CNN/Money reports,

A first: Lincoln hybrid costs the same as a gas-only car

Really? The cost is the same? Or do they mean retail price? And I’m not just nitpicking here. Ostensibly, CNN/Money is a financial news service and one might reasonably make the presumption that a financial news organization would be in tune with costs versus retail price.

But let’s dig further.

The sticker price will be $35,180 — exactly the same as the non-hybrid version of the car.

So it is retail price, not necessarily “cost”. Ok, cleared that one. It’s just the headline which is stupid. Or is it?

Hybrid cars generally cost considerably more than non-hybrid versions of the same car. In many cases the extra cost of the car can cancel out what the owner saves on gas.

Over the years here we’ve been down this road so many times that I would think most news organs would just avoid this. Yet, here it is again. The old trope that hybrids cost so much more than “regular” cars. Not true and not true.

The rest of the article isn’t much better. It’s basically press release and some mindless rumblings from, oh god save me, an analyst.

Here’s my take on it. Ford probably makes a decent amount on the MKZ. If not, they’d be GM. So the idea that they’re giving a few points in profit to price these cars equivalently isn’t a big deal. In fact, said analyst says,

It’s not unheard of for a hybrid and non-hybrid versions of a car to be priced close to one another, Toprak said, but not exactly the same and not in the luxury market.

So aside from refuting the earlier part of their story, this analyst says something I don’t get at all. While it may not be standard practice in the luxury market, that sector is the one that can most easily absorb this kind of strategy because of the higher retail prices and the larger profit margins. That’s kind of obvious, no?

I guess not.

Or, search for “What Drives Us” on iTunes and subscribe there. Subscribers on iTunes get updated before anyone else.

Awesome all EV episode this week.

And please, tell a friend.

Motor Trend reports that this is the Prius “Alpha” and it will be twelve inches longer and one inch wider than the current generation of Prius. MT calls this a “mini-mini-van” which seems ridiculous. I think it’s misleading in that minivans have sliding side doors and this one does not appear to (at least what we can see from the picture). Expanded Prius. Whatever. Prius max. Ok, if you have to. But it’s highly dubious to think that you can stuff an extra row of seat into a space twelve inches long and have no door to access them.

Further, for some reason Motor Trend has mixed in pictures of another Prius concept vehicle with no real explanation why other than both the “new” vehicles look somewhat like a Prius but none of them look like each other. I guess running with only one shot made them feel somehow inadequate.

MT is also reporting that this new Prius will be equipped with Lion cells rather than the Nihms Toyota has been using.

As usual, I’m skeptical. One thing I’ve learned in writing here for more than five years is that Toyota plays things very close to the vest and only releases information when they want to. All too often idle speculation turns out to be, well, idle speculation. Look, there’s a reason this stuff gets published on MT’s blog on not on their front page. This way, it’s easily deniable if it turns out to be a badly translated story from a Japanese car mag.

UPDATE: I don’t want to convey the idea that I think this won’t happen. I just think MT didn’t or couldn’t dig into this more to get us the real information. I think this story, like so many others, probably has some grains of truth and certainly contains some will-to-believe. Which is which I can’t say. I think the one photo of the proposed vehicle is compelling but after that there seems, to me, to be a great deal of speculation taking place. I do think, in general, that it would a great idea for Toyota to add a larger vehicle to the “Prius family” just as I can imagine a few cool additions to the “family”. In the end, what I think matters a lot less than what Toyota does.

Needless to say, this is huge news. Game changing news. On the What Drives Us podcast I’ve been flailing Toyota for seemingly allowing other (Nissan and Chevy) to take the lead in EVs (yes, yes, I know the Volt is a hybrid, sort of). With this partnership Toyota leapfrogs both companies partnering with the only company on Earth to make a viable EV.

The NUMMI plant is capable of producing as many as 200,000 vehicle per year, which for Tesla is a huge boon as they have previously been trying to buy empty buildings down in LA to make the Model S. Now, with the NUMMI plant and Toyota’s engineering (and Toyota’s cash), Tesla is positioned (as is Toyota) to become a multi-model EV leader in the next 18 months.

Toyota announced plans to work on as many as three cars together. They did not specifically say if they would all be Tesla branded or Toyota branded. That said, I know one podcast co-host who is wetting his pants contemplating a Toyota Spyder EV co-produced Tesla. Just sayin.

Congratulations to Tesla and to Toyota. In the end, it’s the car buyers who will win if they can combine the best from both companies and make killer EVs.

It’s a great hour. Check it out. Right here.

Earlier today Toyota unveiled the Prius PHEV within the confines of the tony Torrey Pines Lodge in San Diego. An exclusive list of invited media attended and had a chance to drive the PHV as well as participate in some seminars on “sustainability”. Festivities continue through tomorrow so I imagine the news stories will start flowing between now and then as it appears Toyota has not embargoed driving impressions of the new Prius (somewhat surprising).

Here’s Toyota’s FAQ on the Prius PHV.

While I languish at POG HQ here in Lancaster, Pennsylvania, my partner in crime, Danny Cooper of priuschat.com and co-host of What Drives Us is out there suffering through San Diego weather and what is surely an onslaught of underpriced media dinners. So, that means a full report on this week’s What Drives Us which should hit the streets in the next day or so (once we get this week’s podcast done). And yes, the What Drives Us take on the Prius PHV will be the definitive one. I would put forth that we might be only two reviewers who also own 2010 Prius (since the PHV is based on the 2010 Prius).

Check back soon and hear me grill Danny on the new PHV and whether or not he was able to sneak off to In-N-Out (it’s only a few miles down the road from your hotel Danny!).

You can browse the entire gallery here.

The Daily Telegraph says a lot of good things and stupid things. This one falls into the latter category:

‘Top Gear effect’ blamed for environmentally unfriendly image of motorsports

Look, I love Top Gear but it’s a TV show and all which that implies. It’s sometimes silly and shallow. It’s sometimes quite stupid. It is however, frequently entertaining, something which more TV shows could look into.

And with all that said, Top Gear isn’t the problem. It’s “motorsports” which are the problem. Let’s be realistic. Motorsports are defined as sports with motors in them, and by that I mean, gasoline motors, often, large, loud, polluting, fuel inefficient motors. It’s the way the genre has been defined for generations. Top Gear is hardly to blame for this.

And while I’ll leave the main blame laying to others I’ll tell you who I think is also to blame for this, many of us eco-driving warriors, that’s who.

Look, cars, motorcycles and the lot are fun. They are. You can do all sorts of exciting things with them and people do. They drive them in circles really fast. They drive over exciting and challenging dirt surfaces. They drive them in marathons. They crash them into each other. They do things with vehicles that are exciting, for many people, to watch.

What have we, the alt-car crowd come up?

MPG challenges.

Seriously. That’s our contribution to motorsports.

Why aren’t having fun with fuel efficient cars? Why aren’t coming up with exciting new ways to compete in vehicles that aren’t necessarily wasting inordinate amounts of fuel and creating enormous clouds of oil tinged pollution? What have we done to change the existing paradigm? Nothing. Well, very little.

It’s partially our fault the public thinks fuel efficient cars (and EVs and electric scooters…) are boring because that’s all we shown them. We can drive them slow, we can compete saving fuel. Chess is exciting in comparison. And don’t get me wrong, MPG Challenges are fun (for some of us). I’ve been to more than a few but frankly, it’s never going to be a widespread phenomena and for good reason.

It is incumbent upon us, the fuel efficient, low pollution devotees to come up with something less environmentally disastrous than the Daytona 500 and slightly more exciting than watching corn grow. I think we can do it if we try.

One of the most fun things I saw at the Tour del Sol in 2006 was the autocross competition amongst the vehicles there (EV’s, biodiesel, hybrids and whatnot). That was fun. It was relatively low impact and it was a chance to use those vehicles in ways most people never consider. Why aren’t we, we being the green car community, doing more things like that? Why aren’t we sponsoring efficiency contests that not only reward MPG but add in a real life element, time. If all you are doing is managing your MPG chances are, you’re a road hazard. However, if you had to do that and stay within a realistic time bracket, suddenly your skills must be a bit more attuned to, dare I suggest, the real world? The world most people live in? I’d like to see more rally style competitions where timing and efficiency are the point. Rewarding only efficiency is too narrow. There’s no reason why we can’t organize fun rallies that aren’t tortoise versus tortoise competitions. Car clubs do it all the time.

And I don’t mean to limit these competitions by other traditional definitions. Why doesn’t a car company who is often proud that so many of their older vehicles are on the road honor that more tangibly? Yes, building a great car is the main point but again, we’re talking about changing paradigms here. For most of my life I was a devoted Volvo owner (until I bought my very first new car, my 2005 Prius). Volvo has a wonderful program whereby they send very nicely done metal plaques to owners of Volvo who have clocked over 100,000 miles. They also do it for 250K and 500K. What a great program, rewarding and recognized longevity. And while this isn’t exactly related to what I am discussing here, it is outside the “norm” when we think about cars. It’s this kind of thinking that we need to engage in.

I’ve always wanted to put one of these logos on my Prius. Why? Well, I love the idea that TRD isn’t just about bigger, louder, faster. I love the idea that anything can be “raced”. A great driver can compete, in any number of ways, in any vehicle. So yes, right now I love the TRD logo that isn’t (but should be) on my Prius because it’s kind of ridiculous. But I also love it for what it could represent, a rebellion against the louder, faster, bigger and towards something else. A whole new definition of performance that isn’t so narrowly defined.

Which brings me to the final bit of finger-pointing, I’m going lay part of the blame one other place. The car companies. All of them. They spend tens of millions of dollars supporting motorsports as they exist now. They have, as much as anyone else, created the paradigm that bigger, louder, faster and gas-hoggier is better. It’s time they diverted a small amount of that money in a different direction. It’s time for, especially the companies for whom fuel efficiency is a major selling point (Yes, my dear friends in Torrance, I’m talking to you) to invest some small part of what they pump into F1, NASCAR and all the rest helping to build a new paradigm. A paradigm which, I would hasten top point out, supports their long term business model much better than NASCAR or Formula One. This won’t be changed overnight. It will take decades but now is the time to help the pioneers reshape the perception of the personal transportation device, help people who are trying to reframe the conversation away from horsepower and torque to one where agility, efficiency and versatility are more important. You can do it. After all, you built the existing motorsports model. Imagine in fifty years people looking back with a whole new view of “motorsports” and seeing what we could do today as groundbreaking. Now that’s exciting. If we do it.

This week Danny and Russell welcome back Evan Fusco and Tony Schaefer. They discuss a wide range of news topics from three new Porsche hybrids (one of which goes 98MPH in EV mode) to pay in American factories. Visit www.whatdrives.us to learn more and please visit become of the fan of the podcast on facebook: www.facebook.com/whatdrivesus As always, thanks very much for downloading What Drives Us.

Use this link to view our page on iTunes.

A nice site featuring all their EV/PHEV concept vehicles.

Japanese police are recommending criminal charges against a driver who says his Toyota Prius crashed because of brake failure after an analysis of “black box” data showed no defects.

No small crime either…

The charge that Japanese police are recommending in the Prius accident is negligence in driving resulting in damage or injury. It carries a maximum punishment of up to seven years imprisonment or a fine up to 1 million yen ($11,000).

I still think it’s more than curious that the CHP refused to investigate the incident and would not even cite Sikes for his driving and, one might opine, filing a false report. As I’ve said before, my next driving trip should be fun if Prius drivers can do as they please in California.

This week Danny and Russell welcome back Eric Powers of Green Drive Expo and EVPowers as well as Paul Guzyk from 3prongpower.com. After dispensing with the Sikes incident, they spend some serious going into plug-ins and plug-in conversions with Eric and Paul. Paul’s company 3ProngPower is a leader in PHEV conversions in Berkeley, California. If you’ve ever considered a conversion or are just curious about PHEV’s this week has the information you want.

Use this link to view our page on iTunes.

Now let’s count the number of newspapers, magazines, radio and TV stations that run this report and recant their original “reporting”.

Toyota Offers Preliminary Findings From Technical Field Examination of Alleged ‘Runaway Prius’ in San Diego

• Toyota Engineers Conclude Two Days of Investigation

• Driver’s Account Of Event Inconsistent With Initial Findings

SAN DIEGO, Calif., March 15, 2010—At a press conference today, Toyota Motor Sales (TMS), U.S.A., Inc. offered key preliminary findings of technical field examination and testing that were performed on March 10 and 11 regarding an alleged “runaway Prius” event dramatically covered by national news media.

Toyota engineers completed an investigation of the 2008 Prius driven by Mr. James Sikes that was the subject of a 911 emergency call on Monday, March 8. The driver reported that the vehicle was traveling at a high rate of speed, the accelerator pedal was stuck, and that the vehicle was out of control and could not be stopped. The emergency operator repeatedly instructed the driver to shift the car into neutral and turn off the power button.

A California Highway Patrol officer intercepted the vehicle and instructed the driver to press firmly on the brakes, apply the emergency brake and turn off the car, at which time the Prius came to a safe stop.

While a final report is not yet complete, there are strong indications that the driver’s account of the event is inconsistent with the findings of the preliminary analysis.

Toyota engineers employed data download/analysis, static and dynamic testing as well as thorough inspections of all relative components. In addition, they retraced the reported driving route taking into account driving time and accounts from the 911 recording.

The investigation revealed the following initial findings:

• The accelerator pedal was tested and found to be working normally with no mechanical binding or friction. It should be noted that the Prius is not subject to a recall for sticking accelerator pedals and the Prius component is made by a different supplier than the one recalled.

• The front brakes showed severe wear and damage from overheating. The rear brakes and parking brake were in good condition and functional.

• A Toyota carpeted floor mat of the correct type for the vehicle was installed but not secured to the retention hooks. It was not found to be interfering or even touching the accelerator pedal.

• The pushbutton power switch worked normally and shut the vehicle off when depressed for 3 seconds as the 911 operator advised Mr. Sikes to do.

• The shift lever also worked normally and neutral could be selected. The neutral position is clearly marked and can be easily engaged by moving the lever left to the “N” marking.

• There were no diagnostic trouble codes found in the power management computer, nor was the dashboard malfunction indicator light activated. The hybrid self-diagnostic system did show evidence of numerous, rapidly repeated on-and- off applications of both the accelerator and the brake pedals.

• After examination of individual components, the front brakes were replaced and the vehicle was test driven, during which the vehicle was observed to be functioning normally.

• During testing, the brakes were purposely abused by continuous light application in order to overheat them. The vehicle could be safely stopped by means of the brake pedal, even when overheated.

The Prius braking system uses both conventional hydraulic friction brakes and a regenerative braking system which switches the electric drive motors into brakes to generate electricity.

The system features a sophisticated self- protection function which cuts engine power if moderate brake pedal pressure is applied and the accelerator pedal is depressed more than approximately 50 percent, in effect providing a form of “brake override.”

This function, which is intended to protect the system from overload and possible damage, was found to be functioning normally during the preliminary field examination.

Toyota engineers believe that it would be extremely difficult for the Prius to be driven at a continuous high speed with more than light brake-pedal pressure, and that the assertion that the vehicle could not be stopped with the brakes is fundamentally inconsistent with basic vehicle design and the investigation observations.

These findings suggest that there should be further examination of Mr. Sikes account of the events of March 8.

NHTSA investigators were present during Toyota’s examination, and are conducting their own investigation of the vehicle and its performance. Toyota’s examination was also observed by a congressional staff member.

Or had it?

There’s nothing our twenty-four a day media love more than a circus and this was a good one. On the very day Toyota conclusively debunked a so-called “expert’s” claim that he had reproduced unintended acceleration, Sikes appeared, as if by command, to show the world what it was like to speed out of control in a Prius.

Whether Sikes story is a hoax or not is debatable, to some extent. As yet, no physical evidence has been presented that he faked it or that it was real. The investigation is ongoing. Well, sort of.

The real failure in this tale of woe is that of the media. Our media failed us completely and utterly. Instead of asking hard questions, we were treated to press conferences with the “victim” and computer generated recreations of the incident (albeit mostly inaccurate ones).

Here’s a wire story from the Associated Press from late yesterday. Check out these excerpts and decide if there is a pattern here.

The California Highway Patrol has repeatedly said it has no reason to suspect a hoax. It does not plan to investigate the incident or perform a mechanical inspection because there were no injuries or property damage.

I guess driving over 80 MPH and making false claims to an officer is no longer a crime in California. That should make my next visit to California a lot more exciting.

“There is no factual information that I’m aware of, or the highway patrol is aware of, that would discredit his story,” agency spokesman Brian Pennings said Friday.

No, as I said, there isn’t yet. But where is the common sense? Where is the sober judgment of people who, at least I used to think, had vast experience with motor vehicles? And I guess since the CHP is not investigating it will be hard for them to turn up any additional facts in the case, won’t it. As I said, I hope the CHP who encounters me cruising at 90 MPH on California highways is as forgiving and incurious.

And after having several people prove that engaging the parking brake, shifting to neutral or simply turning the vehicle off would have stopped this, almost immediately, The AP felt it was necessary to bring another “expert” just toss some digital noise of their own into the mix:

But Raj Rajkumar, an electrical and computer-engineering professor at Carnegie Mellon University in Pittsburgh who studies auto electronics, said the Prius could still have acceleration malfunctions even with the fail-safe system.

Toyota says the fail-safe and the engine are controlled by a central computer that contains two independent microprocessors that communicate and must agree with each other. If there’s a disagreement, power would be cut to the wheels.

But Rajkumar said the two engine control unit microprocessors could still receive common erroneous signals from sensors or experience software errors that could cause the throttle and the fail-safe mechanism to malfunction.

Two, independent microprocessors giving identical erroneous sensor readings? That is indeed the perfect storm. I wonder what the odds of that are and I wonder why the AP didn’t ask him that. No I don’t.

Here’s the weirdest “fact”, and it’s only one of many that make no sense at all. From the AP story:

Todd Neibert, the officer who gave instructions to Sikes over a loudspeaker, said he smelled burning brakes when he caught up with the Prius. He examined the car when it came to a stop.

“The brakes were definitely down to hardly any material,” he told reporters. “There was a bunch of brake material on the ground and inside the wheels.”

Let’s walk through this, shall we? You’re accelerating out of control in a vehicle, you’re “standing on the brakes” over a thirty mile long stretch of road. I understand why the officer might examine the brakes and find little or no brake material on the mechanism but this part, “There was a bunch of brake material on the ground” has been repeatedly asserted by Officer Niebert and it makes no sense. If you’ve worn down the brakes over a thirty mile long drive, why would there be brake material in a pile, on the ground under the car? Shouldn’t the material be spread out over a thirty mile long stretch of road?

The problem here is no one in the media asked important questions or really questioned the entire incident until people started speaking out on the net and commenting how odd this entire incident is.

Instead, we get this from the AP:

Claybrook, the former federal administrator, noted that drivers often come under heavy scrutiny for reporting unintended acceleration.
“Attacking the driver has long been the answer that not just Toyota, but the entire industry, has had,” she said. “Blaming the driver is old hat.”

Old hat indeed when the facts make no sense. If someone tells me something that is, on the face it, wholly illogical, yes, I question them. And that Claybrook doesn’t and that the AP feels that’s a vital part of the story tells me more about each of them than the incident itself.

Then there’s this sad, sad bit of kabuki. A spokesperson from congressional rep Darrell Issa’s office showed at the investigation of the Sikes incident and demanded to be included, delaying the investigation for more than several hours. Why? Well, just because.

In all, no less than four reports of “sudden unintended acceleration” have been reported this week. In every case the initials reports (and most of the follow-ups) have been met with little or no skepticism, no important questions asked and just comments about how bad this look for Toyota.

The result of all this is simple, the media have, intentionally or otherwise, damaged every Toyota owner in the United States, no protected them. The kind of reporting that doesn’t look for facts and reasons and only relates the dramatic and exciting aspects have caused the values of every Toyota in the United States to decline. Kelley Blue Book has, twice in the last thirty days, announced reductions in the values of Toyota vehicles. This, quite literally, affects every person who owns a Toyota in the US. And when the dust has settled. When the facts do manage to ooze out. Who is going to repair that damage?

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(image from the District Attorney’s office)

Clearly the worst problems in Orange County California appear to be, it’s not getting enough national press. If this is what occupying their district attorney then truly, Orange County must be a little slice heaven.

Keep in mind, this is the county, one of the most prosperous in California, that managed to go bankrupt in the mid nineties. I suppose by now the embarrassment from that has faded so this issue must loom large in the sights of ace law enforcer Joseph “Tony” Rackauckas. Sure, the Orange County has struggled with plummeting property values, rampant mortgage fraud and home foreclosures, losing jobs but this Toyota thing, well, it has to be addressed.

Here’s a PDF of the complaint. Here’s a bit of it:

3. This case is based on several simple and provable facts: (a) millions of California consumers purchased defective Toyota vehicles; (b) Toyota knew that these defects existed; (c) Toyota failed to disclose these defects, and actually took affirmative steps to hide the defects and mislead the public about them; (d) as a result, none of the California consumers knew about, or reasonably could have known about, the defects; (e) millions of California consumers have been harmed by owning or leasing Toyota vehicles that contain defects which completely undermine the safety and reliability of the vehicles; and (f) the value of every Toyota vehicle owned by California consumers has been reduced because of these defects.

So one has to wonder what evidence Rackauckas has that congress apparently lacks, oh, and the entire news media since we’ve seen no evidence that Toyota has done any of this. What we have seen is a lot of very bad reporting, some folks with claims that are backed no physical evidence and make little sense and a general, “We hate Toyota” sentiment that seems to be driving this in some areas.

Here’s the kicker:

Relief sought by the OCDA
The OCDA is seeking to permanently enjoin Toyota from continued unlawful, unfair, deceptive, and fraudulent business practices as it pertains to both consumers and competitors. The OCDA is seeking civil penalties in the amount of $2,500 for every violation of the Unfair Business Practices Act. The Plaintiff is also seeking recovery of attorneys’ fees, investigation costs, and any other equitable relief as deemed just.

So the “relief” is twenty-five hundred bucks for each Toyota owner plus legal fees? As usual, the attorney’s here bill for millions and the actual people might see as much as $2500. Great deal if you can get it, for the attorneys.

And because everyone deserves a chance to tell their own story I called the DA’s office in Orange County. I spoke with one of their spokespeople there and I asked a few questions to try wrap my mind around this thing.

I asked how many complaints the DA’s office had received regarding Toyota vehicles. The response was that this action on the part of DA Rackauckas is not based on consumer complaints from Orange County residents. Why Orange County first? Why not let the Feds deal with this. The response, from DA Rackauckas’ own speech is as follows:

As these cases continue to pile up, I became increasingly uneasy, knowing that many thousands of California consumers have purchased defective Toyota vehicles. I became increasingly concerned that Orange County consumers may be purchasing many more Toyotas without knowing the full facts.

I feel it is the duty of the Orange County District Attorney’s Office to protect the public and our consumers from unlawful, unfair, and fraudulent business practices. I feel it is our duty to make sure Toyota is not gaining an unfair business advantage over other car companies who are not doing what Toyota is doing.

Nice of OC to step up and offer to fight Toyota on behalf of, well, everyone. A little more history, directly from DA’s speech this morning:

You may remember that in 2002, we joined forces with the Robinson, Calcagnie & Robinson law firm in taking action against giant international oil companies to clean up poison from ground water. As a result, we forced the oil companies to clean up over 300 sites and pay over $25 million in penalties and millions more in unlimited costs for cleanup of contaminated sites.

(editors note: I can only find records of OCDA getting a little less than $10 million in these suits)

It’s no secret that our office has been enduring a severe budget crisis. We have to prosecute the same number of cases with 10 percent less prosecutors and investigators. As important as protecting the public from unfair business practices and this case may be, I could not take prosecutors away from prosecuting murderers, rapists and gang members.

We all know that as soon as we file this suit against the world’s largest, most successful car corporation, they are going to be parachuting in lawyers, with all kinds of legal tactics up their sleeves. We need the assistance of a law firm, with expertise in these types of cases, to help us defend against the barrage of legal attacks we expect from this gigantic international corporation. Believe me, they will spare no expense to hire an army of lawyers from fancy firms.

Brave, I guess, but then fighting paper dragons often sounds much more impressive than it is. So, the mostly broke office of the Orange County District Attorney is going to take on Toyota over what they perceive as some kind of mounting crisis because no one else will? And they’re going to do it armed with what facts? And taxpayer paid outside attorneys? With what evidence? Based on news reports? And let’s be clear here, getting oil companies to pay to “study” and clean up after 143 leaky gas stations is a lot different than somehow proving Toyota has been knowingly selling defective cars and intentionally hurting people. The evidence with the oil companies was measurable. And even that settlement didn’t clean up all the gas stations, it only provided that the oil companies would spend several million dollars studying the sites to determine if a clean up was necessary. And the OCDA got $5 million in legal fees. Funny thing, those same oil companies with the Lake Tahoe water district for a similar issue. The result, Lake Tahoe got $60 million. Not such a great deal for Orange County residents, eh?

What’s more, let’s pretend for a moment that DA Rackauckas has a point and he’s doing god’s work here. Why just Toyota? There are more than handful of other recalls on other vehicles from other companies, some going back years. So why just Toyota?

As I’ve said here before, I’ll lead parade with torches to the Torrance offices if someone can show me proof Toyota has done what many in the media and the DA of Orange County is claiming. Keep in mind, I have a big, fat car loan right now on a 2010. My kid drives a Corolla. I have no desire to prop up a company that would knowingly hurt people to make money least of all, hurt my family and I.

But where’s the evidence?

And without that, people like this asinine DA in Orange County have caused me harm. Armed with a “timeline” they’ve damaged the resale value of my property, this DA and the media, without evidence and without care to actually reporting facts. It’s my opinion that I can prove that. I can point to the hundreds of bad, misleading and inaccurate articles that have damaged what my property is worth. I can point to idiotic grandstanding by the media and now, an officer of the court, namely, the District Attorney of Orange County California all of which have done nothing to “protect the consumer” and a lot of harm millions of Toyota owners all over the United States.

Where’s my lawsuit?

If were an OC resident right now, I’d be pissed my tax dollars trying to chase some Toyota gravy train that is highly unlikely to ever come in. And let’s be honest here, he’s not doing it for people of Orange County, Rackauckas is doing it for himself and for the other attorney’s. This District Attorney has a history of chasing these kind of budget problems. Only last year DA Rackauckas came under fire from a death penalty proponent for prosecuting so many death penalty cases? Why? They’re expensive. And in a time of budgetary problems it seemed pointless to spend the money prosecute these cases and incur the additional cost of asking for the death penalty in a state that has no death penalty.

He’s going to spend Orange County tax dollars paying outside attorneys to prosecute this case and he’s doing it to try and build himself a bigger name. And that’s pathetic because I don’t think that’s what Orange County residents elected him for.

Of course, none of this directly refutes Sike’s claims. It does however cast a different light on his character and potential motivations.

I still like evidence and it’s my hope that we’ll see something come out of the investigation on this matter.

Let’s face it, running a huge multi-national, like the proverbial sausage factory, isn’t pretty but that doesn’t stop millions of people from gobbling up the product.

This story, no matter how it ends, is going to be real ugly for Toyota.

Apparently, a person whom CNN describes as “former in-house defense attorney Dimitrios Biller” resigned from Toyota, cashing in a four million dollar severance package and walked out with more than 6,000 documents and emails from his former employer. In the article, Biller claims the documents are damaging to Toyota, “Not potentially, they are. They are very damaging,”

There’s little doubt in my mind that just about any lawyer could produce documents that were damaging to a former client. That’s the nature of legal representation, right or wrong, we’re only pondering half the story if we can’t admit that. So even under the best circumstances, this is going to be another nightmare for Toyota.

So the real question is, so what does he have? What do these documents show us?

So what did CNN learn?

The documents — some of which were reviewed by CNN — were sent by Biller to Toyota officials. There are numerous references to so-called “Books of Knowledge,” highly confidential information on design, safety systems and testing records allegedly generated by Toyota engineers on everything from roll-overs and roof safety to sudden unintended acceleration.

Here’s a photograph of one of the not-so-secret “Books of Knowledge” I took in January of 2009. It happens to be “the Book” for the third generation Prius. The man holding it is known simply as the “The Chief”. He’s Chief Engineer of the Prius, Akihiko Otsuka.

And this picture…

And this picture of The Chief actually consulting the book to respond to a question…

So, yeah, secret book of knowledge. The Chief referred to this “book”, well, folder, that appeared to contain a vast amount of very well organized data on the the third generation Prius, many times throughout the presentation and questioning.

Here’s how CNN described it;

highly confidential information on design, safety systems and testing records allegedly generated by Toyota engineers on everything from roll-overs and roof safety to sudden unintended acceleration.

Of course any company that designs and builds a car has this information. In fact, I would guess that every car company has this information on every vehicle they’ve made and yes, it’s confidential. Is that surprising or somehow “damaging” to Toyota?

Again, the question is, depends on what’s in there. But by no means does mere existence of this information mean Toyota has done something wrong. This is shoddy, tawdry reporting. Give me an example of something that’s damning from these documents which CNN claim they have examined. CNN does, later on, but it’s, well, read on please…

So far, we know an ex-Toyota lawyer grabbed a bunch of privileged communications and is now, now that he’s out and has his four very-large bonus, he’s claiming these documents are damaging.

Further on we read about a specific liability case. A case, as it turns out, which Biller defended Toyota in. The accident was a Camry rollover which Toyota settled for $1.5 million. The plaintiff’s lawyer in the case is quoted as saying,

Embry, who added Toyota provided just enough information to show Toyota vehicles “met the minimum standards.”

Perhaps sad but again, what I would expect from any company defending itself in a multi-million dollar and not proof of guilt by any means.

Again, from the CNN article:

Included in Biller’s documents is an e-mail he said he sent to his bosses summarizing negotiations. It says, “TMS [Toyota Motor Sales USA] concluded that it would be better to pay a premium to settle this case and avoid producing the ‘Books of Knowledge.’”

So Toyota decided to pay off this claim rather than divulge what is basically a blueprint for building the Prius, even more, they’re the results of building the vehicle using those plans and testing it. I’m sure there’s a lot of folks that would like to get that information for free. GM claims to have spent three quarters of a billion dollars designing, building and testing the Volt, so far. Who wouldn’t love to see “the Book” on the Volt? Do you think GM would fight to keep that information secret?

Although Toyota calls the materials “trade secrets,” Embry said,

Exactly.

So why, if Biller knew a judge had ordered all information produced, didn’t he produce it? He said he tried but was stopped by a superior who told him, “You have to protect the client at all costs.”

“Even if that includes,” Biller asked, “committing criminal acts or violating the law?”

The answer, Biller said, was yes.

Did he break the law? “No, I did as much as I could as a lawyer for a client to not break the law,” he said.

At least he follows orders.

For awhile.

Toyota says publicly that Biller is full of it and they will continue to fight to keep those documents private. I can’t blame them but I will add this, if there is something in there that is truly damning, I’d be at the head of the line to kick some Toyota ass. But the evidence has to be there. I won’t do it on the allegations of a former lawyer who left Toyota years ago because of a “nervous breakdown”, grabbed a bunch of privileged communications and then, four years later, threatens to make them public.

I want evidence. Where is the evidence? We have enough allegation and assumption on this issue. Enough to clog the news organs of this country all too much. Where are the real facts?

There’s no doubt CNN should be reporting this story. My question for them, when will they actually do some reporting? If their goal was act as flack for this former lawyer, job well done. If their goal was to inform the public, they haven’t really bothered to tell us anything important, have they?

And as I said at the top, there’s no way this can end well for Toyota. It just adds more ironic gasoline to the fire. Even if Toyota is successful in keeping “the Book” and rest secret, then they lose image wise. If they make it public, everyone gets everything they spent millions learning.

Yes, this is going to suck for Toyota.

And by the way, just for laughs, here’s The Chief and I later in the day…

Suffice to say, for now, that the reporting on this continues to be abysmal, the stories fantastic and no rational explanation backed up by physical evidence has yet been offered, by anyone. Aside form Toyota, the big loser here is the American car buyer who is being slathered in innuendo and assumption and none the wiser for it.