Month: April 2005


  • Christie’s

    Picasso’s “Boulevard de Clichy,” to be auctioned next week

    April 29, 2005
    Rock, Paper, Payoff: Child’s Play Wins Auction House an Art Sale
    By CAROL VOGEL

    It may have been the most expensive game of rock, paper, scissors ever played.

    Takashi Hashiyama, president of Maspro Denkoh Corporation, an electronics company based outside of Nagoya, Japan, could not decide whether Christie’s or Sotheby’s should sell the company’s art collection, which is worth more than $20 million, at next week’s auctions in New York.

    He did not split the collection – which includes an important Cézanne landscape, an early Picasso street scene and a rare van Gogh view from the artist’s Paris apartment – between the two houses, as sometimes happens. Nor did he decide to abandon the auction process and sell the paintings through a private dealer.

    Instead, he resorted to an ancient method of decision-making that has been time-tested on playgrounds around the world: rock breaks scissors, scissors cuts paper, paper smothers rock.

    In Japan, resorting to such games of chance is not unusual. “I sometimes use such methods when I cannot make a decision,” Mr. Hashiyama said in a telephone interview. “As both companies were equally good and I just could not choose one, I asked them to please decide between themselves and suggested to use such methods as rock, paper, scissors.”

    Officials from the Tokyo offices of the two auction houses were informed of Mr. Hashiyama’s request on a Thursday afternoon in late January.

    They were told they had until a meeting on Monday to choose a weapon. The right choice could mean several million dollars in profits from the fees the auction house charges buyers (usually 20 percent for the first $200,000 of the final price and 12 percent above that).

    “The client was very serious about this,” said Jonathan Rendell, a deputy chairman of Christie’s in America who was involved with the transaction. “So we were very serious about it, too.”

    Kanae Ishibashi, the president of Christie’s in Japan, declined to discuss her preparations for the meeting. But her colleagues in New York said she spent the weekend researching the psychology of the game online and talking to friends, including Nicholas Maclean, the international director of Christie’s Impressionist and modern art department.

    Mr. Maclean’s 11-year-old twins, Flora and Alice, turned out to be the experts Ms. Ishibashi was looking for. They play the game at school, Alice said, “practically every day.”

    “Everybody knows you always start with scissors,” she added. “Rock is way too obvious, and scissors beats paper.” Flora piped in. “Since they were beginners, scissors was definitely the safest,” she said, adding that if the other side were also to choose scissors and another round was required, the correct play would be to stick to scissors – because, as Alice explained, “Everybody expects you to choose rock.”

    Sotheby’s took a different tack. “There was some discussion,” said Blake Koh, an expert in Impressionist and modern art at Sotheby’s in Los Angeles who was involved in the negotiations with Maspro. “But this is a game of chance, so we didn’t really give it that much thought. We had no strategy in mind.”

    As Ms. Ishibashi wrote in an e-mail message to a colleague in New York, to prepare herself for the meeting she prayed, sprinkled salt – a traditional Japanese ritual for good luck – and carried lucky charm beads.

    Two experts from each of the rival auction houses arrived at Maspro’s Tokyo offices, where they were shown to a conference room with a very long table and asked to sit facing one another, Mr. Rendell said. Each side’s experts had an accountant from Maspro sitting with them.

    Instead of the usual method of playing the game with the hands, the teams were given a form explaining the rules. They were then asked to write one word in Japanese – rock, paper or scissors – on the paper.

    After each house had entered its decision, a Maspro manager looked at the choices. Christie’s was the winner: scissors beat paper.

    “We were told immediately and then asked to go downstairs to another room and wait, while the forms went off to headquarters to be approved,” Mr. Rendell said. He described the atmosphere in the room as “difficult,” saying both sides were forced to “make small talk.”

    Christie’s will sell most of the major paintings in its evening sale of Impressionist and modern art on Wednesday. It hopes the star of the group, Cézanne’s “Large Trees Under the Jas de Bouffan” (1885-1887), will sell for more than $12 million.

    Auction houses give each sale a code name to identify it. Christie’s is sticking with “Scissors.”


    Makiko Inoue contributed reporting for this article from Tokyo.

    Copyright 2005 The New York Times Company | Home | Privacy Policy | Search | Corrections | RSS | Help | Back to Top


  • J. Emilio Flores for The New York Times

    At least one motorist, each way, was willing to pay the toll to drive the express lanes of a
    California freeway

    April 28, 2005
    Paying on the Highway to Get Out of First Gear
    By TIMOTHY EGAN

    RIVERSIDE, Calif. – It is a California still life. In this land of mobile ambition and instant communities, life is on hold in the parking lot that is the Riverside Freeway, 10 miles or more going nowhere at all hours of the day on one of the most congested auto corridors in the world.

    But like a mirage in the exurban desert, a narrow river of traffic moves swiftly down the middle of this highway. The fast lanes, the 91 Express, are sometimes called Lexus lanes, first class on asphalt. They can turn a two-hour commute to work into a 30-minute zip. For a solo driver, on-time arrival comes with a price: nearly $11 per round trip, a toll collected through electronic signals.

    The freeway in places is no longer free. From the backed-up pools of frustration in Chicago’s adjacent counties, to the farthest Virginia fringes of the commute to Washington, to Texas, where plans are under way to build a 4,000-mile network of toll roads, the United States has outgrown its highway system.

    But state and federal governments, beset by deficits, say they have barely enough money to service the existing system, let alone build new roads. As a result, nearly two dozen states have passed legislation allowing their transportation systems to operate pay-as-you-go roads, and in many cases, letting the private sector build and run these roads.

    Social engineering is merging with traffic engineering, creating new technologies that charge people a variable toll based on how many cars are on the road – known as congestion pricing – or reduce toll rates for high occupancy to encourage car-pooling. The White House wants to allow states to charge user fees for virtually any stretch of an interstate.

    It is shaping up as one of the biggest philosophical changes in transportation policy since the toll-free interstate highway system was created under President Dwight D. Eisenhower in 1956. It mirrors changes taking place overseas as well. London began charging tolls two years ago to enter the center of the city during weekday business hours.

    “It’s a big and important shift, and we in the Bush administration think its time has come,” said Mary E. Peters, the federal highway administrator, in an interview. The administration is trying to make it easier for states to convert car pool lanes to toll lanes, and to allow private investors to build and operate highways – and charge for their use.

    In just five years, the number of regular highway bottlenecks has increased by 40 percent, with 233 daily choke points across the map, according to several auto and trucking organizations. The average commuter now loses 46 hours a year sitting idle in a car. And the number of miles driven has gone up more than 80 percent over the last two decades while the number of new highway lanes has increased by just 4 percent.

    So Virginia is negotiating with a private company to build and operate 14 miles of toll lanes in one of the most congested parts of the Capital Beltway. Chicago just leased its 7.8-mile skyway toll bridge to a private operator for $1.8 billion.

    And the vast Trans-Texas Corridor project, which would be the largest private highway system in the country, would allow corporations to charge tolls for 50 years as a way to pay for high-speed lanes in the state.

    In a sense, the trend is a throwback to when toll roads connected many major cities. Those turnpikes still charge for driving on them, and belong to the Interstate System, but they receive no federal money. As the Interstate System was built – more than 46,000 miles of interconnecting highways – it was financed with gas taxes and came with prohibitions against charging tolls.

    Now the era of the big new public highway project is over, federal authorities say. But states are still crying out for new roads – or at least ways to make the old ones work – without any signs that gas tax revenue can meet their needs.

    “Californians can’t get from place to place on little fairy wings,” said Gov. Arnold Schwarzenegger in announcing a plan in January that could allow private investors to build toll roads. “We are a car-centered state. We need roads.”

    California adds nearly 500,000 vehicles a year to its roads, state officials say. Commuters in the Los Angeles area spend about 93 hours a year stuck in traffic – the worst of any region in the country, according to tallies kept by the Texas Transportation Institute.

    Here in the far eastern edge of the Los Angeles metropolitan area, the population has tripled in 25 years, and the region is growing by 12,000 people a month. The commute, from the cheaper homes of Riverside County to the jobs of Orange and Los Angeles Counties, is known as the Santa Ana Crawl, and about 300,000 cars make it every day on the Riverside Freeway.

    Charging tolls on the road’s express lanes has been a big hit in this laboratory for congestion pricing. On the 91 Express, the prices vary from hour to hour in a system where traffic is constantly monitored and costs are adjusted accordingly. The car pool lanes, which are still free, are enforced by state patrol cars. But critics say it sets up a class system for motorists. Or that it amounts to a double charge, since state and federal gas taxes were levied to pay for road construction in the first place.

    “We already paid for these roads,” said Angela Washington, a teacher who takes the torturous commute from this sprawling bedroom community to a job in Orange County, and uses the toll lanes on occasion. “I guess the idea is you buy your way out of congestion, but you do pay.”

    But people say they like the fact that there are no toll booths, and they can virtually guarantee being on time – for a child’s soccer match, job appointment or doctor’s visit. Average peak hour speeds on the 91 Express lanes were 60 to 65 miles an hour last year, versus 15 to 20 m.p.h. on the free lanes, according to federal officials.

    “It’s like everything else: you can fly coach, or you can fly first class,” said Caleb Dillon, an X-ray technician in Riverside whose commute is an hour each way. “I’m not a rich guy, but I like having the option of saving time when I really need it.”

    The tolls have also succeeded in doing what no amount of cajoling and public service announcements could do: get people to car-pool. The 91 now has the highest occupancy per vehicle of any major road in California, state officials said. The reason is that toll lanes here are still free for people who car-pool, offering an incentive to travel together – a savings in tolls of more than $50 a week.

    The new tolls rely on radio technology to debit an account instantly, and they are priced to ensure maximum flow of traffic and pay for the road but still make it worthwhile for a driver to leave the free road.

    “It’s a big cultural shift for people all of a sudden to get used to paying for roads that were free,” said Robert Poole, of the libertarian Reason Foundation. But, he said, “people are so fed up with congestion” that they are open to change. For 17 years, Mr. Poole has been the chief theorist for private solutions to gridlock. His ideas are now embraced by officials from Sacramento to Washington.

    Texas has taken the most ambitious step, under Gov. Rick Perry. The Trans-Texas Corridor, pegged to cost up to $185 billion, would be financed by private investors, who expect to be repaid through tolls.

    A consortium, the Spanish firm Cintra, has already been chosen to build the initial segment, from Dallas to San Antonio. The corridor would be nearly a quarter-mile wide, for rail, truck and auto traffic along with oil, gas, electric and water lines, to be built over the next 50 years. But an unusual alliance of opponents – ranging from the conservative Texas Farm Bureau to the Sierra Club – is fighting the plan, saying it will slice up farms and lead to further deterioration of declining rural towns.

    The Bush administration has endorsed the Texas plan, saying it represents the future for highways.

    “This is an opportunity to bring in the private sector,” said Ms. Peters. “It’s all about having options.”

    But there are some cautionary stories, based on California’s experience. The 91 Express was initially run by a private consortium, which agreed to operate it with a provision that the state could not add other competing lanes of traffic. This brought a lot of anger, worsened traffic and led to a regional government buyout of the lanes, which then threw out the clause about competing lanes. The buyout cost $207 million.

    Another toll road in this region, the 73 in Orange County, is facing a potential default on its bonds because it is not meeting traffic or revenue projections. Commuters say they shun it because it does not save much time compared with nearby free roads.

    Some highway user groups are concerned that the toll roads will be used simply as a way to raise taxes, without any guarantee that the money will go into roads. These groups and their allies in Congress tried, unsuccessfully, to have a provision inserted into the House version of the transportation bill now moving through Congress that would allow charging for only new lanes – not converting free lanes into pay lanes.

    Minnesota will do just that next month on Interstate 394, converting car pool lanes into paid express lanes on a road that carries commuters to and from the suburbs west of Minneapolis. The fee will vary according to traffic and car pools will still be free.

    State officials are promoting the system as the wave of the future – an on-time auto commute, for a price.

    Copyright 2005 The New York Times Company | Home | Privacy Policy | Search | Corrections | RSS | Help | Back to Top


  • Karim Kadim/Associated Press

    Gunmen shot and killed Sheikha Lamea Khaddouri, a member of the Iraqi assembly, outside her house today in eastern Baghdad.


    April 28, 2005
    Gunmen in Baghdad Kill National Assembly Member
    By RICHARD A. OPPEL Jr.

    BAGHDAD, Iraq, April 27 – Three men with pistols shot to death an Iraqi legislator on Wednesday at the front gate of her eastern Baghdad home in a brazen daylight attack, the Iraqi police and the victim’s neighbors and family said. It was the first assassination of a National Assembly member since the elections on Jan. 30.

    The legislator, Sheikha Lameah Khaddouri al-Sakri, was a member of departing Prime Minister Ayad Allawi’s party and a high-profile human rights activist. She was shot down about 3:30 p.m. in the Shiite neighborhood of Binouk, where she lived with her brothers in a modest home amid olive trees set back from a wide street.

    Ms. Khaddouri, one of 87 women in the 275-member Assembly, had survived two previous assassination attempts, one when she was fired upon as she was parking in a garage, and another when gunmen attacked her as she was driving in the capital, destroying her car. She had moved from house to house in Baghdad in an effort to head off further attacks.

    Just last week, Dr. Allawi himself escaped a car-bomb assassination attempt that killed two policemen.

    A friend of Ms. Khaddouri’s said she had been singled out because of her outspokenness.

    “They chose her as a target because she spoke out and took little care who she criticized,” said Haifa el-Azawi, who is also a member of the National Assembly. “She was a brave woman, and she was talking a lot about the situation.”

    Ms. Azawi said Ms. Khaddouri’s friends had told her that her bodyguards were too young and that she needed better protection.

    On Wednesday, according to the accounts of a bodyguard and one of her neighbors, Ms. Khaddouri had just been dropped off at the driveway that leads to her front gate. She walked through the five-foot-tall black iron gate and closed it behind her. As she made her way to her front door, three pistol-wielding men got out of a maroon Opel Omega sedan and knocked on the gate. One called to her by name.

    “They knocked at her gate, and she went back to open it, and then she got shot directly,” said First Lt. Sabah Sahr, from Al Quds police station. “One of the men called her by her name.” Ms. Khaddouri suffered eight bullet wounds to her face and chest, he said.

    Ms. Khaddouri’s bodyguard, interviewed later at the police station, said he had driven his car away after dropping Ms. Khaddouri off. He said that he soon heard gunfire, but that he did not think Ms. Khaddouri could have been the target because she should have been safe on her own property. In the interview, the bodyguard, who would not give his name, said she might have thought he was calling out to her.

    Earlier in the day Ms. Khaddouri was interviewed on television, said her brother, Amar abd al-Khaddouri, a dentist. “She was always afraid to be on TV,” he said.

    According to the bodyguard, after she had finished the interview, she said, “I’m afraid they will kill me because I’ve been on TV.”

    Ms. Khaddouri, who was unmarried and in her 40′s, shunned living in the relatively protected Green Zone, where some of the other legislators live, in favor of sharing a home with her brothers.

    She was given the honorific of Sheikha because she was the daughter of a prominent Shiite leader of the Rabiya tribe, which is based in Kut, 100 miles southeast of Baghdad. She had only recently begun using security guards paid for by her family, according to her brother.

    One neighbor, a 17-year-old who would identify himself only as Husam, said, “When she was elected to Parliament, I said, ‘Why don’t you have better security?’ And she said, ‘God will protect me.’ “

    Layla Istifan and Khalid Hassan contributed reporting for this article.

    Copyright 2005 The New York Times Company | Home | Privacy Policy | Search | Corrections | RSS | Help | Back to Top


  • Illustsration by Enlightenment @ Pocko People

    From left, Marc Jacobs, Nicolas Ghesquiere of Balenciaga, Phoebe Philo of Chloé, Stefano Pilati of Yves Saint Laurent, Olivier Theyskens of Rochas and Alber Elbaz of Lanvin

    April 28, 2005
    The Paris 6
    By CATHY HORYN

    LATE last February, over lunch in a Paris restaurant, Stefano Pilati, the new designer at Yves Saint Laurent, offered a surprising motive for putting modern-thinking women in tulip skirts and high-necked polka-dot blouses, things that had struck critics as repressively feminine. “My aim was to say, ‘We’re a fashion elite here,’ ” Mr. Pilati said. And he is determined to lead. “We should. We’re supposed to.”

    You don’t have to be a fan of the reality show “Project Runway” to appreciate that fashion has become more and more populist. This is the age, after all, of the adolescent designer, the celebrity designer, the hip-hop designer, and the claimants have been as varied as Sean Combs and Esteban Cortazar, who was 18 when he held his first show.

    And though fashion, like politics, is still an insider’s game, with its own addicts and agenda-setting editors, nothing, it seems, can compete with the authentic judgment of bloggers and Web viewers. Ask yourself: How elitist can fashion be when the 20 most popular fall 2005 collections on Style.com received a total of 22 million hits in 12 days?

    Nevertheless, by the end of the fall shows in March, Mr. Pilati’s assertion had been borne out. On the strength of an exceptional series of Paris collections, a new elite had emerged, and with it a sense that every choice these designers made, every proportion and fabric chosen or rejected, represented a superior judgment. They were acting like designers, not stylists or vintage-shop pickers. Retailers, starved for direction, saw the shows as a breakthrough. In New York, despite an influx of new talent, only Marc Jacobs had the power to influence the industry, whether an editor at Condé Nast or the owner of an illicit handbag palace on Canal Street. Milan had Miuccia Prada. In Paris there were six.

    Insiders may debate who belongs in this elite class, but they don’t dispute the authority of Mr. Pilati, Olivier Theyskens at Rochas, Nicolas Ghesquiere at Balenciaga, Alber Elbaz at Lanvin, Phoebe Philo at Chloé and Mr. Jacobs, who designs his own line and another for Louis Vuitton.

    Even fashion industry analysts, who tend to be skeptical of the pronouncements of editors, acknowledge the influence of these designers, whose average age is 35. David Wolfe, the creative director of Doneger Group, which forecasts trends for stores like Nordstrom and Wal-Mart, compares it to that of the Antwerp Six, a group that included Dries van Noten and Martin Margiela, in the early 90′s. “They feel the pulse of their times the same way the Belgians did,” he said. “And they have the same problem. Everybody feeds off them, except now there’s an expectation that your company has to be as big as General Motors. Or Tom Ford.”

    Is it the air, the Gallic water, les girls? What unites these six designers, only one of whom can claim French birth, and why now? The answer, as simple as it sounds, is fashion.

    For several years now, the business has followed a different set of imperatives: fashion as lifestyle, fashion as art, fashion as a spree of casual Fridays. Twenty or 30 years ago, when the Japanese avant-garde designers arrived in Paris, and before that, when Yves Saint Laurent and Kenzo were telling everyone how to dress – well, back then it was only fashion as fashion.

    Gradually, though, it wasn’t cool to be a dictator. And anyway, designers didn’t have time. They had empires of licenses to manage, yachts to squeegee. By the time Ms. Prada and Mr. Ford exploded, in the mid-1990′s, nobody except a few couturiers at the top knew about hidden seams and hand-frayed edges. And if one may say so, the whole picture of dress had degenerated to a logo bag and a pierced navel.

    Nowadays people are dressing better. It’s as if the entire industry has been squeezed upward. As Mr. Wolfe put it, “Even the bottom feeders of the fashion food chain have Champagne tastes.” Everyone wants to look posh.

    Like most mainstream trends this one started with an extreme gesture, a squawk (the sound of editors’ mouths popping open) at the beginning of the fashion grapevine. You can almost pinpoint the moment: Paris, March 2003, when Mr. Theyskens, a Belgian designer then just 26, showed a weird humpback dress in French lace. Weird or not, it telegraphed a message to the rest of the industry: clothes would involve more form, and more savoir-faire.

    And Mr. Theyskens wasn’t alone. “They’re the most daring group of designers we’ve seen in a long while,” said Julie Gilhart, the fashion director of Barneys New York. “Alber dared to be pretty, and with clothes that a lot of women can wear. Olivier changed the way we look at luxury, by focusing on extreme proportions and beautiful craft. It’s now bye-bye, bling. Nicolas has influenced the street. Look at his cargo pants. People were, like, ‘Baggy pants in pink and green – what?’ But those pants and their copies made stores millions of dollars.”

    WHAT unites these designers is that they are using details and craft, often involving old modes of construction, to make an original statement. Ronnie Cooke Newhouse, an influential art director whose clients include Lanvin, says there is a dual advantage in using couture effects like draping. It makes the clothes harder to copy, and it distances them that much further from superficial, Star magazine type of fashion. “If a dress has volume, it’s because Alber found a real dressmaking solution,” Ms. Newhouse said. And he is thinking how to do it in a light, modern way. “It’s about both form and function,” Mr. Elbaz said.

    Yet each designer has a highly individual look. There is no mistaking Ms. Philo’s loose, romantic dresses for Mr. Theyskens’s icy towers of ruffles, or Mr. Pilati’s clerical references for Mr. Ghesquiere’s starved-to-near-perfection silhouette. “It’s not like Nouvelle Vague in the movies in the 60′s,” said Mr. Ghesquiere, who was born in France. “We’re all different.”

    Mr. Pilati, a former assistant to Mr. Ford, is the least known of the group, but before fashion magazine editors could recover from the shock last fall of seeing tulip skirts, other designers had adapted his waist-defining look for the next season. Bergdorf Goodman is eager to introduce him to customers. “I’ll offer him anything – lunch, a cocktail party, the windows,” Robert Burke, the store’s fashion director, said.

    Although one can point to designers who have achieved empire without a loss of prestige among insiders – Karl Lagerfeld and Ms. Prada for sure – and to others who have remained influential through innovation, like Rei Kawakubo and Azzedine Alaïa, members of the new group have come to the fore because their influence has derived from clothes. Not marketing campaigns, accessories or chatty celebrities, but clothes. This represents an ideological break from the late 90′s, and the business model of Mr. Ford and Gucci.

    “I don’t want a career that’s like another designer’s,” said Mr. Ghesquiere, who took over Balenciaga in 1997. “I think I can say we have idols but no models to follow. You have to define your own model.”

    Not everyone has always understood him; he was fired after his first collection, but then the buzz started, and he was rehired. And though his Princess Leia look of the late 90′s set off a wave of imitations, as did his anti-luxe bags with studded straps, Mr. Ghesquiere has stubbornly avoided being predictable, even conventionally pretty. (One may recall the media bashing that Jennifer Connelly received when she wore a drab beige gown of his to the Oscars.) Still, his below-the-radar approach is paying off. Balenciaga, which is part of Gucci Group, expects to be profitable within 18 months.

    Making money is still a problem for most of these brands, and the media attention they receive, while deserved, can overstate the true picture. “Selling 50 pieces at Barneys is fine, but it’s not a business,” Ralph Toledano, the chief executive of Chloé, said, adding that a problem for small houses like Rochas and Lanvin is that they rely too heavily on the creativity of their designers. “From a company point of view, that’s totally unhealthy,” Mr. Toledano said. You also need managers who can take a creative idea and turn it into a string of products.

    In another sense, though, Mr. Theyskens, who showed his first Rochas collection in 2003, was probably smart to position the line at a superhigh level, with dresses that can cost $5,000. With luxury brands pushing from the top and mass merchants from the bottom, it’s tough to have a business in the middle. Mr. Wolfe said there is little future in lower-priced diffusion lines because of how easily they are knocked off. Exaggerating to make his point, he said, “Marc Jacobs’s diffusion line is Wal-Mart.”

    Few designers of his generation have understood the consumer and her impulsiveness better than Mr. Jacobs. It’s a reason his look changes frequently, now a riff on Thatcherite ruffles, now an ode to Japanese volumes. In the past women stuck with the same two or three designers most of their lives. Now they simply want what’s new.

    The young women who work in his Paris studio are a lesson to him in this respect. “They’re such shopaholics,” he said. “They’re into Lanvin, because it’s new. This last season the one thing they wanted was YSL.” Mr. Jacobs laughed. “I said, ‘What happened to Alber?’ “

    YET while he has gained in prominence by working for Vuitton – its parent, LVMH Moët Hennessy Louis Vuitton, owns one-third of Mr. Jacobs’s company and has helped it expand into accessories – his partner, Robert Duffy, points out proudly that ready-to-wear is still the mainspring of the company, outselling shoes and bags. And despite the popularity of its Mouse shoe (150 pairs sold each week), he and Mr. Jacobs sensed the market was tapped out, at least for them. “We were, like, ‘Stop with the Mouse shoe,’ ” Mr. Duffy said wearily.

    “It takes lots and lots of slow steps,” Ms. Philo conceded, talking about the process that has made Chloé one of the most imitated labels in the business. (Derek Lam is one designer who ought to pay royalties this spring to both Chloé and Lanvin.) Through the efforts of Mr. Toledano, the company is now set to add lingerie and children’s wear, and will open 30 new stores over the next three years, he said. Sales for the most recent fiscal year increased 60 percent.

    But as Ms. Philo said: “If the clothes don’t look good, then you haven’t got anything. My focus is totally on the runway.”

    And in Paris or wherever talent presumes to be taken seriously, the runway never lies.

    Copyright 2005 The New York Times Company | Home | Privacy Policy | Search | Corrections | RSS | Help | Back to Top


  • Graham Roumieu

    April 28, 2005
    The Tao of Skinny-Dipping
    By DANA VACHON

    AFTER long days spent defending their positions atop New York’s most competitive fields, Manhattan’s alpha males need to unwind. From mistresses to treadmills, these men have as many forms of relaxation as sources of stress. But some of the city’s titans have a secret. They meet around private pools in private clubs and swim together, naked.

    Men swimming together in the nude dates back to before the fall of Rome and was commonplace just 50 years ago in New York City and its affluent suburbs. Yet today the practice survives at only a handful of exclusive clubs, where members hold onto it with a fierce devotion. It is for these men a peerless form of bonding, with nostalgic links to youthful activities like group showers at prep school and skinny-dips at summer camp.

    “If you meet someone swimming naked in a pool, surely you’re going to do much better in an interview with them,” said a 24-year-old bond trader who swims as a guest at the Racquet and Tennis Club on Park Avenue.

    The Racquet Club (five recommendations needed for admission) was designed by McKim, Meade & White in the style of an Italian palazzo, its height exactly twice the width of Park Avenue to achieve an understated but unmistakable distance from the world below. It is as much of a time capsule of the Gilded Age as can be found in Manhattan, and members observe a strict code of silence about all that takes place behind its thick stone walls.

    “It’s a matter of the WASP ethic,” said one investment banker in declining an interview about the club’s swimming practices. “What goes on at the R.T.C. stays at the R.T.C. We don’t want the general public having a peek at the last bastion of old-school pleasure, the last oasis.”

    Nude bathing is strangely like the Tao: those who know the way of it speak not of it. Nonetheless, at the Racquet Club and the University Club on Fifth Avenue, another New York outpost of nude male swimming, sympathetic members took me under their water wings, allowing me to breast stroke a few laps in their pools to observe one of the city’s most curious, enduring rituals.

    Inside the Racquet Club are cavernous rooms for backgammon, billiards and obscure racquet sports played since the time of the French Revolution by the kind of people against whom the French were rebelling. The walls are lined with oil paintings of polo players, fox hunters and long dead horses of undying pedigrees. The club’s membership is no less distinguished. George Plimpton frequented it for decades, and Mayor Michael R. Bloomberg was also a member, although he resigned in an egalitarian gesture before becoming mayor. Members include a leveraged buyout king, Henry R. Kravis, and a Greek Prince, Pavlos.

    My host, a hedge fund analyst in his 20′s, took me to the top floor, where we stood first in towels and then in nothing at all above a perfectly placid pool best characterized by its limitations: it was too small for serious lap swimming yet too deep for simple wading. A small vaulted ceiling provided a womblike dome for a feeling more of relaxation than of athleticism.

    On the street below taxis honked, and pedestrians shouted, but all sounds were muffled by the lapping of water. An elderly man with a Churchillian physique walked to my side of the pool. He began to swim his laps, and soon came perilously close to my area of treaded water. “You’ve got to watch out for a naked collision,” warned my host, who detailed the worst injury sufferable in modern nude aquatics. “One guy wasn’t looking when he was coming out of a lap and grabbed another guy. He felt something strange, but familiar.”

    The disturbing possibility of such a man-on-man collision perhaps explains why those who look most disapprovingly on nude swimming are often the wives and girlfriends of its practitioners. When asked what his spouse thought of his morning dip, a private equity investor in his early 30′s was brutally honest: “She just laughs and says that it’s very, very, very gay.”

    THE roots of male nude bathing are planted at least partly in homoeroticism. Older Athenian men regarded watching the swimming of ephebes, young men undergoing physical and military training, as a great pastime. But the more modern roots of the practice seem to draw on the urban decay of the late 19th century, the historian George L. Mosse wrote in the Journal of Contemporary History (April 1982), a subject he later developed in “Nationalism and Sexuality” (1985).

    At the turn of the last century, Mosse explained, naked swimming and nudism in general gained wide acceptance in Europe following centuries in which Christian modesty made the naked body shameful, and leading medical authorities advised a thick dirt patina as the best protection against sickness. “Cities were condemned as breeding grounds of immorality and moral sickness,” he wrote. “The enthusiasm for nude swimming, athletics and sunbathing, even while condemning false shame, harnessed the rediscovery of the body to respectability.”

    The idea that nudity could be a healthful antidote to modern life traveled to America, and it was during this era that Manhattan’s great bastions of nude bathing were built. First was the University Club in 1900. Then came the Yale Club on Vanderbilt Avenue in 1914, the Racquet and Tennis Club in 1919 and eventually the New York Athletic Club on Central Park South in 1929.

    The city’s earliest nude swimmers worked in the same broad fields – law, finance, industry – as naked bathers today, but they enjoyed far more relaxed schedules. After two hours of a three-martini lunch, a white-shoe lawyer might take an hour to soak his white bottom among other white bottoms before returning to the office.

    This golden era of nude bathing ended in the 1980′s, when Mayor Edward I. Koch signed a bill banning discrimination against women at private clubs. For nude swimming it was the sack of Rome all over again. The New York Athletic and Yale clubs abandoned nude bathing for coed covered swimming; the Racquet and Tennis and University clubs, along with the Harmonie Club on East 60th Street, emerged as keepers of the naked flame.

    The Racquet Club was able to remain all male by arguing that so long as no business was conducted within its walls, no discrimination was practiced. The University Club, for its part, balked at the legal costs associated with continuing as an all-men’s club and began admitting women in the 80′s. But naked swimming was so important to the men of the University that they paid to keep it afloat.

    Men at the club pay $625 for a year’s access to the locker-room and fitness facilities, including the pool. Women pay only $325 and can use what they save to find suitable swimming facilities elsewhere. In this way the world remains egalitarian, and the bath stays naked.

    The University Club was also designed by McKim, Meade & White just after the peak of the European nudist renaissance. The clubhouse occupies three grand stories at Fifth Avenue and 54th Street. The U., as members call it, was originally intended as a meeting place for the graduates of America’s top universities. On the fourth floor is a vast library of soaring ceilings and ornate design that inspired Le Corbusier to remark that only in New York did he really learn to appreciate the Italian Renaissance.

    Inside the University is a soaring lobby of pink marble and gold leaf, from which a small staircase leads down to a changing room of white wood, where spotless windows look out onto the pool. At the far end of the small slip, fresh water flows from the mouth of a brass lion’s head, and above it is a ceiling painted in gentle shades of blue, a trompe l’oeil sky.

    There could be no more perfect refuge from the big and dirty city. “It’s really meant to be a leisure pool,” said one member of the University, a real estate investor in his late 20′s, who explained why the idea of swimming alongside other men doesn’t strike members of these clubs as particularly strange.

    “At boarding school everyone showers in gang showers,” he said. “It was like a social occasion. It’s not a far leap to make a connection between showering at prep school and naked swimming in New York.”

    I took a naked swim at the University Club with a money manager in his 60′s, who shared in the schoolboy’s glee at escaping from the world at large and insisted that I cut out of work to meet him for a midday dip. We swam a short lap of the pool, then rested beneath the spouting brass lion’s head, where he informed me with a smile, “They’re going to wonder why you smell like chlorine when you get back, you know.” I didn’t care. It was hard to think of much beyond the trickling of water and the pleasantness of floating in the great amniotic pool.

    EVERY great secret carries with it a paradox, and nude swimming is no exception. To understand the present state of this ancient practice fully, you really have to put on a bathing suit.

    The New York Athletic Club was a naked swimmer’s paradise until the decision to admit women with full aquatic privileges. Older members lament the loss of naked swimming, and it is said that septuagenarians still emerge from the lockers with full manhood on display, shocking women swimmers as they shuffle toward what they remember as a perfectly good naked pool.

    Yet younger generations at the Athletic Club don’t seem to miss nude swimming at all. Their pool is not ornate and womblike. Indeed it seems principally designed for exercise, built along utilitarian lines at odds with the Jacuzzilike aesthetics so highly prized by nude bathers.

    At the Athletic Club, Speedoed athletes swam fast laps with quick strokes, causing me to feel more self-aware in my hibiscus-print trunks than at any of the nude pools. The members were more than happy to go on record about their bathing habits and seemed almost proud to have abandoned naked swimming.

    “This isn’t just some blue-blood club,” said Jamie LeFrak, a managing director of the LeFrak Organization, the giant developer of middle-income housing. “This is a place for serious athletes. Some of the members here have won Olympic medals.”

    I stepped onto the diving block and did my best to enter the pool with some semblance of athleticism, but the leisure of my nude dips had taken a softening toll. I completed one of the most aesthetically displeasing laps in the modern history of the New York Athletic Club. There was something to be missed about the warm, soothing leisure of a nude plunge, the slow pace and easy conversation of bobbing high above Park Avenue, or cozily beneath Fifth.

    I soaked in a whirlpool, contemplating the future of nude aquatics. It wasn’t the admission of women that ended all male nude swimming at the New York Athletic Club. After all the University Club has many women as members. Nude swimming at the Athletic Club fell as Rome did, a victim of the very things it was created to guard against and control. The frenetic pace of Manhattan simply overwhelmed the placid nude waters. All around me athletes clocked their laps, waited for lanes and looked nervously at their watches, hoping to complete the workout in time for the evening’s next engagement.

    Copyright 2005 The New York Times Company | Home | Privacy Policy | Search | Corrections | RSS | Help | Back to Top


  • Hiroko Masuike for The New York Times

    Like others who have lost electronic items to thieves, Antonio Dominguez didn’t report the theft of his iPod because he figured the chance of retrieval was slim.

    April 28, 2005
    Combating Gadget Theft
    By JOHANNA JAINCHILL

    As electronic products shrink in size, they grow in allure, not only to consumers but also to thieves. Lightweight and easy to conceal hand-helds, laptops and music players are sleek, valuable and often carried around as casually as a set of keys.

    Because they can just as casually wind up in the wrong hands, a growing number of tracking-and-recovery services and other forms of coverage are available to help protect the gadget owner.

    Only yesterday, the New York City police reported that a recent increase in subway crime was primarily attributable to thefts of portable devices, largely cellphones and iPods. But the phenomenon is not limited to the subway, of course – and is not always reflected in crime statistics.

    Antonio Dominguez, 25, a construction project manager in New York whose iPod was stolen at his gym, was so upset that he joined a different gym. A sign in his new locker room announced that a member’s iPod had been stolen there, too. Like many victims, Mr. Dominguez did not think of reporting the theft.

    “I wouldn’t even know where to start,” he said. “It would be encouraging for me if I saw a large percentage of items returned to those who report it.”

    Indeed, only 6.7 percent of owners recovered their stolen hand-held computers, laptops or smart phones (cellphone organizers that are often connected to the Internet), according to a 2004 study by Brigadoon Software, which makes programs that help track and recover stolen devices. F.B.I. statistics indicate that only 3 percent of stolen laptops are recovered.

    Homeowners and renters’ insurance usually covers these items, but the deductibles – typically $500 to $1,000, according to the Insurance Information Institute – are generally more than the cost of the gadgets, except for computers.

    There is also Safeware (www.safeware.com), a company offering theft and damage insurance for computers and smaller gadgets. In New York, a $2,000 laptop can be insured for $64 a year and a music player for as little as $52, both with no deductible.

    A good option for cellphones and smart phones is coverage from the carriers, for about $5 a month on top of the service fee. Customers without insurance who need new phones are often surprised at what they cost. To sell service contracts, carriers offer phones at a sizable discount, but replacing them can cost hundreds of dollars.

    Stolen items move quickly, with the help of the Internet. Property can be sold in online auctions or bazaars through unmonitored transactions. Stolen computers can fetch as much as $800, said Terrance Kawles, president of Brigadoon, and used iPods may be listed for upward of $200, with notations that they “must sell today” and for “cash only.” Cellphones are sold for as little as $35 “unlocked,” meaning they can be programmed with a new number and carrier.

    Gideon Yago, 27, a writer and correspondent for MTV News, came home recently to discover that his locks had been broken and that a burglar had been in his apartment. He lost a G4 titanium PowerBook, an iPod, a mini DV camera and an external hard drive, in addition to jewelry and other items, worth about $10,000 altogether.

    “The detective told me it’s easier to solve a homicide than a burglary,” he said, adding, “I’d give a nickel to anyone who could invent a LoJack system for computers,” a reference to an automobile security device – a transmitter that can be activated by police to guide them to a stolen car.

    It will cost more than a nickel, but such programs do exist. And Mr. Yago is not the only victim of theft who is not aware of them. Called track-and-recover software, the technology assumes that the stolen machine will eventually be hooked up to the Internet, and once online it is programmed to send a signal indicating its Internet Protocol address. That may allow the thief to be traced through an Internet service provider.

    “If you have our software on your computer you have over a 90 percent chance of getting it back,” said Mr. Kawles of Brigadoon (www.pcphonehome.com), which makes track-and-recover programs for computers called PC PhoneHome and MacPhoneHome.

    According to the Computer Security Institute and the annual Computer Crime and Security Survey conducted by the Federal Bureau of Investigation, laptop theft losses increased to more than $6.7 million in 2004. The survey looks at corporations, which are hit the hardest by computer device theft.

    “It’s hell to call your customers and tell them their personal information has been compromised,” said Nick Magliato, chief executive of Trust Digital, a company selling mobile security software to corporations.

    Trust Digital and similar companies produce software that protects information on laptops and devices like smart phones by either encrypting the data, locking the device or remotely wiping out everything on it. For companies whose employees carry sensitive digital information, the gadget itself is relatively disposable. It is the information that needs protection.

    If a gadget is lost, or stolen and then discarded, services exist to help find the owner should a good Samaritan come upon it and seek to return it. Companies like StuffBak, Trackitback and SmartProtec register the electronic items and tag them with labels and serial numbers to help people return them and to deter thieves, who might think that indelibly labeled items will be hard to resell. These services vary in the reward offered and the costs to the owner.

    Caution, of course, can be the best protection against theft. At the University of Rochester, Walter Mauldin, director of security services, noted that after an uptick in robberies in 2003, people became more attentive to their belongings. In 2004, the total number of campus thefts decreased.

    “People are aware that taking care of these items means more than doing it occasionally,” he said. “Like taking care of a baby, it’s got to be a regular thing.”

    But many owners of portable gadgets feel that much of their appeal is taking them everywhere, with little thought.

    “I’m definitely more careful now than I used to be, but basically I throw it all in my bag and don’t worry about it,” said Casey Brennan, 26, a freelance writer in New York whose MP3 player and cellphone were taken along with the other contents of an unwatched handbag. Ms. Brennan, who calls herself an electronics fanatic, routinely carries around a Sidekick smart phone, her second iPod, a digital voice recorder, a cellphone and a G4 iBook laptop.

    The risk of theft, she said, is “the price I pay to need to have all these tiny little gadgets.”

    Copyright 2005 The New York Times Company | Home | Privacy Policy | Search | Corrections | RSS | Help | Back to Top


  • Phillip Toledano for The New York Times


    April 24, 2005
    Buried Answers
    By DAVID DOBBS

    When Dr. Alan Schiller’s 87-year-old mother died in January, ”it took some convincing,” Schiller says, to get his siblings to agree to an autopsy. ”They said: ‘She had Alzheimer’s. Let her rest.’ But I told them: ‘No, something seems funny to me. An autopsy is the only way to be sure.”’ Schiller prevailed. A tanned, quick-minded, gregarious man in his 60′s, he is naturally persuasive, and as chairman of pathology at Mount Sinai School of Medicine in New York, he carries a certain authority regarding autopsies. The word ”autopsy,” he reminded his siblings, means to ”see for oneself,” and they should see what happened to their mother. Schiller’s mother died in Miami, so he called his friend Dr. Robert Poppiti Jr., chairman of pathology at Mount Sinai Medical Center in Miami Beach. She was on the table the next morning.

    In a living patient, Alzheimer’s is a diagnosis of exclusion, one that should ideally be reached only by eliminating all testable causes of fading memory and mind. Confirming it requires directly examining the brain. The definitive markers are the tiny protein plaques and fibrous tangles that appear under the microscope in stained sections. But a good pathologist can spot advanced Alzheimer’s just by looking at the whole brain. The brain will be shorter, front to back, and more squarish than normal — a reflection of Alzheimer’s neuronal decimation, which shrinks the brain up to 15 percent. This would presumably have been the case with Mrs. Schiller. But the autopsist found her brain of normal shape and size. Dissecting it, he discovered a half-dozen cystlike lesions scattered throughout — areas darker, softer and less elastic than the buff-colored parts surrounding them.

    ”He called me right away,” Schiller told me. ”He said: ‘Alan, your mother didn’t have Alzheimer’s. She had multi-infarct dementia.’ You know what that is? It’s a loss of mental capacity from a series of strokes. You can tell it because these cysts show up, little areas filled with fluid that comes in after a clot cuts off blood flow and the cells die. She had had multiple strokes. She didn’t have Alzheimer’s at all. She’d been slowly killed by strokes.

    ”Now, this is useful information,” Schiller continued. ”For one, it means I should worry less about getting Alzheimer’s but maybe more about my cardiovascular health. It also means they could have been treating her for stroke. She might have had a very different life. But Alzheimer’s has become a wastebasket diagnosis. You behave strangely and you’re old, you have Alzheimer’s. But other things, like this multi-infarct dementia, can produce the same symptoms. And no one ever checked for that.”

    This is the point that Schiller, a champion of the autopsy, means to make: even in today’s high-tech medical world, the low-tech hospital autopsy — not the crime-oriented forensic autopsy glorified in television, but the routine autopsy done on patients who die in hospitals — provides a uniquely effective means of quality control and knowledge. It exposes mistakes and bad habits, evaluates diagnostic and treatment routines and detects new disease. It is, Schiller says, the most powerful tool in the history of medicine, responsible for most of our knowledge of anatomy and disease, and it remains vital. ”Neglecting the autopsy,” he says, ”is anathema to the whole practice of medicine.”

    Yet the hospital autopsy is neglected. When Schiller went to medical school in the 1960′s, hospitals in the United States autopsied almost half of all deaths, and the autopsy was familiar to medical students and practitioners alike. The United States now does post-mortems on fewer than 5 percent of hospital deaths, and the procedure is alien to almost every doctor trained in the last 30 years. Schiller has fought this. Soon after he took over Mount Sinai’s pathology department 16 years ago, a time when many hospitals were closing their autopsy facilities, he built what he calls ”a beautiful new morgue,” spending more than a million dollars. ”I wanted a grand opening, a public thing,” he says, laughing. ”You know — ribbons, speeches. The hospital said: ‘Are you nuts? It’s a morgue!”’ The hospital has backed him otherwise. By pushing clinicians to ask for autopsies and by doing good autopsies that quickly give clinicians useful feedback, Schiller has lifted Mount Sinai’s autopsy rates from the single digits to the midteens. But only a few hospitals, almost all of them teaching hospitals, like Mount Sinai, still do that many. Elsewhere the autopsy is dying.

    Dr. George Lundberg, a pathologist who edited The Journal of the American Medical Association from 1982 until 1999 and now edits the online medical journal Medscape General Medicine, has, like Schiller, spent much of his career trying to revive the autopsy. The heart of his plaint is that nothing reveals error like the autopsy. As Lundberg noted in a 1998 article, numerous studies over the last century have found that in 25 to 40 percent of cases in which an autopsy is done, it reveals an undiagnosed cause of death. Because of those errors, in 7 to 12 percent of the cases, treatment that might have been lifesaving wasn’t prescribed. (In the other cases, the disease might have advanced beyond treatment or there might have been multiple causes of death.) These figures roughly match those found in the first discrepancy studies, done in the early 1910′s. ”No improvement!” Lundberg notes. ”Low-tech autopsy trumps high-tech medicine . . . again and again.”

    Lundberg doesn’t fantasize that the autopsy can make medicine mistake-free; medicine poses puzzles too various and complex to expect perfection, and indeed error rates run about the same no matter how many autopsies are done. But autopsies can keep doctors from repeating mistakes, and thus advance medicine. Doctors miss things. But without autopsies, they don’t know when they’ve missed something fatal and so are likely to miss it again. They miss the chance to learn from their mistakes. Instead, they bury them. This, Lundberg says, ”is endlessly galling.”

    As Lundberg sees it, ”If you want to base your medicine on evidence, if you want to reduce error, if you simply want to know what you are doing, then you should start by evaluating the care given to your sickest patients — the ones who die.”


    The autopsy’s intellectual founder was Giovanni Morgagni, a physician and professor at the University of Padua who wrote one of the most gruesome, humane and riveting early texts of modern medicine, ”The Seats and Causes of Disease Investigated by Anatomy.” Published in 1761, when Morgagni was 79, the book describes nearly 700 autopsies he performed. His lucid, compassionate accounts demonstrated irrefutably that illness works in traceable, physical ways; medicine, therefore, should be an empirical endeavor aimed at particular physical processes rather than ”humors,” spirits or other intangibles.

    Morgagni’s perspective was carried into the present era by William Osler, a Canadian who practiced and taught medicine in the United States in the late 1800′s. Osler exerted more influence on 20th-century medicine than any other doctor, primarily by creating at Johns Hopkins Medical School the model for medical education still used today, with students seeing patients beginning their third year and training in internships and residencies after graduating. Osler placed the autopsy at the center of this education, performing more than a thousand post-mortems himself and insisting that staff members and students do them regularly. Tracking the necrotic footprints of their own missteps, he believed, would teach them lessons far more memorable than any text could.

    Osler’s argument was strengthened in the early 1910′s by the work of Richard Clarke Cabot, who reviewed the records and autopsies of thousands of patients at Massachusetts General Hospital and found that the autopsies showed clinical diagnoses to be wrong about 40 percent of the time — the finding replicated many times since. His reports helped solidify the autopsy’s central role in medical education and practice. Autopsy rates began to rise. By World War II, they were nearing 50 percent, and autopsies had become standard in medical schools and many hospitals, where weekly mortality and morbidity conferences often focused on what autopsies had revealed about the diagnosis and treatment of patients’ illnesses.

    That midcentury peak helped drive remarkable medical progress. In 1945, for instance, the chance of survival for a patient with an aortic aneurysm was little better than it was a century earlier. But in the 50′s and 60′s, surgeons like Michael DeBakey, a pioneering cardiovascular surgeon, learned through trial and error — the errors offering their lessons only through autopsy — how to repair and replace first lower sections of the aorta in the abdomen and then, working up toward the heart, the biggest, most pressurized and most vital sections. By 1960, aortic repairs were routine. By 1970, the lessons learned helped make open-heart surgery common as well.

    Autopsies similarly advanced other areas of medicine. They played central roles in diagnosing and spurring treatment for sudden infant death syndrome, Legionnaires’ disease, toxic-shock syndrome, hantavirus, H.I.V., Ebola and other infectious diseases and helped make the association between lung cancer and smoking. These medical advances would have come about much more slowly without autopsies. In 1999, for instance, when four New York City residents died of what was diagnosed as St. Louis encephalitis, it was only because the city’s unusually aggressive medical examiner’s office insisted on autopsying them that they were discovered to be the first American victims of West Nile virus. (In most cities, the four would have been buried or cremated without autopsy.) The federal Centers for Disease Control and Prevention subsequently established a nationwide monitoring, control and treatment system credited with preventing scores or perhaps hundreds of deaths.

    Though yet deadlier pathogens, like those that cause avian flu, mad cow disease and SARS, will almost certainly make their way to the United States, our low autopsy rates may well delay their detection. Prion diseases — for instance, mad cow, which in humans is called variant Creutzfeldt-Jakob disease — cause a neurological death that doctors could mistake for multi-infarct dementia, encephalitis or even a fast-moving Alzheimer’s. A patient who died of a prion disease might go unautopsied and be cremated or buried, leaving the prion disease and its source undetected. With some 200,000 Alzheimer’s and stroke patients buried unautopsied each year, this may have already happened.

    After 20 years of making arguments for autopsy, Lundberg says that he feels like the football coach in the joke about the dim and unmotivated player. ”What’s wrong with you, Jones?” the coach says. ”Are you ignorant? Or just apathetic?” To which Jones replies, ”I don’t know, and I don’t care.”

    When Lundberg talks autopsy to doctors’ groups or health-care policy makers, his audiences generally agree that we should do more autopsies. ”But nobody takes the steps to make it happen,” Lundberg laments. They shake their heads in dismay, then return to business as usual. The forces arrayed against the autopsy — regulatory, economic and cultural — seem to overcome any impulse to revive it.

    It starts with pathologists. Most pathologists don’t like autopsies. The procedure entails two to four smelly hours at the table and as many again analyzing samples, and the work comes atop other duties — ones that feel more urgent — like analyzing biopsies of living patients. Autopsies seldom advance careers or status, and most hospitals don’t pay pathologists for doing them or provide updated equipment to ease the job or get the most out of the sampled tissues.

    Hospitals say the problem is money. An autopsy can cost from $2,000 to $4,000, and insurance won’t cover it. Most patient families blanch if asked to pay for it, and many can’t afford to after paying medical and funeral bills. So the hospital gets the tab. For most of the postwar period up to 1970, hospitals generally paid it, essentially because they had to: the Joint Commission on Accreditation of Healthcare Organizations required hospitals to maintain autopsy rates of at least 20 percent (25 percent for teaching hospitals), which, then and now, is the rate most advocates say is the minimum for monitoring diagnostic and hospital error. The commission eliminated that requirement in 1970. Lundberg says that this happened because hospitals, which had already allowed the rate to drop to close to 20 percent since its 1950′s high of about 50 percent, wanted to let it drop further and pressured the commission. The commission’s current president, Dr. Dennis S. O’Leary, says it eliminated the standard because too many hospitals were doing poor autopsies — and often only the cheapest, simplest ones — just to make the quota. In any event, few hospitals have paid for autopsies since then. Money is too scarce, they say, the needs of living patients too great.

    But this argument fails scrutiny. For starters, hospitals do get money for autopsies: Medicare includes an autopsy allowance in the lump sum it pays hospitals for each Medicare inpatient, and those patients account for three-quarters of all hospital deaths. This money could easily finance double-digit autopsy rates. But most hospitals spend it on other things. Lundberg and others have urged the Department of Health and Human Services to make Medicare payments contingent on hospitals’ meeting a certain autopsy rate. But the agency shows no interest in doing so.

    The hospitals’ dodge on this issue reveals less about finance than about attitude. They have the money. They don’t use it for autopsies because they don’t value autopsies. The hospitals that do — teaching hospitals like New York’s Mount Sinai; Dartmouth-Hitchcock Medical Center, in Lebanon, N.H.; and Baylor University Medical Center, in Dallas — manage to absorb the costs. Their lobbies may not be as nice. But they have a much better idea where their errors are. ”People sometimes ask me how good a hospital is,” Lundberg says. ”With most hospitals, the answer is that no one knows — because the hospital has no way to know how many and what kinds of mistakes they make.”

    Another oft-cited inhibitor is doctors’ fears of being sued if an autopsy finds error. Research shows no link between autopsies and increased tendencies to sue. Patient families say this is because doctors increase trust by asking for an autopsy and encourage suspicion and acrimony when they don’t request one.

    Doctors seem to overestimate families’ resistance to autopsies. In one survey of doctors and families of seriously ill patients, 89 percent of the physicians said they planned to request autopsies and two-thirds of the families said they would probably grant permission. ”But only 23 percent of them actually got autopsied,” says Dr. Elizabeth Burton, a pathologist and autopsy advocate at Baylor who was one of the study’s authors. ”Why? We went back and asked the families. Many were never asked. Among those who were, the biggest deciding factor was how strongly the doctor recommended it. If the doctor showed conviction and a good reason, the families almost always went for it.”

    Some families do object, of course, and variations on the refrain of Schiller’s siblings, ”Let her rest,” have answered many an autopsy request. But if the doctor persists and wins approval, the family often gains a welcome sense of resolution. An extreme example of how a post-mortem is expected to resolve troubling questions surfaced in the case of Terri Schiavo; an autopsy should reveal far more precisely the extent of her brain damage, resolving whether she was truly vegetative, with only her brain stem functioning, as most doctors believed, or even minimally conscious, aware and responsive, as her parents believed. (The Pinellas County medical examiner’s office in Florida had not released the results of the Schiavo autopsy as this article was going to press.) More commonly, results clarify family health issues. People who go through a miscarriage or parents whose children have died seem to especially benefit. Tracing death to a particular cause seems to ease anguish about things done or not done. Yet few doctors regularly ask to perform the post-mortem.

    Perhaps the most troubling reason for the decline of the autopsy is the overconfidence that doctors — and patients — have in M.R.I.’s and other high-tech diagnostic technologies. Bill Pellan of the Pinellas County medical examiner’s office says: ”We get this all the time. The doctor will get our report and call and say: ‘But there can’t be a lacerated aorta. We did a whole set of scans.’ We have to remind him we held the heart in our hands.” In fact, advanced diagnostic tools do miss critical problems and actually produce more false-negative diagnoses than older methods, probably because doctors accept results too readily. One study of diagnostic errors made from 1959 to 1989 (the period that brought us CAT scans, M.R.I.’s and many other high-tech diagnostics) found that while false-positive diagnoses remained about 10 percent during that time, false-negative diagnoses — that is, when a condition is erroneously ruled out — rose from 24 percent to 34 percent. Another study found that errors occur at the same rate regardless of whether sophisticated diagnostic tools are used. Yet doctors routinely dismiss possible diagnoses because high-tech tools show negative results. One of my own family doctors told me that he rarely asks for an autopsy because ”with M.R.I.’s and CAT scans and everything else, we usually know why they died.”

    This sense of omniscience, Lundberg says, is part of ”a vast cultural delusion.” At his most incensed, Lundberg says he feels that his fellow doctors simply don’t want to face their own fallibility. But Lundberg’s indictment is even broader. The autopsy’s decline reflects not just individual arrogance, but also the general state of health care: the increasing distance and unease between doctors and patients and their families, a pervasive fear of lawsuits, our denial of age and death and, especially, our credulous infatuation with technology. Our doctors’ overconfidence, less bigheaded than blithe, is part of the medicine we’ve come to expect.

    Recently I stood in the autopsy room of a large teaching hospital waiting for a body to be brought up from the morgue. The young pathologist who would be overseeing the autopsy told me what little he knew of the morning’s patient. The middle-aged man had come to an emergency room suffering seizures. A CAT scan of his head showed a lesion, possibly a tumor, in his left frontal lobe. He initially refused a biopsy, saying that he might seek a second opinion. The emergency-room doctor, worried about pressure in the patient’s skull if the mass expanded, put him on anti-inflammatory steroids and sent him home. Sometime later the man came in again with stronger and more persistent seizures. Despite efforts to ease pressure in his skull, he progressed from seizures to a coma and died. Midmorning the day after that he was on a gurney on his way to the autopsy room. The man was not overweight and had no known history of serious illness. His main compromising factors were that he was an ex-drug user and a smoker. ”The drug use would suggest infection,” the pathologist said. ”The smoking, obviously, cancer.”

    So what killed him?

    ”Most likely he herniated,” the pathologist said. ”Things got too tight in his skull from whatever this growth was, and the pressure builds and finally it pushes the base of the brain down through the opening where the spinal cord enters the skull. That fits with the way he died. But even if that’s right, we still don’t know what the lesion is.” At this point we heard the rumbling of wheels, and the autopsy assistant pushed a gurney covered with a canvas tent into the room. ”We’ll know more soon,” the pathologist said.

    He stepped out to get gowned up, and I went in to watch the assistant prepare things. By then the canvas tent was removed to reveal a body wrapped in sheets. The assistant worked efficiently but with a calm, understated respect. With no more force than necessary, he pulled the body from the gurney onto the autopsy table and unwrapped it. The patient appeared to be thinking: his eyes, slightly open, stared dreamily at the ceiling.

    In addition to the pathologist, the assistant and a pathology resident, who would do the actual knife work, eight others attended, including a fourth-year medical student, two residents, three neuropathologists and a cardiac pathologist who had just dissected another patient’s heart and lingered to see how the brain case played out. As people milled and talked, the assistant sank a scalpel into the flesh behind the man’s ear and began cutting a high arc behind the rear crown of the skull. When he reached the other ear, he pulled the scalp’s flesh away from the skull a bit, crimped a towel over the front edge of the opening he had made and, using it for grip, pulled the scalp forward over the man’s head. When he was done, the man’s skull lay completely exposed and his inside-out scalp covered his face down to his mouth. Now a neuropathologist, wielding the skull saw (like a cordless kitchen mixer with a rotary blade), carefully cut a big oval in the rear and top of the man’s skull. He then used a hammer and chisel to tap around the seam. Finally he tapped the chisel in at the top of the cut and pried. With a sucking sound the skullcap pulled away.

    The brain looked unexpectedly smooth. ”That’s the swelling,” the neuropathologist said. ”The convolutions usually show much more plainly.” He gently pulled back the frontal lobe and slipped scissors behind the eyes to snip the optical nerves, then the carotid arteries and finally the spinal cord itself. Then he gently removed the brain and set it upside down on a table.

    Even my untrained eyes could tell things weren’t quite right: the left hemisphere was swollen. The growth in the left frontal lobe, less a lump than a slightly raised oval area about an inch long, was paler, yellower, firmer and more granular than the pinkish-tan tissue surrounding it. ”Could be a tumor,” the neuropathologist said. ”Could be an infection. We’ll know more in a few days.” Similar lesions were eventually identified on both sides of the brain.

    With a pair of scissors, he pointed at a bulbous area around the brain stem. ”Here’s the herniation. See how it protrudes? That’s where it got pushed down through the opening where the spinal cord comes through. That’s the medulla that pushed through, which, among other things, controls the heart and breathing. That’s just not consistent with life.”

    He clipped a few samples from the lesion, and with that he was largely done. The assistant, meanwhile, worked on, and with the brain exam finished, the pathologist soon joined him. They extracted meaty lungs and a big liver. Pus oozed out when the trachea was cut. All this suggested systemic infection. ”At this point, I’d call it an even toss between infection and tumor,” the pathologist said. ”If he tests positive for H.I.V., my money goes on infection.”

    This initial exam of the organs took some 15 minutes. When they finished, the group spent another hour dissecting the organs. The exercise was now more educational than diagnostic, but the pathologist showed no sign of routine-induced boredom; on the contrary, he clearly enjoyed showing the residents the hidden adrenal glands, the chest-wall vessels sometimes used for coronary bypasses and the vagus nerve’s lacy, laddered course through the chest.

    The full results would take several more days to come in. But they knew by the next day that the patient was H.I.V.-positive, and by the second day that the mass was not cancerous but an infection found mainly in immunocompromised patients like this one.

    These findings had multilayered implications. That the man had H.I.V., for instance, would presumably mean something to any of his sexual partners. (Many states require the primary physician to contact sexual partners in such cases.) The rest of his family might find some relief in knowing that there was no tumor and that their own cancer risk was thus not raised. Beyond that, the case’s main epidemiological significance was its addition to evidence that infections form an ever-growing but oft-overlooked cause of death — another small correction in our assessment of what kills us. And that makes for better doctors. ”You don’t learn these things all at once,” the pathologist said. ”You learn a lot all at once in med school, sure. But after that, you become a better doctor by learning a little bit at a time. Incremental adjustments. That’s what makes us better doctors. And this is the place you learn them better than anywhere else.”

    When a believer is in the full flush of describing autopsy’s gifts, when you witness how quickly and effectively the procedure delivers them, it’s easy to think that the autopsy will make a comeback. How could it not? At a time when medicine takes continuous fire regarding errors — politicians and patient advocates outraged at studies showing that 100,000 Americans die each year from medical errors, tort lawyers chasing mistakes on which to hang huge judgments, malpractice rates jumping at triple-digit rates — how can medicine ignore an instrument proven to detect error?

    Yet it does. Other than hoping for a long shot, like Medicare or the Joint Commission on Accreditation of Healthcare setting autopsy-rate requirements, there is seemingly no quick return to routine autopsies. ”We just have to do this one hospital at a time,” says Dr. Pat Lento, head of the autopsy service at Mount Sinai in New York. But most hospitals have no plans to revive the autopsy. And while physician organizations like the A.M.A. generally support the autopsy, most doctors don’t avail themselves of it. The sad truth is that most of medicine seems to have relegated the post-mortem to a cabinet of archaic tools, as if the body’s direct lessons no longer matter. In the end, the autopsy’s troubles resemble those in a medical case in which the causes stand clear and a cure stands ready, but the patient doesn’t take things seriously enough to pursue the fix.


    Toward the end of the autopsy I saw of the man who died from an ignored infection, someone asked the assistant if he could really put him back together for a funeral. It was almost 2 p.m. and the man was in pieces. His torso was a big red bowl formed by his back ribs, his skin hung splayed on either side and his scalp was stretched inside-out over his face. The assistant smiled and said, ”Oh, sure.” The pathologist added: ”Absolutely! This guy could go to his wake tonight.”

    And so it was. Unlike most things, an autopsied body can be put back together far more easily than it can be taken apart. It took less than half an hour to replace the breastplate and sew up the man’s torso; if he had a suit, it would fit as before and hide all. The skull cap all but snapped into place. The assistant rolled the man’s scalp back over his head and started to suture it up. When he was done, our patient looked pretty good indeed. It was remarkable, actually, after all we had found about what ailed him, that he should still gaze at the ceiling, unchanged and none the wiser.

    David Dobbs, who writes regularly on science, is the author of ”Reef Madness: Charles Darwin, Alexander Agassiz and the Meaning of Coral.”

    Copyright 2005 The New York Times Company | Home | Privacy Policy | Search | Corrections | RSS | Help | Back to Top


  • DRIVING
    The Workingman’s Ferrari
    By GEORGE P. BLUMBERG

    FOR car aficionados, the name Ferrari evokes exotic styling, supercar performance and a rare exclusivity epitomized by a snarling exhaust, the Prancing Horse symbol and a stratospheric price tag.

    There are only 17,000 Ferraris in the United States, said Maurizio Parlato, the chief executive of Ferrari North America, and last year only about 1,400 new ones were sold here. The cost of the lowest-priced new model, the F430, hovers at about $180,000, and vintage models can fetch prices in the millions. “The typical Ferrari buyer has a minimum household income of $500,000 to $800,000,” Mr. Parlato said.

    But there is another group of Ferrari owners, people who don’t have megabuck incomes or boardroom seats. With patience and persistence, they seek out used Ferraris – distinct from the vintage variety – 20 to 40 years old. And they buy them for as little as $20,000.

    “There are new Ferraris, rare vintage Ferraris – and Ferrari used cars,” said Wayne Carini, who owns F40 Motorsports in Portland, Conn., where he repairs and restores Ferraris and advises Ferrari seekers. “The used-car Ferraris don’t have a racing history and are not the rare ones,” he said. “But they’re Ferraris.”

    There are those who contend that any Ferrari is a mechanical marvel and a work of art, some just more so than others. David Letterman, a Ferrari fan and owner, summed up the appeal in a telephone interview. “Why Ferraris? Because they’re so ridiculous,” he said. “It’s a visceral response. They’re beautiful, sensual. They smell great: the leather and the smell of the oil they inevitably leak. The sounds of the engine, exhaust and transmission are just so mechanically obvious. And who needs a car that can do 180? They’re fabulous.”

    From another corner of the of the great fraternity of Ferraristi, Art Suckewer, 34, an engineer from Franklin Park, N.J., agrees. The 1965 model he bought for about $25,000 in 1997 is, he said, “artwork on wheels.”

    Although the Ferrari signature engine is a V-12, there have been models with four, six and eight cylinders. “Generally, the eight-cylinder cars of the mid-70′s to the late-80′s are very affordable,” Mr. Carini said. These include the 308, the 328 and the Mondial.

    For many who venerate Ferraris, only 12 cylinders will do. But even for them, there are used cars to buy. Mr. Carini identified some “affordable 12′s”: the mid-60′s 330 GT 2+2, which is the model Mr. Suckewer owns; the four-seater 400i built from 1979 to 1984; and the 412 from the late 1980′s.

    “I wanted a 12-cylinder Ferrari from the Enzo Ferrari era, before the Fiat merger in 1969,” Mr. Suckewer said. He bought his, metallic blue with a tan interior, in 1997. “It’s no show car,” he said, but “the sight of it makes me smile.”

    The car, with about 65,000 miles now on the odometer, is one of 1,099 that were made. It has the same basic mechanical underpinnings as exotic Ferraris like the Superfast coupe of 1964 to 1966, of which 36 were produced, and which today can sell for $400,000. (Mr. Letterman owns one of those.)

    Mr. Suckewer has spent thousands on his car. He budgets about $1,500 a year for regular maintenance – tuning, oil changes and other minor matters. But he said, “I have to budget $5,000 for restorative work every other year,” and after the restorations, “I wouldn’t take less than $65,000 for it.”

    GLEN PITRUZELLO, 37, of Middlefield, Conn., is another 12-cylinder diehard. “The V-12 is the essence of Ferrari,” he said. Mr. Carini showed him used Ferrari V-8′s for years, but they wouldn’t do. Then, driving home one day this year after having a root canal, Mr. Pitruzello swung by Mr. Carini’s shop and found that the right V-12 had come in: a 330 GT 2+2 from 1964, with four headlights, rarer than two-headlight models. “I bought it for $32,000 on the spot,” Mr. Pitruzello said.

    “The 2+2 cars are overlooked gems with racecar engineering technology but without the premium,” he said. His is red, shows 60,000 kilometers (37,000 miles) on the odometer and has a worn black leather interior and a couple of rust spots. “I’ll replace little things as I go along,” Mr. Pitruzello said. Asked about maintenance, he laughed. “I don’t plan on piling lots of miles on,” he said. “We’ll drive it on weekends and take the family to get ice cream.”

    Service costs are an issue.

    “The major service for a V-12 each 15,000 miles can be between $5,000 to $9,000,” said Gerald Roush, publisher of the Ferrari Market Letter, which tracks asking prices. “You can buy a model 400 2+2 V-12 for $25,000 to $45,000. How do you justify that service for a $25,000 car?”

    He suggests: “Don’t buy the Ferrari as an investment but as something to be enjoyed. It’s a used car.”

    On the plus side, a used Ferrari usually has low mileage, said Dave Friar, 56, a West Hartford, Conn., architect and former Porschephile who became a Ferrari owner eight years ago with his wife, Fiona. They now have three, and he is a director of the New England chapter of the Ferrari Club of America. “People tend to drive them 3,000 miles a year or so,” he said, and for him, at least, maintenance costs are part of the reason. “Major service is five years or 15,000 miles, and on some models the engines have to be pulled out to change components,” he said. “After a major service, I rotate driving my cars. I couldn’t afford two major services in one year.”

    Not everyone is quite so conservative. Christian and Anna Scott of Chester, N.H., drove their 1980 308 GTBi, an eight-cylinder model, well beyond the average. After Mr. Scott, 30, “built a Ferrari library all through college” and “borrowed through the family bank” to buy his car for $20,000 in 1999, he wasn’t willing to let it sit in the garage. “We put 12,000 miles on that car in two years,” he said. “It was dead reliable and a joy to drive.” He defrayed his servicing costs by helping the mechanic with labor. The Scotts sold the car in 2002 to finance a house purchase, but they still run the state chapter of the Ferrari Club. “As long as you share the passion, you’re accepted,” Mr. Scott said.

    Phil Tripoli, 55, an engineer in Redondo Beach, Calif., is another fan who was imprinted with Ferrari at a young age. “What started me were the car trading cards that came with bubble gum when I was a kid,” he said. He was 24 when he bought his first Ferrari, a 1960 model 250 GT Cabriolet, spending even his rent money. “Some friends had a garage, and I slept next to the car in a sleeping bag,” he said. Now he owns a 1986 412m four-seater that he bought a year ago for $39,000. “Off the showroom floor, a Ferrari is better than any modified performance car,” he said. “The V-12 makes a sound like nothing else.”

    Finding the right used Ferrari involves a lot of variables. Factors that affect a model’s value can include aesthetics, engine type, body designer, numbers produced and racing history. “In general,” Mr. Carini said, “the 2+2 cars cost less than the two-seaters, closed cars less than the open.” But there are many exceptions. “I have a rule called Roush’s rule of racecars,” Mr. Roush of the Ferrari Market Letter said with a laugh. “The more a Ferrari looks like a racecar, the more it will cost.” It might also help if the car looks like the one Tom Selleck drove in “Magnum P.I.,” the 1980′s television series. Magnum had a red Ferrari 308GTS. “That car represented Ferrari to a whole group of fans,” said Mr. Parlato, the Ferrari executive.

    Mike Simonetta of Wethersfield, Conn., 35, was one of them. “I never missed a ‘Magnum’ episode,” he said, and in April 2000 he bought a Ferrari like Magnum’s: a 1985 red 308GTSi, with 12,000 miles, for $33,000.

    “It was a cool show,” Mr. Simonetta said. “And the car was the coolest. It was Ferrari for me.”

    Copyright 2005 The New York Times Company | Home | Privacy Policy | Search | Corrections | RSS | Help | Back to Top


  • Bob Herbert

    April 25, 2005
    OP-ED COLUMNIST
    The Agony of War
    By BOB HERBERT

    Nothing is so beautiful and wonderful, nothing is so continually fresh and surprising, so full of sweet and perpetual ecstasy, as the good.” — Simone Weil

    “There’s no doubt in my mind that the good Lord has his hands full right now.” — The Rev. Ted Oswald at the funeral Mass for Marla Ruzicka

    In a horrifying incident that occurred in the spring of 2003, an Iraqi woman threw two of her children, an infant and a toddler, out the window of a car that had been hit accidentally in an American rocket attack. The woman and the rest of her family perished in the black smoke and flames of the wreckage. The toddler, whose name was Zahraa, was severely burned. She died two weeks later.

    The infant, named Harah, was not badly hurt. She was photographed recently on the lap of Marla Ruzicka, a young humanitarian-aid worker from California who was herself killed a little over a week ago in the flaming wreckage of a car that was destroyed in a suicide bomb attack in Baghdad.

    The vast amount of suffering and death endured by civilians as a result of the U.S.-led invasion of Iraq has, for the most part, been carefully kept out of the consciousness of the average American. I can’t think of anything the Bush administration would like to talk about less. You can’t put a positive spin on dead children.

    As for the press, it has better things to cover than the suffering of civilians in war. The aversion to this topic is at the opposite extreme from the ecstatic journalistic embrace of the death of one pope and the election of another, and the media’s manic obsession with the comings and goings of Martha, Jacko, et al.

    There’s been hardly any media interest in the unrelieved agony of tens of thousands of innocent civilians in Iraq. It’s an ugly subject, and the idea has taken hold that Americans need to be protected from stories or images of the war that might be disturbing. As a nation we can wage war, but we don’t want the public to be too upset by it.

    So the public doesn’t even hear about the American bombs that fall mistakenly on the homes of innocent civilians, wiping out entire families. We hear very little about the frequent instances of jittery soldiers opening fire indiscriminately, killing and wounding men, women and children who were never a threat in the first place. We don’t hear much about the many children who, for one reason or another, are shot, burned or blown to eternity by our forces in the name of peace and freedom.

    Out of sight, out of mind.

    This stunning lack of interest in the toll the war has taken on civilians is one of the reasons Ms. Ruzicka, who was just 28 when she died, felt compelled to try to personally document as much of the suffering as she could. At times she would go from door to door in the most dangerous areas, taking down information about civilians who had been killed or wounded. She believed fiercely that Americans needed to know about the terrible pain the war was inflicting, and that we had an obligation to do everything possible to mitigate it.

    Her ultimate goal, which Senator Patrick Leahy of Vermont is pursuing, was to establish a U.S. government office, perhaps in the State Department, to document the civilian casualties of American military operations. That information would then be publicly reported. Compensation would be provided for victims and their families, and the data would be studied in an effort to minimize civilian casualties in future operations.

    War is always about sorrow and the deepest suffering. Nitwits try to dress it up in the finery of half-baked rationalizations, but the reality is always wanton bloodshed, rotting flesh and the lifelong trauma of those who are physically or psychically maimed.

    More than 600 people attended Ms. Ruzicka’s funeral on Saturday in her hometown of Lakeport, Calif. Among them was Bobby Muller, chairman of the Vietnam Veterans of America Foundation. A former Marine lieutenant, he knows something about the agony of war. His spinal cord was severed when he was shot in the back in Vietnam.

    He told the mourners: “Marla demonstrated that an individual can make a profound difference in this world. Her life was dedicated to innocent victims of conflict, exactly what she ended up being.”

    E-mail:bobherb@nytimes.com

    Copyright 2005 The New York Times Company | Home | Privacy Policy | Search | Corrections | RSS | Help | Back to Top


  • Pool photo by Eric Neitzel

    Debbie Rowe, right, leaves court in Santa Maria, Calif., on Wednesday. She was married to Michael Jackson for three years.

    Jackson’s Ex-Wife Says She Praised Him as Part of Deal
    By JOHN M. BRODER

    SANTA MARIA, Calif., April 27 – Michael Jackson’s ex-wife, the mother of two of his three children, testified at his molesting trial on Wednesday that she had made a videotape praising Mr. Jackson to help repair his image after the broadcast of a documentary in which he admitted sharing his bed with young boys.

    Debbie Rowe, who was married to Mr. Jackson for three years before they divorced in 1999, said she sat for a nine-hour videotaped interview in February 2003 after being told that by doing so she would be allowed to see Mr. Jackson and their two children, Prince Michael, now 8, and Paris, now 7. Ms. Rowe, a prosecution witness, said that she had not seen any of them in several years and that the promised reunion never occurred.

    Ms. Rowe said Mr. Jackson had asked her in a telephone conversation to make the videotape because the documentary was “full of lies” about his relations with children. She said the phone call had been arranged by several associates of Mr. Jackson who are named as unindicted co-conspirators in the 10-count indictment of Mr. Jackson.

    Her testimony was the first to link Mr. Jackson directly to the men who, prosecutors contend, conspired to kidnap the family of the boy, now 15, who has accused Mr. Jackson of molesting him and to force them to make a videotape attesting to his character.

    Mr. Jackson is charged with four counts of child molesting, one count of attempted child molesting and four counts of giving alcohol to a minor to aid in sexual abuse, in addition to the conspiracy count.

    Ms. Rowe said that though she was married to Mr. Jackson and bore two children by him, she never lived with them. She received limited visits with the children after the divorce and later gave up all parental rights. She is currently fighting in court to have her visiting rights restored.

    Ms. Rowe had been an assistant to Mr. Jackson’s dermatologist and said she had known Mr. Jackson for more than 20 years. She smiled at the defendant several times during her 40 minutes on the stand on Wednesday. Her testimony is expected to continue on Thursday.

    Ms. Rowe said she had been happy to participate in the videotaped interview because she had been led to believe it would bring her back in contact with her children. She insisted that the interview, conducted by Mr. Jackson’s associates, had not been scripted and that she had not seen any of the questions in advance.

    “I was excited to see Michael and the children,” she said, her voice cracking with emotion, “to be reintroduced to them and to be reacquainted with their dad.”

    She added, “He’s my friend.”

    Near the end of the day’s testimony, Ms. Rowe said she had given some untruthful answers during the taped interview. Mr. Jackson’s lead lawyer, Thomas A. Mesereau Jr., repeatedly objected when Ronald J. Zonen, the assistant district attorney handling the questioning of Ms. Rowe, tried to establish which of her answers were false. But just before the day’s testimony ended, she said she gave untruthful answers to questions about her opinion of Mr. Jackson’s fitness as a parent.

    Prosecutors are expected to pursue this line of questioning on Thursday and to show excerpts from the videotaped interview.

    Earlier on Wednesday, Judge Rodney S. Melville of Santa Barbara County Superior Court denied a request by the defense to declare a mistrial on the basis of what one of Mr. Jackson’s lawyers called prosecutorial misconduct. Out of the presence of the jury, the lawyer, Robert M. Sanger, said in his motion that Gordon Auchincloss, a senior deputy district attorney, had raised issues in his questioning of Mr. Jackson’s personal filmmaker, Hamid Moslehi, that the judge had earlier ruled out of bounds.

    Mr. Auchincloss had questioned Mr. Moslehi about his filming of a Jackson interview conducted by Martin Bashir, a British journalist, and had used the words “sleeping with boys” in a reference to Mr. Jackson’s activities.

    Though the judge agreed that the wording should not have been used, he denied the request for a mistrial.


    Nick Madigan contributed reporting for this article.

    Copyright 2005 The New York Times Company | Home | Privacy Policy | Search | Corrections | RSS | Help | Back to Top