The Michigan Daily - michigandaily.com

Monday, January 12, 2009 - 7A

Peanut butter recalled
after salmonella found

SHREDDING IN THE ARB

Lab tests show
bacteria in 5-pound
tub of King Nut
peanut butter
COLUMBUS, Ohio (AP) -
An Ohio distributor says it has
recalled two brands of its peanut
butter after an open container
tested positive for salmonella
bacteria.
Federal health officials said
the company's peanut butter had
not been conclusively linked to a
national salmonella outbreak.
King Nut Companies said in a
statement that it asked custom-
ers to stop distributing all peanut
butter under its King Nut and
Parnell's Pride brands with a lot
code that begins with the numer-
al9"8.")
The peanut butter was distrib-
uted only through food service
providers in Ohio, Michigan,
North Dakota, Minnesota, Arizo-
na, Idaho, New Hampshire, Mas-
sachusetts and Florida. It was not
sold directly to consumers.
Preliminary laboratory test-
ing found salmonella bacteria in
a 5-pound container of King Nut
brand creamy peanut butter, the
i Minnesota Department of Health
said Friday.
The Minnesota tests had not
linked it to the type of salmonella
in the outbreak that has sickened
almost 400 people in 42 states,
but the department said addition-
al results are expected early next
MOTT
From Page 1A

week.
The federal Food and Drug
Administration also is analyzing
samples of peanut butter from
King Nut and Peanut Corporation,
spokeswoman Stephanie Kwisnek
said Sunday. The agency has not
conclusively linked the peanut
butter to the strain of salmonella
that has sickened people in the
outbreak, she said.
King Nut's president, Mar-
tin Kanan, said Sunday that the
recall involved approximately
1,000 cases of peanut butter. He
said he did not know the names of
the company's customers, but he
planned to release more details
Monday.
"We don't know exactly where
they sell to," Kanan said. "They
could sell cross-state, too."
"We just want everybody to
know that safety is our highest
priority," Kanan said. "We ,just
wanted to recall it right away."
King Nut, based in Solon, Ohio,
said it canceled all orders with the
manufacturer of its two peanut
butter brands, Peanut Corpora-
tion of America, based in Lynch-
burg, Va.
Peanut Corporation said in
a statement posted on its Web
site that it is working with fed-
eral food and health officials to
determine whether its products
are connected to the national out-
break. PCA does not sell its prod-
ucts at grocery stores or directly
to the public.
The Lynchburg company said
the tainted container was found
in the kitchen of a nursing facil-

ity, leaving it open to the possibil-
ity of cross-contamination from
another source. The company did
not say where the nursing facility
was located or when the contami-
nated product was discovered.
Peanut Corporation's owner
and president, Stewart Parnell,
declined to comment further on
Sunday until the FDA and the U.S.
Centers for Disease Control and
Prevention complete their inves-
tigation.
CDC spokeswoman Berna-
dette Burden said Sunday that
she had no new information on
the case and did not know when
additional test results would be
available.
The CDC said Friday that 399
cases had been confirmed nation-
ally, with about one in five of vic-
tims hospitalized. California has
reported the most cases, with 55,
followed by Ohio with 53. All the
illnesses began between Sept. 3
and Dec. 29, but most of the peo-
ple grew sick after Oct. 1.
The CDC has not confirmed
any deaths associated with the
outbreak.
The report of peanut butter
contamination comes almost two
years after ConAgra recalled its
Peter Pan brand peanut butter,
which was eventually linked to
at least 625 salmonella cases in 47
states.
CDC officials say the bacte-
ria in the current outbreak has
been genetically fingerprinted as
the Typhimurium type, which is
among the most common sources
of salmonella food poisoning.

Michael Locher, an Engineering sophomore, flies off a self-made ramp of snow as he snowboards in the Arb yesterday
Supreme Court will consider
case on right to a speedy trial


stories fo
ries for in
is expecti
Mott i

to offer temporary heart and lung broader h
assistance therapy. said the
While Mott was recognized for expand c
being among the best children's in additic
hospitals, it is continuing to grow dren.
by adding anew 1.1 million-square- The to
foot Children's and Women's Hos- $754 mill
pital. The facility will include nine the hosp
on Dec.
MONROE STREET three-ste
From Page 1A versity m
City Cou
law student Ryan Fuoss, who the propo
lives close to the Law Quad, said hearing t
he thinks the proposal would be the City
 helpful for pedestrians. will mak
"It will be very convenient," City Coun
Fuoss said. "Once the new build- decision
ing is up, a lot of law students At the
will be walking between the some peo
buildings." sion abou
A neighborhood meeting held the inters
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r clinic space and 12 sto-
patient care. The hospital
ed to open in fall 2012.
s part of the University's
ealth system and Warner
new facility is one way to
apacity for adult services
on to services for chil-
tal cost for the project is
ion, $75 million of which
ital committed to raise
2 was the first of the
p process that the Uni-
ust undergo in order for
ncil to reach a decision on
sal. After a formal public
o be held at a later date,
Planning Commission
ke a recommendation to
ncil, at which time a final
will be made.
neighborhood meeting,
ple expressed apprehen-
t the proposal's effects on
section of Hill Street and

from donations. Thus far, $51 mil-
lion has been raised.
"We are looking forward to
having new facilities where we
can continue to improve patient
care for children," Warner said. "I
think the fact that we are ranked
as highly as we are demonstrates
the important resource our chil-
dren's program provides to chil-
dren in the state of Michigan and
all over the world."
Tappan Avenue, as well as other
nearby intersections nearby.
Kosteva said in considering
the project the University hired
a traffic consultant who told the
University that the construction
of the pedestrian mall wouldn't
significantly impede traffic flow
in the area.
In an interview last night, Ann
Arbor Mayor John Hieftje said
he has no opinion on the Univer-
sity's proposal because it's still
up in the air.

States fear case
could let criminals
'game the system'
BENNINGTON, Vt. (AP) - After
he was charged with hitting his girl-
friend in the face, career criminal
Michael Brillon sat in jail without
bail for nearly three years, going
through six public defenders before
beingtried for assault.
The delays paid off - for Brillon:
A Vermont court threw out his con-
viction and freed him from prison
last spring, saying his Sixth Amend-
ment right to a speedy trial had been
violated.
Now, the U.S. Supreme Court is
taking up the case this week, trying
to decide if delays caused by public
defenders can deprive a criminal
defendant of that right. In particu-
lar: Whether governments can be
blamed for such delays since they're
the ones who assign and p y the
lawyers for indigent defendants.
Forty states and 15 organiza-
tions - state governments, county
governments, the U.S. Conference
of Mayors, a victim's rights' group
- arebacking the Vermont prosecu-
tor's appeal of the ruling, worried
that if it stands criminal suspects
will try to game the system and get
the result Brillon did.
"You're greasing that slippery
slope," said David Parkhurst, an

attorney with the National Gov-
ernors Association, which filed a
friend-of-the-court brief in support
of the prosecutor's appeal. "That's
the big concern here."
Brillon, a 46-year-old construc-
tion worker whose criminal past
includes convictions for sexual
assault on a minor, felony obstruc-
tion of justice and cocaine posses-
sion, was charged with aggravated
domestic assault over the 2001 inci-
dent with his girlfriend, who was
the mother of his child.
Held withoutbail, his case inched
along as lawyer after lawyer asked
for postponements and eventually
withdrew or was replaced at Bril-
lon's request.
The first got an evidentiary hear-
ing postponed because he was mov-
ing his law practice. He was fired by
Brillon, who claimed the lawyer had
failed to communicate with him.
The second reported a conflict
of interest that prevented him from
contining - a day after he'd been
appointed.
The third quitaftertelling a judge
Brillon threatened his life during a
break in a hearing.
Brillon fired the fourth, and the
fifth quit, citing changes to his con-
tract with the state public defender's
office.
The sixth took the case to trial in
2004, whenfBrillonwas convictedand
sentenced to 12 to 20 years in prison
because he was a habitual offender

with three prior felony convictions.
However, Brillon appealed on the
speedy trial claim, and the Vermont
Supreme Court ruled in hisfavor, say-
ing the delays were the fault of the
state. The ruling outraged victim's
rights' advocates and others, both
because Brillon was freed and for fear
that other suspects would take his
cue, hopingfor asimilar outcome.
"The motivation would certainly
be there," said Erica Marthage, one
of the Vermont prosecutors who
will appear at Tuesday's oral argu-
ment before the Supreme Court in
Washington.
Brillon's current lawyer, whose
position has been buttressed by
friend-of-the-court briefs by the
National Association of Criminal
Defense Lawyers and the American
Civil Liberties Union, acknowledg-
es that Brillon had a role in some of
the delays.
Still, says attorney William Nel-
son, the criminal justice system is
primarily responsible.
Brillon was without any appoint-
ed counsel at all for six months and
was held without bail for nearly
three years, despite telling judgeshe
wanted to go to trial, Nelson said.
The U.S. Solicitor General, repre-
senting the federal government, has
filed a brief denouncing the Vermont
ruling and is seeking permission to
use 10 minutes of prosecutor Christi-
na Rainville's allotted 30-minute oral
argument to make the case.


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For Tuesday, Jan. 13, 2009
A RIlES
(March 21to April 19)
Think of ways you can improve your
health today. This is an excellent day to
come up with these ideas, especially in
erns of getting more exercise or eating
healthier.
TA URUS
(April 20 to May 20)
If you're involved in sports, you might
ee a better way of doing things today.
Similarly, if you take care of or work
with children, you can also come up with
ome bright ideas for how to do a better
job. -
GEMINI
(May 21 to June 20)
Discussions with parents and family
nembers are significant today. Do some-
hing to reduce the clutter where you
ive. Get rid of or recycle what you don't
reed.
CANCER
(June 21 to July 22)
You're unusually convincing today. If
rou act, teach, sell, market or write,
ou're hot! Woo, woo!
LEO
(July 23 to Aug. 22)
Sorie of you can see new sources of
ncome or new ways of making money,
>erhaps on the side. You might also see
rew uses for something you already
>wn.
VIRGO
(Aug. 23 to Sept. 22)
Look in the mirror and ask yourself
tow you can improve your image. After
all, you never get a second chance to
nake a first impression.
L IBRA
(Sept. 23 to Oct. 22)
Secrets might come to you today. If
you're doing any kind of research, you
will likely be successful in getting infor-
nation that you seek.

SCORPIO
(Oct. 23 to Nov. 21)
Discussions with friends and members
of groups are powerful today. Someone
is eager to introduce reforms: Give this
some serious thought.
SAGITTARIUS
(Nov. 22to Dec. 21)
Advice from a boss, parent, teacher or
someone in a position of authority is
worth . your consideration today.
Whatever someone tells you now could
actually improve your reputation with
others.
CAPRICORN
(Dec. 22 to Jan. 19)
You have a good chance to see some-
thing from another point of view today.
In discussions about politics, racial
issues or religion, you might be able to
get a better grasp on where others are
coming from.
AQUARIUS
(Jan. 20to Feb. 18)
Youre full of resourceful ideas today!
You might see entirely new uses for
existing items that you share with some-
one else.
PISCES
(Feb. 19 to March 20)
Discussions with partners can be pro-
ductive today. Both parties want to make
improvements to the relationship. Hey
- the motivation to make things better
is half the battle. (I'm sure you agree.)
YOU BORN TODAY You're hard-
working and very determined. You have
a disciplined mind, and you know how
to make the most of your talents. You're
practical, but it is your social charm that
will carry you far. Give yourself enough
solitude this year to learn or study some-
thing important. This learning curve
could be important, because next year
you face a big change.
Birthdate oft Orlando Bloom, actor;
Patrick Dempsey, actor; Julia Louis-
Dreyfus, actress.

READER
KNOWS,
BEST.
Vote for the
Best of Ann Arbor
before January 23
on our web site.
michigandaily.com/aabest

p