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Carlos Ghosn changes to hotshot attorney and a new defense strategy

TOKYO — Carlos Ghosn's chief defense attorney Motonari Otsuru resigned and was replaced by a team that includes hotshot lawyer Junichiro Hironaka, in a change of strategy from the ousted Nissan Motor chairman three months after his arrest. Ghosn, Nissan's one-time savior, has been held in detention since his Nov. 19 arrest. He's been indicted and accused of under-reporting his salary and breach of trust. He has denied the charges. The once-feted auto executive hired Hiroshi Kawatsu as head of a new defense team, his office said on Wednesday. Hironaka, 73, has won several high profile cases, helping acquit senior lawmaker Ichiro Ozawa and senior bureaucrat Atsuko Muraki. Hiring Hironaka would mean a more aggressive legal strategy, said Nobuo Gohara, a former prosecutor. Otsuru previously led the special prosecutors' office that is now handling Ghosn's case. "Otsuru was miscast. He worked at the heart of the special prosecutors office so he was not someone who was going to go after them aggressively," Gohara said. "Hironaka is an experienced defense lawyer who has won a number of cases. He will mount a more thorough and aggressive defense." Otsuru's office confirmed his resignation in a statement, but gave no reason for the move. A second member of Ghosn's defense team, Masato Oshikubo, had quit, it said. Go Kondo, Ghosn's third defense lawyer, was unavailable for comment. Ghosn released a short statement thanking Otsuru for his team's "tireless and diligent work," and called him a "very capable and intelligent man and lawyer." The sudden change in attorneys comes ahead of the expected start of informal meetings with prosecutors and judges to discuss pretrial preparations, an indication that there will be no new charges against Ghosn. "As we begin the trial phase, I have decided to engage Hironaka-sensei as my legal counsel," Ghosn said, using an honorific suffix. "I look forward to defending myself vigorously, and this represents the beginning of the process of not only establishing my innocence but also shedding light on the circumstances that led to my unjust detention." Ghosn, 64, told the Nikkei newspaper last month that Nissan executives opposed to his plans for closer ties with automaking partner Renault SA had plotted to remove him. Ghosn was widely credited with rescuing Nissan from near-bankruptcy after he was brought over to Japan in 1999 by Renault after the French automaker bought a chunk of Nissan.

DC fast charging not as damaging to EV batteries as expected

As convenient as DC fast charging is, there have been lots of warnings that repeated dumping of so many electrons into an electric vehicle's battery pack in such a short time would reduce the battery's life. While everyone agrees that DC fast charging does have some effect on battery life, it may not be as bad as previously expected. Over on SimanaitisSays, Dennis Simanaitis, writes about a recent presentation by Matt Shirk of the Idaho National Laboratory (INL) called DC Fast, Wireless, And Conductive Charging Evaluation Projects (PDF) that describes an ongoing test of four 2012 Nissan Leaf EVs that are being charged in two pairs of two. One pair only recharges from 50-kW DC fast chargers, which the other two sip from 3.3-kW Level 2 chargers exclusively. Otherwise, the cars are operated pretty much the same: climate is automatically set to 72 degrees, are driven on public roads around Phoenix, AZ and have the same set of dedicated drivers is rotated through the four cars. "Degradation depends more on the miles traveled than on the nature of recharging." What's most interesting are the charts on page seven of Shirk's presentation (click the image above to enlarge), which show the energy capacity of each of the four vehicles. When they were new, the four batteries were each tested to measure their energy capacity and given a 0 capacity loss baseline. They were then tested at 10,000, 20,000, 30,000 and 40,000 miles, and at each point, the DC-only EVs had roughly the same amount of battery loss as the Level 2 test subjects. The DC cars did lose a bit more at each test, but only around a 25-percent overall loss after 40k, compared to 23 percent for the Level 2 cars. Simanaitis' takeaway is that, "INL data suggest that the amount of degradation depends more on the miles traveled than on the nature of recharging." The tests are part of the INLs' Advanced Vehicle Testing Activity work and a final report is forthcoming. These initial numbers from IPL do mesh with other research into DC fast charging, though. Mitsubishi said daily fast charging wouldn't really hurt the battery in the i-MiEV and MIT tests of a Fisker Karma battery showed just 10-percent loss over 1,500 rapid charge-discharge cycles.

Carlos Ghosn appears in court: 'I am wrongly accused'

TOKYO — Former Nissan Chairman Carlos Ghosn told a Tokyo court on Tuesday that he was innocent, defending his honor in his first public appearance since he was arrested on Nov. 19 and charged with false financial reporting. "Your honor, I am innocent of the accusations against me," Ghosn told the judge, speaking firmly and calmly as he read from a statement. "I am wrongfully accused." Prosecutors have charged Ghosn, who led a dramatic turnaround at the Japanese automaker over the past two decades, with falsifying financial reports in underreporting his income by about 5 billion yen ($44 million) over five years through 2015. They also say he is suspected of having Nissan temporarily take on his investment losses from the financial crisis. Seen for the first time since his November arrest, Ghosn was wearing a dark suit without a tie, and plastic slippers, and looked thinner and with gray hair. He rebutted the allegations against him point-by-point and said he had the option to leave Nissan but had decided to stay on. "A captain doesn't jump ship during a storm," he told the court in a strong voice. The veteran auto executive, a familiar face at the World Economic Forum and other elite gatherings, was handcuffed and led into the courtroom with a rope around his waist as the hearing began. Officers uncuffed him and seated him on a bench. Presiding judge Yuichi Tada then read out the charges and said Ghosn, a Brazilian-born Frenchman of Lebanese ancestry, was considered a flight risk — he was arrested on his arrival in Tokyo by private jet — and might try to hide evidence. In Japan, suspects are routinely held without bail, often due to fears about evidence tampering. During Tuesday's hearing, Go Kondo, one of Ghosn's lawyers, argued he was not a flight risk. "He's widely known so it's difficult for him to escape. There is no risk that the suspect will destroy evidence," he said. Facing the courtroom, Ghosn spoke proudly of the automaker's — and his own — achievements, such as reviving iconic models like the GT-R and the Z, expanding operations in China, Russia, Brazil and India and pioneering electric cars and autonomous driving. "I have a genuine love and appreciation for Nissan," he said. Ghosn has been held in spartan conditions at a Tokyo detention facility since he was taken into custody. In keeping with Japanese regulations, he has been allowed visits only from his lawyers and consular officials.