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July 2, 2005Body armor woes expand with Fed suitSTAFF AND WIRE REPORTSWASHINGTON, D.C. - The government on Friday sued the top supplier of bullet-resistant police vests and the Japanese manufacturer of the vests' protective synthetic fiber, contending they conspired to hide evidence that the body armor could be defective. Second Chance Body Armor Inc. of Central Lake and Toyobo Co. knew the vests' ability to stop bullets was overstated, but sold them anyway to local, state and federal police, according to the lawsuit in U.S. District Court in Washington. The government also alleged that the companies worked together to suppress evidence that the Zylon fabric degraded faster than they acknowledged when it was exposed to light, heat and humidity. Second Chance executives also ordered the destruction of internal memos, including one that urged the company to take corrective action and not wait until an officer was killed, the lawsuit said. Second Chance and Toyobo blamed each other Friday for problems with the vests. "Second Chance was the bad actor, not Toyobo," said Kent Jarrell, a spokesman for Toyobo. Second Chance officials denied any attempt to conceal information about the vests and said they've cooperated with federal investigators. "We have never worked with Toyobo to conspire or conceal anything," company spokeswoman Mary Ann Sabo said. "In fact, it was Second Chance that first alerted the industry to the problems with Zylon, and it's Toyobo that continues to deny there's any problems to this day." Questions about the vests were first raised by a whistle-blower, Second Chance's former director of research and development. Second Chance is facing more than a dozen suits by states, police agencies and individuals. Last week, the company acknowledged that the Zylon vests may not be safe and urged its customers to replace them. A company lawyer has said Second Chance did not recall its remaining Zylon vests because the company did not have the money to replace them. The lawyer said it was possible the company could tap a federal body armor fund to replace the vests. Sabo said Second Chance anticipated the federal lawsuit but expects the company will be cleared of wrongdoing. "We feel it will help in determining who's responsible for the problems with Zylon," she said. "We feel Second Chance will be vindicated when we have our day in court." The company, now going through reorganization in federal bankruptcy court, previously recalled more than 130,000 vests made entirely with Zylon. The recent warning covers about 100,000 vests made with Zylon blends. Second Chance also is suing Toyobo, which is a defendant in some of the other suits. Toyobo has acknowledged that the fiber loses up to 20 percent of its durability within two years of manufacture. But the company has said Zylon works well in body armor that is properly constructed, and is not to blame for any problems with Second Chance vests. On the Net: Second Chance Body Armor: http://www.secondchance.com Toyobo Co.: http://www.toyobo.co.jp/e/ Justice Department: http://www.usdoj.gov/ See Related Stories: Donor may finance Grand Traverse County vests - July 2, 2005 Vest recall puts police in bind - June 30, 2005 Second Chance urges customers to replace all vests - June 23, 2005 Second Chance efficiency falls short at Alabama plant - June 7, 2005 Battered Second Chance may shut down operations - May 18, 2005 Village mourns loss of Second Chance Body Armor - April 23, 2005 Lawyers file for class action against Second Chance Armor - April 10, 2005 Employees: Second Chance Armor move will hurt town - March 26, 2005 Second Chance Body Armor moving to Alabama - March 25, 2005 Second Chance trustee seeks sale of president's assets - March 12, 2005 Study finds Second Chance vest inserts inadequate - February 8, 2005
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