Criminal Justice

End mass incarceration

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EDITORIAL We at the Bay Guardian wholeheartedly support the Stop Mass Incarceration Network and its call for the month of October to be “a month of resistance to mass incarceration, police terror, repression, and the criminalization of a generation.” It’s time to rediscover our humanity, redirect our resources, and invest in this country’s underclass instead of attacking it.

The United States has the highest incarceration rate in the world, 717 per 100,000 citizens last year, or about 2.3 million people behind bars. Put another way, the US has about 5 percent of the world’s population but 25 percent of the world’s prisoners, costing this country over $60 billion a year.

San Francisco has long been a leader in criminal justice reform, pursuing policies based on rehabilitation and redemption instead of the mindless “tough-on-crimes” approach of other jurisdictions. Two of our state legislators, Sen. Mark Leno and Assemblymember Tom Ammiano, have chaired their respective Public Safety Committees and been important statewide leaders on prison reform.

Yet it hasn’t been enough in a state that still has among the world’s highest incarceration rates, and which is still resisting demands by federal judges that we reduce our prison population to address severe overcrowding and its unconstitutionally inadequate health care system.

So we need to join this broad and growing national movement that seeks to drastically reduce our prison population and redirect those resources into social services, education, and other more productive pursuits.

The Stop Mass Incarceration Network began in 2011 with a proclamation by Carl Dix and Cornell West, two important thinkers who have highlighted the disproportionately high arrest and incarceration rates of Latino and African American young men.

“If you don’t want to live in a world where people’s humanity is routinely violated because of the color of their skin, JOIN US. And if you are shocked to hear that this kind of thing happens in this so-called homeland of freedom and democracy — it does happen, all the damned time — you need to JOIN US too — you can’t stand aside and let this injustice be done in your name,” they wrote.

Recently, this movement has been joined by a wide variety of activists from the Bay Area, including Van Jones and Matt Haney, who have co-founded #50Cut, an initiative focused on cutting the US prison population in half in the next 10 years (see “Schools not prisons,” 9/3/14).

While dissident Chinese artist Ai WeiWei laudably uses his new exhibit on Alcatraz Island to focus attention on political prisoners and prisoners of conscience, the injustice of incarceration here in the US is even broader and deeper, affecting entire generations of young people and their families. It must end.

 

Ammiano “angry” as Brown vetoes prosecutor misconduct bill

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Assemblymember Tom Ammiano strongly criticized Gov. Jerry Brown today [Mon/29] for yesterday vetoing his Assembly 885, which would have provided modest sanctions for prosecutors who willfully withhold evidence during criminal trials, a huge problem we’ve repeatedly covered in the Bay Guardian.

From the case of JJ Tennison and Antoine Goff — who served long prison terms before being freed after a Guardian investigation showed misconduct by the police and prosecutors in San Francisco — to the similar and most recent case of Obie Anthony, as told by Ammiano to his legislative colleagues during the hearings, prosecutorial misconduct is a serious problem that needs to be addressed.

AB 885 became a good compromise measure and it worked its way through the legislative process, in the end allowing judges to inform juries when a prosecutor has intentionally withheld evidence, an important factor when weighing credibility that is usually shielded from jurors.

But in his veto message, Brown wrote, “Prosecutorial misconduct should never be tolerated. This bill, however, would be a sharp departure from current practice that looks to the judiciary to decide how juries should be instructed. Under current law, judges have an array of remedies at their disposal if a discovery violation comes to light during trial.”

Yet the reality of the criminal justice system is that such remedies rarely get applied, particularly in cases where the defendant is a poor person of color, sometimes because judges (many of them appointed by Republican governors during shameful tough-on-crime eras) are biased in favor of police and prosecutors.

This is a problem that was ripe for a legislative remedy in country where racism and the world’s highest incarceration rates are still huge problems, and we share the frustration of Ammiano over this veto.

“I’m not just disappointed at the Governor’s veto of this bill, I’m angry,” Ammiano said in a press release. “We need so much more than this to balance the system and keep the innocent out of prison, as the writers of the Constitution intended. Most prosecutors are honorable, but we’ve seen too many cases where DA’s don’t play fair – hiding evidence or releasing it at the last minute.”

“I recently met 40-year-old Obie Anthony, who has spent nearly half his life in prison because prosecutors hid evidence that would have pointed to his innocence,” Ammiano continued. “A court has now completely exonerated him, but that exoneration has come 20 years too late. We need this bill to stop the few prosecutors whose zeal for convictions lead them to cut corners on justice. We can’t wait decades to free the innocent while the true perpetrators run free.”

Ammiano noted that while the courts have prohibited non-disclosure evidence, he said the remedies that Brown refers to are weak and rarely used. For example, in Anthony’s case, the prosecutorial misconduct resulted in just a 24-hour continuance and no disclosure to the jury.  

“AB 885 could have saved me from spending 17 years in state prison,” Anthony said shortly after it passed the Legislature.

Brown is right that, “Prosecutorial misconduct should never be tolerated,” but in today’s criminal justice system — where cops and prosecutors are regularly exposed for railroading low-income defendants — it is not just tolerated, it is commonplace. 

Political power play unseats SF Police Commissioner who fought Secure Communities

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Police Commissioner Angela Chan fought the federal government as they unjustly tried to deport undocumented San Franciscans who were guilty of no crimes, and won.

She fought to arm the SFPD with de-escalation tactics instead of Tasers, and won again. 

But at today’s Board of Supervisors meeting, Chan lost.The board denied her reappointment to the Police Commission, and seven supervisors voted to appoint her opponent, Victor Hwang, instead.

I can see the writing on the wall and the way the votes are coming down,” Supervisor Eric Mar said to the board just before the vote. “It’s a sad day for the immigrant rights movement when a strong leader cannot be reappointed. Its a a sad day when a woman standing up for immigrant justice is not reappointed.”

The decision came after heated backdoor politicking by Chinatown political leader Rose Pak, insiders told us. Politicians involved would only speak on background, for fear of reprisal from Pak, but openly told the Guardian that Pak felt Chan spent too much time advocating for other communities of color, instead of just focusing on issues affecting Chinatown.

Chan gained national recognition for her work against Secure Communities, or S-Comm, a program that allows U.S. Immigration and Customs Enforcement to hold undocumented persons they’d later like to deport, often indefinitely.

Pak came out swinging against Chan in the wake of those battles, we were told, because they diverted from efforts relating to Chinatown. Public records requests also show that Pak’s allies operated against Chan, demonstrating Pak’s influence.

A series of public records requests from the Guardian confirmed that Malcolm Yeung, a well-known “hatchet man” for Pak, emailed the Board of Supervisors with scores of support letters for Chan’s opponent, Hwang. One of those support letters came from noted Reverend Norman Fong, a powerful voice in the Chinatown community and the executive director of the Chinatown Community Development Center. 

For a full recap of the nasty politics that came out to slam Chan, check out our post from earlier today.

Sup. Katy Tang introduced the motion to strike Chan’s name from the appointment, and replace it with Hwang’s. 

We are lucky when we have such strong candidates,” Tang said. “However it is because of Victor’s sense of criminal justice and civil rights experience that we bring to a full vote to put Victor to the Police Commission.”

But other supervisors noted the obvious elephant in the room — there was not only one vacant seat on the police commission, but two. One appointed by the supervisors, the other appointed by Mayor Ed Lee.

Supervisor John Avalos suggested the Board of Supervisors make a motion to request the mayor appoint Hwang himself, allowing for both Chan and Hwang to be appointed, a compromise move that would benefit everyone.

[Mayor Ed Lee] could appoint Victor to the committee,” Avalos said to the board. “There’s room for both of them to be on the commission.”

But Board of Supervisors President David Chiu said he asked Mayor Lee that very question, and that he was denied.

“It’s something I asked,” he said. “It is not something that will happen.” He went on to note that both candidates were very well-qualified, but did not explain why he would support one over the other, saying: “It is not the practice of the mayor to solve difficult decisions of the board. It’s up to us.” 

Then Chiu said he would vote for Hwang, a surprising move. Chiu is running for state assembly on the notion that he is the compromise candidate, yet was unable to broker a compromise that was clearly in front of him: there were two vacant police commission seats, and two candidates. 

Chiu’s support for Hwang was especially surprising considering Rose Pak is oft-described as Chiu’s political enemy. One must wonder what political favors he gained for his support of Hwang. 

Kim repeatedly referenced her friendship with Hwang in the discussion leading up to the vote.

In the end, Supervisors Mark Farrell, Scott Wiener, Malia Cohen, London Breed, Jane Kim, Tang and Chiu voted to strike Angela Chan’s name from the appointment, and to vote to appoint Hwang instead.

I had a good four years on the commission,” Chan told the Guardian in a phone interview afterwards. “I was able to accomplish a lot, along with the many people who came out today to support me. People from the mental health, African American, Asian American and Latino communities. Hopefully with this experience they will become more organized and powerful as a community.”

After Victor Hwang’s victory, the Guardian stopped him outside of the board chambers to ask him: If Rose Pak helped you get your seat, are you beholden to Rose Pak?

The simple answer is no,” he told the Guardian. “She’ll have no more sway than anyone else. She’s a leader in the community, and there are many leaders in the community. I’ll make independent decisions for myself.”

His first priorities as a Police Commissioner, he said, would be what he called “the little things” — pedestrian safety by the Broadway tunnel, graffiti enforcement, and making sure calls for matters like break-ins are enforced in a timely manner. 

Hwang doesn’t want to start new projects right away, he said, because there are already big issues with the SFPD on the table. He said the Alejandro Nieto shooting would be a focus moving forward.

In our last story covering the shady politics behind Hwang’s appointment, we likened the political machines supporting him to the Game of Thrones House Lannister (the purported villains of the show). Hwang wanted to set the record straight. 

I think Ivy [his partner and Sup. Kim’s legislative aide] took one of those personality tests for me,” he said, “it came back as Jon Snow.”

Jon Snow is the closest thing Game of Thrones has to a hero.

Image below: A Guardian file photo of Victor Hwang, newly appointed by the Board of Supervisors to the Police Commission.

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Alerts: April 23 – 29, 2014

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WEDNESDAY 23

 

SF Public Defender’s Justice Summit

Koret Auditorium, San Francisco Public Library. www.tinyurl.com/justsummit. 30 Grove, SF. 9am-3pm, free. The Jury Is Out: The San Francisco Public Defender’s Justice Summit is a free public event exploring today’s most compelling criminal justice issues. Speakers will include San Francisco Public Defender Jeff Adachi, Nell Bernstein, author of Alone in the World: Children of the Incarcerated, Quentin Kopp, retired judge and former San Francisco supervisor, and more. The keynote speaker will be Gloria Killian, who was unjustly convicted of masterminding the 1981 robbery and murder of an elderly man and exonerated in 2002. Today, Killian is an attorney and the author of Full Circle: A True Story of Murder, Lies and Vindication.

 

THURSDAY 24

 

Forum on economic inequality

Unitarian Universalist Center, 1187 Franklin, SF. 7-9pm, free. San Francisco now ranks as the second most economically unequal city in the country. Tech companies get tax incentives. Rents rocket. So what’s next? Join Tim Redmond, editor of 48 Hills and past editor of the San Francisco Bay Guardian, to discuss this critical question.

 

 

Postal workers against privatization

Staples, 1700 Van Ness Avenue, SF. 10am-4pm.free. www.stopstaples.com. U.S. Postal Service workers unite again in an effort to combat the growing tide of privatization. The U.S. Postal Service and office-supply retail chain Staples have cut a deal that will replace some full-service post offices with smaller centers inside Staples stores — not staffed by USPS employees. Thus, postal service union members are organizing a national day of action targeting Staples stores nationwide.

 

FRIDAY 25

 

Poetry against displacement

Manilatown Heritage Foundation, 868 Kearny, SF. manilatown-heritage-foundation.org. 6-8pm, $5. In the spirit of activists Al Robles and Bill Sorro, the Manilatown Heritage Foundation invites you the community to join poets and musicians as they speak out against eviction and displacement in San Francisco. This event will honor tenants who are fighting eviction in San Francisco with poetry and music. Poets/Performers include: Alejandro Murguia, Avotcja, Caroline Calderon, Luta Candelaria, Luis J. Rodriguez, Jorge Argueta, Oscar Penaranda, Lou Syquia, James Tracy, Rupert Estanislao, Michael Warr, Po’ Poets of POOR Magazine, Marvin K. White, Neeli Cherkovski, Alan Kaufman, Genny Lim, Pete Yamamoto, Jack Hirschman, Agneta Falk, Pearl Ubungen, E Bone 415, Tommi Avicolli Mecca, and more.

 

SATURDAY 26

 

California on fire: climate chaos, inequality, urban transformation

McCone Hall, UC Berkeley campus, Berk. Californiastudiesassociation.berkeley.edu. 9am-5:30pm, free. Registration required. This daylong annual conference of the California Studies Association will examine fire from a wide variety of perspectives. How is it linked to climate change? Insurance policies? Real-estate prices? Join a wide array of academic experts for what promises to be a day of fascinating discussion.

 

SUNDAY 27

 

People’s Park 45th Anniversary

Celebration People’s Park, 2556 Haste, Berk. noon-6pm, free. Join the celebration of People’s Park’s 45th anniversary with live music, speakers, dancing, drumming, free food courtesy of Food Not Bombs and more — all in honor of one of the world’s most unique social experiments.

Cops on campus

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Historic new protections are now in place for children facing police action in the San Francisco Unified School District.

Reforms include having a parent present when police question a child, tracking police presence in schools, and using a more lenient approach than simply dragging kids off to the police station or juvenile hall. All of these may be strengthened by a new memorandum of understanding (MOU) between the SFUSD and SFPD.

The MOU, passed by the Board of Education at its Feb. 25 meeting, places new restraints on police officers when they come into schools, with specific outlines for when schools should call police, board President Sandra Lee Fewer told the Guardian.

“It’s about changing student behavior, versus punishment,” she said. The agreement dovetails with the district’s new restorative practices initiative aimed to decrease reliance on suspensions to correct behavioral problems (see “Suspending judgment,” 12/3/13).

All sides say the MOU is strong, but one section was weakened shortly before it was voted on. In the final hour before the MOU was brought before the Board of Education, the police revised the language of the agreement.

One important word was changed in a section describing how police are to respond to student crime on school grounds: a “shall” became a “should.” Critics say that change transforms the contract from a legally binding agreement signed in goodwill to a mere suggestion of cooperation from the police.

“To a civilian, those are everyday words. To a police officer, they’re the difference between always and never,” Police Chief Greg Suhr told the Guardian.

At a Jan. 14 Board of Education meeting, members of Coleman Advocates for Children and Youth told the board that this contract was no mere suggestion: It is vital to the safety of children.

Kevine Boggess of Coleman Advocates worked on the agreement for over two years, explaining to the board why “shall” was so important: “We feel like this is something that’s necessary for this document to really stand true, to make sure students are treated with respect and not introduced to the criminal justice system.”

Boggess said cops need stringent rules. But to see why those rules are necessary, we need to revisit a dark day in San Francisco history, when police discretion turned a school brawl into a riot.

 

MELEE PROMPTS REFORMS

To those who remember, that day in 2002 is known as 10/11. Board of Education member Kim-Shree Maufus remembers that day well.

Maufus was sitting at work when her friend, a teacher, emailed her alarming news: Maufus’ daughter was in danger. She was a sophomore at Thurgood Marshall High School, and the entire school was under attack.

Barriers blockaded the streets around Thurgood Marshall and helicopters swarmed the skies. At least 100 armored officers stormed the school, weapons at the ready.

“They were beating them. When my daughter got on the phone, I couldn’t understand her. It wasn’t English. Later, I understood it was a nervous breakdown,” Maufus told the Guardian.

The book Lockdown High recounted the incident in which Maufus’ daughter and dozens of other students, as well as teacher Anthony Peebles, were batoned by police and injured.

The San Francisco Bay View’s article on the incident quoted a student who saw the violence escalate: “‘We were coming out of the office as the fight was going on, and an officer took his gun out at one of the students and told him, ‘Don’t make me use this,’ said Ely Guolio, a student. ‘I was shocked.'”

The police allege they responded to a riot, and although four students and a teacher were arrested, all charges were later dropped, according to a San Francisco Chronicle report from 2003.

In the incident’s wake, Coleman Advocates and other groups called for change. Proposition H was passed by San Francisco voters in 2003, reforming the Police Commission to provide better civilian oversight of the SFPD.

But negotiations around an MOU between the police and the school district stalled for years. The tensions between the two bodies were high.

“Police would come to schools and arrest students, saying the students were re-igniting incidents from Thurgood Marshall,” Maufus told us. “The Thurgood Marshall melee was absolutely the catalyst to get the conversation started on how to structure police on school property.”

In 2005, an MOU was crafted, but many viewed it as ineffectual. Although this new agreement between the SFPD and SFUSD has many strong new rules, one rule was weakened that pertains to the violence of 10/11.

The section in question reads: “Subject to the exception described below, when SFPD officers make a school based arrest they should (emphasis ours) use the graduated response system outlined below.”

The graduated response system sets rules for police officers when they enter a school to make arrests for low-level offenses. It’s a “three strikes” rule: the first offense warrants admonishment or counseling, the second offense asks for the same or a diversionary program, and the third recommends a juvenile be placed in probation or a community counseling program.

“It’s definitely less binding,” Fewer told the Guardian. “But the police chief would not sign it with more binding language.”

Suhr said he doesn’t want his officers restricted in an emergency. “You can’t take all discretion away from a police officer, and expect that officer to assume liability (for the situation),” Suhr said.

Some said the SFPD of today is easier on students than 12 years ago. Juvenile arrests are down, with just over 600 felony juvenile arrests in 2012 compared to 1,100 in 2003, according to SFUSD data.

 

COOPERATIVE APPROACH

Implementing a restorative justice model and new standards for police in the schools isn’t just a matter for the SFPD, but for individual school administrators as well, with Fewer noting that the SFUSD sometimes calls the police for routine disciplinary matters.

The Guardian profiled one such student in “Suspending Judgment,” telling the story of a school official who called on the police to discipline a kindergartner throwing a tantrum. Suhr agreed, “You can’t have police officers enforcing school discipline.”

The MOU now seeks to address that problem in a section directing school administrators to only call the police for public safety concerns and crimes. And though the MOU is not as ironclad as advocates may have wished, there are still many wins for reformers.

One of the authors of the agreement, Public Counsel’s Statewide Education Rights Director Laura Faer, said the new mandate for data collection is one of the key sections of this MOU. Now, the SFPD will report how many times officers have entered school grounds to arrest students.

“There will be a regular dialogue with the community about arrests,” she said. “It’s extraordinary.”

The agreement also has mandates for training with the SFPD on school policies. And, as Fewer reminded the Guardian, this is a living document. All parties now have new promises to live up to.

“This is the beginning,” Faer said, “this is not the end.”

SFUSD students may get new police protections

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Students who run afoul of the police may gain new protections under an agreement between the San Francisco Police Department and San Francisco Unified School District up for vote at tomorrow’s Board of Education meeting

The new agreement explicitly calls for parents to be notified when their children are taken into the custody of police, or are questioned as a victim or a witness. The agreement also introduces graduated steps that increase the burden on school administrators and the police to exhaust all other options before arresting a student.

“What we’re outlining in this policy is that the school system has the first responsibility to ensure discipline and safety, but we don’t want to overreact or push students toward the criminal justice system unless it’s absolutely necessary,” Board of Education Commissioner Matt Haney told the Guardian.

Under the current rules, police officers have been known to discipline kindergartners in San Francisco public schools at the behest of school administrators.

The Guardian touched on this issue briefly in our coverage of suspension reform (“Suspending Judgement,” Vol. 48, Issue 10, Dec. 4): 

He was five years old, and as kindergartners sometimes do, he threw a temper tantrum. In the school’s desperation to contain him, officials called the SFPD.

‘The police only came one time,’ Desamuel, now seven, told the Guardian. Sitting in his San Francisco home with his uncle Lionel, Desamuel sounded ashamed. ‘But I didn’t go to jail because they only put kids in jail for being bad, like kids taking guns to school.’

(Desamuel’s uncle and guardian) Lionel struggled with the school’s administration, and asked them to try less punitive ways of handling his nephew. ‘I told them to just hug the boy. Their response was ‘it’s hard to hug someone swinging at you.’

But it wasn’t just that the police were called in to handle his five year old nephew that set off Desamuel’s uncle and guardian, Lionel Hill. It was that they were brought in without his knowledge. 

If the new agreement passes a vote by the board, parents and guardians will be in the disciplinary process with police from the beginning. The disciplinary process itself may change too.

Before the police can bring students into the juvenile justice system, the new rules would allow them a series of graduated offenses. A first offense would bring an official warning notice, a second offense allows the officer to recommend the student into a diversion program, and only on the third offense can an officer bring that student to juvenile probation. 

Since 2009, over 50 students aged 12 or younger have been arrested at school, according to SFPD data compiled by Huckleberry Youth Services. 

United Educators of San Francisco President Dennis Kelley praised the potential for better communication among all involved. “You don’t want things going on with kids that are isolated from the parents,” he told us. “I think having coordination between the board, parents, and police is a positive step.” 

Coleman Advocates, an education and social justice group in San Francisco, was a driving force behind the new changes. 

“We’re putting the responsibility for student behavior back where it belongs, with educators, students, and parents, not with police,” said Karn Saetang, director of Student Organizing at Coleman Advocates. “When police get involved in school discipline, it sends all the wrong messages to students and makes it more likely they will fall behind, fail to graduate, or get involved in the juvenile justice system.” 

These changes come on the heels of new disciplinary reforms tasking the SFUSD with implementing new “restorative practice” interventions in lieu of suspensions, ending zero tolerance discipline that is falling out of favor nationally, according to a recent editorial by the New York Times

It looks like better days are ahead for students in the SFUSD. 

Suspending judgment

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joe@sfbg.com

The Guardian is publishing only the first names of minors and their relatives named in this story, to protect their privacy.

In San Francisco public schools students can be sent home for talking back to a teacher, wearing a hat indoors, or sporting sagging pants. These infractions sound like the daily life of a kid, but the state calls them “willful defiance,” a category of suspensions that are nebulous to define at best.

Like the old saying about pornography, teachers say they know it when they see it, but students and parents alike are now calling foul on the practice.

The suspensions are so abundant in the San Francisco Unified School District that a movement has risen up against it. Sending kids home not only is an ineffective punishment, opponents say, it also can lead youth into the criminal justice system.

Now San Francisco Board of Education Commissioner Matt Haney is proposing a resolution that would ban willful defiance suspensions in San Francisco schools altogether.

“There will still be situations where we need to send a student home, but willful defiance will not be one of those reasons,” he told the Guardian. “Change is hard, complicated, and messy. But we can no longer deal with discipline or interactions with our students in that sort of way.”

He plans to introduce the resolution at the Dec. 10 Board of Education meeting, and if it passes, he said full implementation may take until the next school year.

There’s a fight to ban willful defiance suspensions statewide as well, but so far it’s been stymied. Just last month, Gov. Jerry Brown vetoed Assembly Bill 420, a bill mirroring aspects of Haney’s proposal. Those advocating for such a ban say it’s an issue of racial justice.

San Francisco’s African American and Latino students together suffer 80 percent of willful defiance suspensions, according to SFUSD data. The nonprofit student group Coleman Advocates for Children and Youth decried this statistic as an injustice, supporting the ban.

The San Francisco Board of Education took tentative steps to reduce suspensions as a whole in 2010, voting to introduce a new disciplinary system called Restorative Practices district wide. It’s complex, but basically asks students to talk things out in what are called “restorative circles” that include everyone involved in an incident, like a fight.

It’s also about changing the culture around discipline. It encourages teachers and students to establish a rapport, turning around the way some schools have practiced authority for decades.

At the time, there was hope. Fast forward three years, and that hope has dwindled.

Early evidence shows that Restorative Practices work better than suspensions, and prevent behavioral problems down the road, too. But out of SFUSD’s more than 100 schools, less than half of them started to implement the new reform.

Few schools have fully integrated the change, officials told us. Haney’s resolution addresses this with a mandate: SFUSD must implement Restorative Practices throughout the San Francisco school district.

The program is important, proponents say, because the majority of the 55,000 students a year moving through San Francisco schools still face school discipline that can set them way back in school and later may lead to incarceration. And suspensions can be levied for the smallest of infractions.

Cupcakes and justice

Xochitl is a 15-year-old SFUSD sophomore with long brown hair. She watches the TV show Supernatural (Dean is cuter than Sam) and yearns to one day live with her relatives in Nicaragua. Years ago on her middle school playground, she once faced a hungry child’s ultimate temptation: Free cupcakes.

The baked goods sat in a box on the cement by the playground, unattended. The frosting sat un-licked, the wrappers unwrapped.

She and her friend looked around, searching for a possible pastry owner nearby. Runners circled around the track in the distance, but no one else was around. The cupcakes met a satisfying fate inside Xochitl’s belly. The next morning went decidedly downhill.

As she walked into school, the counselor told her to go home: she was suspended.

“The cupcakes belonged to this girl because it was her birthday,” Xochitl said, something she found out only once she was being punished. “They went straight to suspension, they didn’t even let me speak.”

Restorative practices would have sat her with the birthday girl to explain her mistake and apologize. Maybe she would’ve bought the girl new cupcakes. That wasn’t what happened.

Suspended, Xochitl spent the day at her grandparents’ house. Not every suspended student has a safe place to go. Some turn to the streets.

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In October a group of mostly black young students marched to the Board of Education to protest willful defiance suspensions. The group, 100 Percent College Prep Institute, formed in the ashes of violence.

“I drive a school bus for a living, and I had a boy on my bus who was not bad, but not good,” said 100 Percent College Prep Institute co-founder Jackie Cohen, speaking with the Guardian as she marched with her students. “When we got back from Christmas break, he wasn’t back on the bus. Turns out he decided to ‘live that life.’ Three days later, I found he was shot and killed.”

In some communities the jaws of crime and drugs are forever nipping at their children’s heels. A child inside school is safe. Suspensions throw the most vulnerable students into the wild.

“Preventing crime in San Francisco begins with keeping children in the classroom,” SFPD Chief Greg Suhr wrote in a letter to the SF Examiner last year. “Proactive policies, such as the ‘restorative practices’ implemented by the SFUSD, emphasize the importance of building positive relationships while holding kids accountable for their actions.”

Black students make up about 10 percent of SFUSD’s population, but they represented 46 percent of SFUSD’s total suspensions in 2012, according to SFUSD data. Latino students represented about 30 percent of suspensions.

The racial disparity of suspensions mirror the disparity of incarceration. A study by nonprofit group The Advancement Project found that in 2002, African American youths made up 16 percent of the juvenile population but were 43 percent of juvenile arrests.

Xochitl sees that with her own eyes every day.

“Some kids turn to the streets, you know. I’ve seen people younger than me go to jail,” Xochitl said. “I was on Instagram and saw a friend locked up. I knew that girl, she’s in my PE class.”

It’s one of our country’s many shameful open secrets. Nearly half of all adult men in the United States serving life sentences are African Americans, and one in six is Latino, according to data from the nonprofit group the Sentencing Project.

Fathers and sons, mothers and daughters, all trapped in a cycle of poverty to prisons that for some starts at school.

“As a school district, when that’s staring us in the face, we can’t not do something about it,” Haney said.

Sometimes it begins when students are still learning their ABC’s.

Bruises inside and out

Restorative Practices are implemented from kindergarten to high school.

“If [students] don’t have a sense of belonging… that’s going to prevent schools from addressing behavior,” Kerry Berkowitz, the district’s program administrator of Restorative Practices, told us. The seeds of mistrust are planted when students are young.

Desamuel could not yet spell the world “police” when he first met them.

He was five years old, and as kindergartners sometimes do, he threw a temper tantrum. In the school’s desperation to contain him, officials called the SFPD.

“The police only came one time,” Desamuel, now seven, told the Guardian. Sitting in his San Francisco home with his uncle Lionel, Desamuel sounded ashamed. “But I didn’t go to jail because they only put kids in jail for being bad, like kids taking guns to school.”

The memory angers Desamuel’s uncle, who feels restorative practices would have prevented the misunderstanding. His home is a testament to bridge building.

Lionel, his brothers and mother all pitch in to take care of Desamuel while the boy’s father makes what he calls “a transition.” The home is large by San Francisco standards. Drawings of Spiderman and Batman line the wall, equal in number only to the portraits of their family, most of whom live in the city. There’s a lot of care in Desamuel’s life. That hasn’t stopped his tantrums, though.

The family tried to get him therapy, psychological analysis, anything to help. But as any parent can tell you, sometimes a child just needs love.

Lionel struggled with the school’s administration, and asked them to try less punitive ways of handling his nephew. “I told them to just hug the boy. Their response was ‘it’s hard to hug someone swinging at you.'”

The last time Desamuel fought a student he was tackled to the ground by a school security guard. The now-second grader came home with a bruise on his face.

“When I was bad I hurted the children. I wasn’t supposed to get up, and couldn’t get up off the ground. He took me by the arms and legs,” Desamuel said.

The problem with outsize use of suspensions and punitive action, Berkowitz said, is that it breeds a fear of school that shouldn’t exist. Desamuel is no different.

“I got sent to the office and I had to go to the principal’s office and they talked about me being bad,” Desamuel said. “I think because I make too much trouble I have a lot of problems and they don’t want me to be there.”

Cat Reyes is a history teacher who is now a Restorative Practices coach at Mission High School. She said transformation in behavior is the whole point.

She told the Guardian about a student recorded a fight on film. The two fighting teenagers tried to let the incident go, but with the video online for all to see their pride came between them. If the school suspended the girl who recorded the fight there may never have been resolution. The wounds would fester.

But now the girl will join a restorative circle and explain her actions to those involved in the fight, and their parents. That’s far more daunting to kids than simply going home for a day, Reyes said. It doesn’t just stop at the talk though. “On one end she has to say sorry,” Reyes said. “But now she may go to the media center and create a [movie] about it on our closed circuit TV. The consequence fits the crime.”

As students talk out their differences enemies can become friends, she said. After all, the goal is to correct bad behavior and break destructive cycles. Yet less than half of the schools in SFUSD are employing Restorative Practices.

Slowly but surely

One of the biggest critiques of Restorative Practices is that it removes consequences. That’s the wrong way to look at it, Berkowitz said: “When people say consequences, they mean punishment. We want to work with students to find root causes.”

The numbers back her up: 2,700 SFUSD staff members have trained in Restorative Practices, according to data provided by the district. This consequently led to a strong reduction in suspensions, the district says, from more than 3,000 in 2009 to about 1,800 last year.

SFUSD recognized a good thing when it saw it, growing the Restorative Practices budget from $650,000 in 2009 to $900,000 in 2013.

But only about 25 schools started measurable implementation, Berkowitz said. She put it plainly, saying the program is in its infancy. “Are they ‘there’ yet?” she said. “No.”

“Our team is pretty maxed out,” she said. “To really bring this to scale and implement Restorative Practices, there’d need to be a lot of discussions around that.”

Asked how much she’d need to fully fund the program across all schools, she was evasive. Haney was more direct. When asked if his resolution tied funding to the mandate of implementing Restorative Practices district-wide, he admitted that a funding source hadn’t yet been identified.

“Mostly we hear there needs to be more: more support, more social workers, more people in schools to make this functional,” he said. “It’s a longer term challenge.”

That solution may emerge as the resolution goes through the approval process, but the program faces other problems besides funding.

Teachers have depended on suspensions as a tool for years. Money is one thing, but changing educators’ minds about discipline is another.

The “R” word

Martin Luther King Jr. fought for the integration of schools, but in a speech about Vietnam he said something that could apply to the SFUSD today.

“Life and history give eloquent testimony to the fact that conflicts are never resolved without trustful give and take on both sides,” the southern preacher said in one of his last speeches before his death.

There is one issue simmering under this entire debate, festering, unspoken. Why are black and Latino students suspended more than other groups? Is this system inherently racist?

It’s a tough question. Teachers are notoriously underpaid, overworked, under supported, and asked to enforce the newest policies at the drop of a hat. The teachers the Guardian spoke to all described a packed year filled with new methods to learn, all with a common purpose — a love of their profession and a love of their students.

“There’s a hesitancy to talk about race with this,” said Kevin Boggess, civic engagement leader for Coleman Advocates, the group leading the charge for the willful defiance ban.

Nevertheless the question of racism permeates the discussion. Xochitl felt persecuted as one of the few Latinas in a mostly Asian middle school.

In the case of Desamuel, the young black child who had the police called on him at age five, his uncle stressed the need for culturally aware teaching. Lionel said Desamuel was well-behaved when he had an authoritative, elderly black female teacher, but acted up in the hands of substitutes who weren’t black and whom he characterized as “young and new” to teaching. Then again, the principal who called the police to handle Desamuel was herself black.

Norm “Math” Mattox is a former James Lick Middle School math and science teacher, and he said from his perspective as an African American he’s seen the issues Haney’s resolution addresses clear as day.

“My sense is that teachers might be blowing the alarm a little bit too soon as far as their brown and black students are concerned, especially the boys. They don’t know how to manage them,” he said. In his experience, misbehaving children are sent out of the room too soon.

In the short term, suspensions are an expedient tool, but punishment without communication does long lasting damage. “The dynamic between teacher and student did not get resolved inside of the class,” he said.

One SFUSD school tackled the specter of racism head on. Mission High School is at the vanguard of what its principal calls “anti-racist teaching.”

Mission High has a higher African American student college placement rate than many SFUSD schools, a group that struggles to perform elsewhere. And as a designated “newcomer pathway” for new immigrants, the school has 40 percent English language learners.

Mission High’s principal, Eric Guthertz, is energized by the challenge. He revamped the way the school teaches to address race and ethnicity directly.

The geometry teachers use Bayview district planning data to illustrate mathematical lessons, and teachers look at grades by ethnicity and address disparities directly.

Guthertz credited Restorative Practices with lowering the school’s suspensions. SFUSD data shows Mission High’s steady suspension decline, with a 14 percent suspension rate in 2009, before the program started, and down to a 0.4 percent suspension rate by 2012.

missionprincipal

Mission High School Principal Eric Guthertz. Guardian photo by Brittany M. Powell

“We’ve deeply embraced Restorative Practices,” he said.

Next week San Francisco will see if the Board of Education will take the same leap Gutherz did. As he is quick to point out, shifting the culture at Mission High School took years.

The Guardian contacted members of the school board, but did not hear back from them before press time to see how they may vote.

Either way, it’s time for SFUSD to change its ways, Haney said. But no matter what side of the matter you fall on, he said, it’s important to remember one thing.

“Everyone involved in this conversation wants to do better by these students,” he said.

The San Francisco Board of Education will vote on the ban of willful defiance suspensions and full implementation of Restorative Practices at their Dec. 10 meeting.

We give thanks

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EDITORIAL We offer a lot of criticism here on the Guardian’s editorial page, which is probably inescapable given the obvious failures of our political and economic systems to address the needs of the people and the planet and to uphold the progressive values that the Guardian and much of the Bay Area supports. We have so much potential, and it’s sometimes maddening when we fall short of realizing it.

So, this week, in the spirit of Thanksgiving, we’re going to put a positive spin on the civic scene and talk about some of the things that we’re thankful for.

We’re thankful to live in such a beautiful, vibrant place. San Francisco is one of the greatest cities in the world, both physically and culturally. And we’re thrice blessed to have Marin County and the East Bay — particularly the progressive and diverse cities of Oakland and Berkeley — just a short bridge ride away. Layer on top of that the nearby Sierras, Sonoma County, and the coastline from Point Reyes down to Santa Cruz and this is perhaps the best region on the planet.

We’re thankful to have a functional, modern transportation system that offers plenty of good alternatives to the automobile. While there’s certainly room for improvement, BART is an amazing transit system that closes the gap among the Bay Area’s many diverse communities, while Muni does a good job at ferrying huge numbers of people around this bustling city. Caltrain is a great link down the peninsula and we’re super excited to see it electrified and that transportation officials are working hard to connect downtown San Francisco to downtown Los Angeles with a long overdue high speed rail line. And we love how San Franciscans have embraced bicycles as an important everyday transportation option.

We’re thankful that so many smart, interesting, creative people have been drawn to San Francisco and its environs. This is home to recognized global leaders in pursuits ranging from technological innovation to progressive and environmental organizing and advocacy. We’re proud of the political initiatives hatched here in the Bay Area, from marriage equality to criminal justice reform. We have a cornucopia of artists and musicians tucked into every little nook of the city, from the stage of Slim’s to the studios of surreal Hunters Point Shipyard. And the locals here cook up some of the world’s best culinary offerings, from a plethora of fancy restaurants to quickie taquerias to surprisingly bountiful food trucks.

And we’re really thankful for you, the person reading these words. The Guardian has been around since 1966 because of the support of our readers, our advertisers, and our community, and we’re grateful that you’ve all given us the opportunity to offer the news, views, and reviews that are helping to shape this wonderful place. Happy Thanksgiving.

 

Civil rights attorney John Burris to sue SFPD over alleged Valencia Gardens profiling

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Prominent civil rights lawyer John Burris will sue the SFPD on behalf of the family of D’Paris “DJ” Williams, after a neighborhood brawl involving police at the Valencia Gardens housing project that Burris called “outrageous.” 

Last Friday, 20 year old D’Paris Williams was bicycling to his cousins’ house from the Batkid festivities downtown when plainclothes police officers from the Violence Reduction Team, a narcotics and firearms reduction squad, attempted to detain him for riding his bike on the sidewalk. In the confusion, a brawl broke out with the police, Williams, and three neighbors. Video was recorded of the incident, which quickly went viral. 

After seeing a bloody and beaten Williams carried to a squad car by police in the video clip, his family and the residents of Valencia Gardens have posed the question: why? 

Why did plainclothes officers tasked with the mission of seizing guns stop a young man coasting on his bike on a sidewalk for a few feet? The family said they believe Williams was targeted because he was a young man of color visiting a housing project.

“When young people are brutally assaulted by the police, there must be accountability,” Burris told the Guardian.

Williams’ step-father, Frank Williams, an ex-offender who now works with the Center on Juvenile and Criminal Justice, was shaken when he first heard what happened to his son, DJ. “I know there are some good cops, some are my friends,” he said.  “But there are some bad cops. What ran through my mind was how he got profiled like that, just because. I don’t like how it happened, and how they justified it.”

The SFPD was unavailable for comment at press time. All they found on DJ Williams was juice and a cupcake. 

A protest defending D’Paris Williams and the three other men hurt and detained in the brawl marched in the Mission Tuesday, and another protest is planned for tonight at 5pm at 15th and Guerrero. 

Click here for our previous coverage of the Valencia Gardens incident

Reduce California’s prison population

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EDITORIAL California must reduce its prison population — as federal judges have been ordering for years to address severe overcrowding and substandard health care — and it should use this opportunity to completely reform its approach to criminal justice.

Instead, Gov. Jerry Brown has chosen to fight this reasonable directive, exporting thousands more of our inmates to other states and propping up the unseemly private prison industry in the process by signing a $28.5 million contract with Nashville-based Corrections Corporation of America.

Last month, the federal judges overseeing California’s prison downsizing once again extended their Dec. 31 deadline for the state to cut its 134,000-person prison population by another 9,600 inmates, pushing it back to Feb. 24 while the state and lawyers for the prisoners try to negotiate a deal. An update on the status of negotiations is due Nov. 18.

We urge Gov. Brown to follow the lead of his fellow Bay Area Democrats in choosing a more enlightened path forward. Assemblymember Tom Ammiano (D-SF), who chairs the Assembly Public Safety Committee, has convened several recent hearings looking at alternatives to incarceration, including one on Nov. 13 focused on diversion and sentencing.

“I’m hoping to come up with a sentencing reform bill out of this hearing,” Ammiano told the Guardian, expressing hopes that Californians are ready to move past the fear-based escalation of sentences that pandering politicians pushed throughout the ’90s, continuing the progress the state has already made on reforming Three Strikes and some drug laws. Sen. Mark Leno has also provided important leadership on these issues.

There’s no justification for California to have among the highest incarceration rates in the world, four times the European average, and we should embrace the mandate to reduce our prison population with everything from sentencing reform to addressing poverty, police and prosecutorial bias, early childhood education, and other social and economic justice issues.

Closely related to reducing our prison population, at least in term of dropping the “get tough” attitudes that undermine our compassionate and humanity, is treating those we do incarcerate more humanely.

Ammiano and Sen. Loni Hancock (D-Oakland) helped end this summer’s prisoner hunger strike by holding a hearing on improving conditions in the prisons, including the possibility of abolishing cruel solitary confinement practices, as the United Nations recommends and even Mississippi has managed to do. And we think abolition of capital punishment should remain an important near-term goal.

Brown isn’t the most progressive on criminal justice issues, following in an unfortunate tradition of Democratic governors who fear being called soft on crime. But Ammiano sees hopeful signs of potential progress, and he has our support. Now is the time to move California’s criminal justice system into the 21st century.

Home from prison

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rebecca@sfbg.com

Danielle Evans, director of Women’s Services at the Center on Juvenile and Criminal Justice, likes to tell the story of a woman who managed to turn over a new leaf after spending a year in a residential support program.

The client was found on the streets of San Francisco, pregnant, after an overdose. She was over 40, had never graduated from high school, and had a string of drug offenses on her rap sheet. She had multiple children who had been given up for adoption, and she was homeless.

But after getting emergency treatment at San Francisco General Hospital and entering substance abuse counseling and transitional housing from there, she was able to overcome her drug addiction, regain custody of her daughter from Child Protective Services, and enroll in a vocational program for janitorial work.

The woman was aided through a yearlong stay at Cameo House, a transitional home for homeless pregnant women and new moms run by CJCJ. After living there with her daughter while getting pointers on parenting from the staff, she’s now working toward her GED and has a goal of landing a job — something she’s never had.

“I’m like, look where you came from and where you are today,” Evans reflected. The client’s daughter is now a healthy two-year-old, Evans said, and “she is so motivated to be a good mom.”

It’s not a typical narrative. A recent event hosted by New America Media focused on the personal stories of Bay Area youth who’ve grown up with parents entangled in the criminal justice system. More often, those parent-child relationships are strained or nonexistent, especially in cases where parents are far away from home, serving out prison sentences.

 

CHILDREN OF REENTRY

For many, having a parent behind bars has the potential of becoming a vicious cycle, but new realizations about how harmful that childhood experience can be are giving rise to a new way of thinking about how to deal with parents in the criminal justice system.

New approaches include alternatives to incarceration, something that’s gaining momentum in this era of prison overcrowding and realignment, which has shifted some responsibility of housing inmates from the state to California counties.

Children of incarcerated parents are three times as likely as their peers to wind up in the criminal justice system, Jessica Flintoff, director of the Reentry Division at San Francisco’s Adult Probation Department, said at the New America Media forum in downtown San Francisco. Some policies that the county has embraced are designed to factor in long-term youth impacts, at the time when key decisions are being made about their parents’ fates.

The event featured a series of short films and multimedia projects spotlighting the experiences of youth and their formerly incarcerated parents, with a focus on what happened when the parents returned home.

Young producers, working with the nonprofit Silicon Valley DeBug and community newspaper Richmond Pulse, created the projects through hours of interviews in which parents and kids divulged intensely personal details about their experiences. The idea behind the Children of Reentry media project was to open up a conversation that kids with incarcerated parents often shy away from, because of an associated stigma.

The project conveyed intimate narratives about an experience that an estimated 2.7 million children of incarcerated parents are familiar with nationwide: A son who got to know his father in a prison visitation room; a mother who gave birth to her daughter in prison only to be separated until completing her sentence; a father who barely knew his daughter before her 21st birthday because he’d been in prison for the duration of her childhood.

 

WHAT DO KIDS NEED?

In San Francisco, the mission of the San Francisco Adult Probation Department explicitly includes a goal of “breaking the intergenerational cycle of incarceration,” Flintoff explained at the forum.

The city tries to take a child’s needs into account before the parent is sentenced, she said. Under this system, a deputy probation officer is required to conduct an investigation into the needs of the affected children, and even maps out a genogram of the convicted person’s familial ties, to convey to a judge what kind of situation the child will wind up in once their parent is imprisoned.

The sentencing then takes this background information into account. “The criminal justice system is a series of decisions,” Flintoff said. “We can make different decisions at every turn.”

The impact of parental incarceration on youth has been a hot topic lately. In August, a White House conference was devoted to understanding the problem, which is fueled by an American incarceration rate that’s four times higher than it was in the 1970s.

Research has yielded sobering data. According to the American Bar Foundation, which hosted the White House conference, roughly half of all inmates serving time in U.S. prisons are parents. Communities of color are disproportionately impacted — nationwide, one in four black children has had a parent behind bars at some point. These youth tend to have a tougher time once they reach adulthood, with typically lower rates of academic achievement, decreased chances of graduating from college, and a higher percentage facing unemployment.

“I feel like I saw both of my parents in each video,” Mailee Wang said after the series of short film screenings, tearing up a little. Wang, whose mother and father each spent time in prison, is now program director at Project WHAT! (We’re Here And Talking), an initiative run by local nonprofit Community Works that aims to assist these impacted youth.

“Having a prison mentality is real,” she added. “How do you lock somebody up, and keep them from their kids, and release them, and expect that prison mentality to turn off? It’s chaos when the person returns home. People talk about family reunification, but what does that look like?”

SERVICES INSTEAD OF PRISON

Meanwhile, a new partnership between San Francisco and CJCJ seeks to eliminate the traumatizing effect of parental incarceration by swapping out time behind bars for a different rehabilitative approach. That option involves sending would-be inmates to Cameo House, the transitional home that already helps homeless moms to get on track as providers for their young kids.

Housed in an 11-unit Victorian in the Mission, the center offers group therapy, parenting classes, training for job seekers, and other kinds of support services to help put women in the position of being able to provide for their kids. Cameo House contracts with the Department of U.S. Housing and Urban Development to provide the services, and receives local funding and assistance from private donors.

Under this alternative, pregnant women or mothers with children under six who are facing prison or jail time could be placed in Cameo House instead of being made to spend time behind bars away from their kids.

“It’s an option on the table, where before it was, ‘you’re going to county jail, and there is no other option,'” Evans said. “But we’re saying, ‘hey, let’s try this. Let’s intervene where intervention is needed. Let’s not re-traumatize this family.'”

Supes approve funding request for jail construction

“A Costco warehouse with metal bunk beds” is how Matt Freeman of the San Francisco Sheriff’s Department described one of the county’s outmoded jail facilities, speaking at a meeting in City Hall today (Tue/22). At its meeting, San Francisco Board of Supervisors cleared the way for the Sheriff and the Department of Public Works to request $80 million in state funding to be put toward the construction of a modernized jail.

The new facility would replace seismically vulnerable 1950s era jails that are slated for demolition as part of a larger Hall of Justice overhaul. However, some supervisors voiced reservations about the plan.

As the Guardian recently reported, plans for the $290 million jail rebuild have drawn criticism from community advocates who question the use of resources that could be spent on programs to help people stay out of the criminal justice system.

Sup. Eric Mar, who refused to endorse the grant application at a recent Budget & Finance Committee meeting, piped up at the beginning of this meeting to say he’d had a change of heart. Evidently, Sheriff Ross Mirkarimi and some others from the Sheriff’s Department took him on a tour of the San Bruno jail, the county’s most modern facility, to show him the difference between an outmoded jail and one designed with rehabilitative programming in mind.

“I see now that the need is really critical, for safety for inmates but also … a seismically safe and modern jail,” Mar said. “I’m convinced now that it’s really about … supporting anti-recidivism and rehabilitation programs. I really appreciate the sheriff and his staff for opening my eyes.”

But Sup. David Campos was not yet entirely sold on the need for a new jail. “I am not in a position to say that I support the building of this facility,” he said, but said he could be open the possibility after studying the details. “I do acknowledge that I have a bias – I would rather spend less money building a jail than building other things that I think are better investments for our city. That’s not to say I don’t want the jail population to be taken care of. I clearly do.” His office has requested a hearing on this topic, which will be held in early December.

Sup. John Avalos said he too had found it “difficult to support a jail altogether,” but noted that a debate on that decision would come at a later time. “This is just making sure that we have an opportunity to receive state funding if we decide to rebuild,” he said.

In the end, the request to submit an $80 million grant application for state funding was approved without opposition. But the preliminary discussion suggests that a broader debate over San Francisco’s jail rebuild is on the horizon, and it’s an issue where typical political allies won’t necessarily see eye-to-eye. At the same time, it’s a big financial commitment. According to City Controller Ben Rosenfield, the total cost could be in excess of $500 million after financing is factored in.

Lock-up shake up

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rebecca@sfbg.com

Should San Francisco spend $290 million on a modernized jail to replace the old ones that will be demolished when the Hall of Justice comes down?

That’s been the plan for years, but the Board of Supervisors Budget & Finance Committee started to ponder that question at its Oct. 9 meeting, setting the stage for a larger debate that hinges on questions about what it means to take a progressive approach to incarceration.

The Department of Public Works, in collaboration with the Sheriff’s Department, is preparing to submit a state grant application for $80 million to help offset the cost of rebuilding County Jails 3 and 4, outmoded facilities that are located on the sixth and seventh floors of the Hall of Justice.

That building is seismically vulnerable, and slated to be razed and rebuilt under a capital plan that has been in the works for the better part of a decade. With a combined capacity of 905 beds, Jails 3 and 4 were built in the 1950s and are in deplorable condition.

At the hearing, when supervisors considered whether to authorize the $80 million grant application, Sheriff Ross Mirkarimi said the current state of affairs is so bad that his department had to convert a bathroom to a visitation area because there was nowhere else for inmates to spend time with their kids in the same room. In other areas of the jail, temporarily vacant holding cells sometimes double as classroom space, since the department lacks dedicated areas for conducting classes.

The new jail would be built with somewhere between 481 and 688 beds, based on a lower calculated projected need, and more space would be devoted to programs like substance abuse education, parenting programs, or counseling.

San Francisco currently has five jails, but only one — a San Bruno facility built in 2006 — has what the Sheriff’s Department considers to be adequate space for rehabilitative services. Inmates there can opt to earn a high school diploma or take a course in meditation, and the department wants to build on that design in the new facilities.

Mirkarimi urged committee members to sanction the funding request as a first step toward that goal. “Whether it’s parenting programs or something that goes much deeper, then we need that space to make it happen,” he said.

At the same time, some community advocates questioned the very premise of spending millions on a new jail, arguing that scarce public resources could be better spent on services to prevent people from winding up in the criminal justice system to begin with.

In late August, the American Civil Liberties Union and the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area called for the plan to be reexamined. “We agree that Jails 3 and 4 in the Hall of Justice should be torn down,” they wrote, “[but] we question the need to replace them with a new facility.”

Micaela Davis, criminal justice and drug policy attorney at the ACLU of Northern California, told the Guardian that advocates are seeking to reframe the debate by questioning why a new jail should even be built, rather than focusing on what kind of jail should replace the old ones.

She and other advocates are pushing for the county to explore alternatives to jailing arrestees who haven’t yet gone to trial, or look at ways of reorganizing housing for existing inmates. Given that the jail has been in the capital plan for so many years, she said, “it just seems necessary to reevaluate before moving forward with this project.”

While Sup. David Campos hasn’t taken a position so far, he submitted a request at the Oct. 1 board meeting for a hearing “to have an open discussion about what is being proposed, and to really examine if what is proposed makes sense,” he said. It’s expected to take place in early December at the Neighborhood Services and Safety Committee.

If San Francisco is awarded the $80 million in state funding, it must agree to dedicate $8.9 million of its own funds toward the project, which would be spent on preliminary designs, studies, environmental review, and other early costs, according to a board resolution approving the request.

Speaking at the Oct. 9 committee hearing, Sup. John Avalos responded to activists’ concerns by saying: “The last thing I want to do is build out the prison industrial complex. … I’ve always wanted to make sure we were minimizing what would lead to incarceration of more people.” While he did support the idea of applying for the grant, he did so with a caveat. “I would certainly want to uphold the right to vote against a jail in the future,” Avalos said.

Sup. Eric Mar, on the other hand, would not consent to allowing the funding request. “I can’t, under clear conscience, support this,” he said. In the end, the committee authorized the grant application with Avalos and Sup. Mark Farrell supporting it, and Mar opposed.

California prisoners end hunger strike after Bay Area legislators call hearings

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Bay Area legislators Tom Ammiano (D-SF) and Loni Hancock (D-Berkeley) — who chair the Assembly and Senate Public Safety Committees, respectively — played pivotal roles in today’s decision by California prison inmates to end their hunger strike after 60 days.

The legislators last week called for legislative hearings to consider implementing some of the reforms that the prisoners and their supporters have been calling for, including changes to solitary confinement policies that critics say amount to illegal torture under international law.

“I am relieved and gratified that the hunger strike has ended without further sacrifice or risk of human life,” Sen. Hancock said in a joint public statement with Ammiano. “The issues raised by the hunger strike are real – concerns about the use and conditions of solitary confinement in California’s prisons – and will not be ignored.”

“I’m happy that no one had to die in order to bring attention to these conditions,” Ammiano said. “The prisoners’ decision to take meals should be a relief to CDCR and the Brown administration, as well as to those who support the strikers.”

The question now is whether the legislative hearings, set for next month, can persuade the executive branch to finally take action, despite the fact that both Gov. Jerry Brown and the California Department of Corrections and Rehabilitation have taken a hard line on prison issues, even resisting federal court orders to reduce the population in the severely overcrowded prison system and to improve substandard health care.

Ammiano spokesperson Carlos Alcala told the Guardian that the end of the hunger strike could help end that stalemate: “Mr. Ammiano is hopeful that CDCR’s intransigence has been directed at negotiating under the hunger strike pressure, but that they will now be open to making some changes that are meaningful.”

CRCR head Jeffrey Beard issued a public statement saying, “We are pleased this dangerous strike has been called off before any inmates became seriously ill.”

Issac Ontiveros of the Oakland-based California Prisoner Hunger Strike Solidarity group said the hunger strike generated international attention and support, waking the public up to horrific conditions in the prisons and putting pressure on the CDCR to implement reforms.

“Their demands are legitimate and they are pointing out human rigths violations in California’s prisons,” Ontiveros told the Guardian, noting that Amnesty International and a long list of other groups are putting pressure on California to reform its prison practices. “What made them call off the strike was the political gains that they made…It was a thoughtful civil rights strategy.”

This latest hunger strike was called for and organized by prisoners in the “secure housing units,” aka solitary confinement cells, at the maximum security Pelican Bay State Prison, many of whom have gone years without meaningful human interaction. Court filings indicated that more than 400 prisoners have been locked up in solidary for more than a decade, despite the psychological harm that experts say such confinement causes.   

The prisoners today issued a long statement announcing the end of the hunger strike, which includes this excerpt: “To be clear, our Peaceful Protest of Resistance to our continuous subjection to decades of systemic state sanctioned torture via the system’s solitary confinement units is far from over. Our decision to suspend our third hunger strike in two years does not come lightly. This decision is especially difficult considering that most of our demands have not been met (despite nearly universal agreement that they are reasonable). The core group of prisoners has been, and remains 100% committed to seeing this protracted struggle for real reform through to a complete victory, even if it requires us to make the ultimate sacrifice.  With that said, we clarify this point by stating prisoner deaths are not the objective, we recognize such sacrifice is at times the only means to an end of fascist oppression.

“Our goal remains: force the powers that be to end their torture policies and practices in which serious physical and psychological harm is inflicted on tens of thousands of prisoners as well as our loved ones outside.  We also call for ending the related practices of using prisoners to promote the agenda of the police state by seeking to greatly expand the numbers of the working class poor warehoused in prisons, and particularly those of us held in solitary, based on psychological/social manipulation, and divisive tactics keeping prisoners fighting amongst each other. Those in power promote mass warehousing to justify more guards, more tax dollars for “security”, and spend mere pennies for rehabilitation — all of which demonstrates a failed penal system, high recidivism, and ultimately compromising public safety.”

California’s refusal to reduce its prison population is a sign of deeper problems

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California just doesn’t get it when it comes to criminal justice. We have among the highest incarceration rates in the world (just below Russia’s, and about four times the European average); our prisons eat up far too much of our state budget; they are shamefully overcrowded, secretive, and inhumane; yet politicians from Gov. Jerry Brown on down refuse to show the courage or leadership to try a different approach.

When the conservative-dominated US Supreme Court — which on Friday upheld the lower court requirement that California reduce its prison population by 10,000 by the end of the year — is more progressive and enlightened than California’s leaders, you know there’s something seriously wrong here.

Rather than finally doing the right thing and complying with court orders to reduce a population that is still more than 43 percent over design capacity — despite reducing the population by 46,000 since 2006 because of court orders related to woefully inadequate health care in prisons — Corrections Secretary Jeffrey Beard yesterday responded to last week’s news by saying he will send more inmates to prisons in other states, at a high cost to California taxpayers.

What’s wrong with these people?!?! California prisons already lock up 124,363 people as of July 31, with another 8,959 inmates locked up in Arizona, Mississippi, and Oklahoma prisons at our expense. Tens of thousands more have been sent back to county jails under the state’s Realignment policies (which San Francisco, to the credit of its progressive approach to criminal justice, has managed to absorb and still reduce our jail population, thanks to smart alternatives to incarceration). And yet state officials still can’t get our prisons back to anywhere close to their design capacity?!?!

Of course, doing so would require rethinking decades of mindless “tough-on-crime” legislation that swelled our prison population. They’d probably also need to address the gutting of reentry and rehabilitation programs in the state, as well as conditions in some prisons that drive inmates mad (the subject of an onoing prison hunger strike). And they might even need to reform an economic system that is squeezing those on the bottom — sowing widespread economic insecurity that drives even law-abiding citizens to contemplate desperate measures —  just to maintain the wasteful churn of modern capitalism and the obscenely inequitable concentration of wealth at the top.

Hmm, I do believe that I’m starting to understand the motivations of our elected officials after all, those guardians of status quo power and privilege from both major parties. But if we’re ever going to move toward justice and sustainability, California’s prison system is probably a good place to start. 

After Oscar, after Trayvon…

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rebecca@sfbg.com

Even before Cephus “Uncle Bobby” Johnson picked up the phone on Feb. 27, 2012, he wasn’t having an easy day. His nephew, Oscar Grant, would have celebrated his 26th birthday on that date if he had not been killed by a gunshot wound on Jan. 1, 2009.

Grant was shot by BART police officer Johannes Mehserle while lying face down on a train platform, an incident that was caught on film, prompted riots in Oakland, drew international scrutiny, and became the subject of the award-winning film Fruitvale Station by Oakland filmmaker Ryan Coogler.

In the years since Grant’s death, Johnson and his wife, Beatrice X, founded the Oscar Grant Foundation to develop a support network for families who’ve lost loved ones due to police violence. It was his involvement in this work that led Johnson to be contacted that day, and informed that a 17-year-old boy named Trayvon Martin had been gunned down in Florida one day earlier.

It wasn’t a police shooting but nevertheless, “We knew at this point that we had to go to Florida,” Johnson recalled. “What we’ve decided is that whenever a family experienced that, we would definitely try and get to them.”

Fast forward to July 13, almost exactly three years after violent protests erupted in Oakland following the news that Mehserle, who was charged with second degree murder, had been convicted of involuntary manslaughter instead. A new wave of demonstrations flared up as word spread that George Zimmerman, the neighborhood watch volunteer who killed Martin, had been acquitted.

“We weren’t surprised,” Johnson, who returned to Florida last month to observe the jury selection process for Zimmerman’s trial, told the Guardian. “But it was still painful.”

The verdict in this high-profile case has brought discussions about racial profiling and unequal treatment in the criminal justice system to the forefront. Even President Barack Obama touched on the theme in comments to White House reporters on July 19, saying, “Trayvon Martin could have been me 35 years ago.”

At the national level, new findings on “implicit bias” — unconscious prejudices that research in psychology has shown can persist in individuals (including poorly trained police officers), even if they consciously reject racial stereotypes — has started to inform policy debates around racial profiling.

“Policy needs to recognize that implicit bias exists,” Maya Wiley, founder and president of the New York City-based Center for Social Inclusion, told us. “Rep. John Conyers introduced a bill last year to prohibit racial profiling in law enforcement. That bill, if made law, would collect data on stops by race, as well as provide resources for training. That is a step in the right direction.”

But things get complicated, Wiley says, because “research shows that people of color, women, the elderly, may all experience discrimination as a result of implicit bias. There is no remedy in the law for this. … I think what is important now is to fight Stand Your Ground Laws which empower people to act on their implicit biases.”

At a July 16 rally held on the steps of San Francisco City Hall, Rev. Malcolm Byrd, pastor of San Francisco’s First A.M.E. Zion Church, illustrated his point about racial profiling by donning a hoodie and sneakers at the rally.

“I wanted to come looking suspicious,” he explained. “I wanted to give you an image that America has of young black men. I look suspicious. This is my country. I love my country. Yet, I look suspicious.”

Last year, Mayor Ed Lee’s proposal to introduce a stop-and-frisk policy, which would have allowed police officers to randomly stop individuals who appeared to be suspicious in an effort to get weapons off the streets, was abandoned in the face of widespread community concern.

Officers who undergo training at the San Francisco Police Department Academy must complete 52 hours of “cultural diversity” training, according to SFPD spokesperson Sgt. Dennis Toomer, which includes a mandatory four-hour intensive geared toward preventing racial profiling. State law mandates just 16 hours for such training for law enforcement agencies, Toomer told us.

But despite supplemental police training and the efforts of grassroots organizations that carefully monitor police activity, the Bay Area has witnessed a number of fatal shootings at the hands of police since Grant’s death, and many draw a link between these cases and the broader issue of racial profiling.

When asked about the outreach efforts of the Oscar Grant Foundation, Johnson began to rattle off a long list of names — mostly young black men, from places ranging from Oakland to Vallejo to Stockton to San Leandro — who were killed by police, and whose families his organization has reached out to.

They have also been in touch with several families in New York City who lost loved ones in similar situations, Johnson said. In many cases, the individuals were killed despite being unarmed, and officers later explained their actions by saying they’d mistakenly believed the shooting victims had firearms.

After several years of taking an up-close look at the investigative and legal proceedings that unfold in the aftermath of officer-involved shootings, Johnson has reached the conclusion that from case to case, “The playbook is pretty much the same. The officer first alleges he felt threatened — it’s all about the thought process of the officer. It’s always found to be justifiable because the officer feared for his life.”

One long-term goal of the Oscar Grant Foundation is to build up a coalition that can mount a meaningful challenge to the California Peace Officers Bill of Rights, a law enacted some 30 years ago that affords special protections for law enforcement officers facing misconduct charges. Johnson and others are critical of provisions such as officers’ rights to keep confidential information out of their personnel files, which can prevent significant information from being disclosed during a criminal trial. Meanwhile, others throughout the Bay Area seem primed to push for change in the wake of the Zimmerman verdict. “On Sunday, every black church in the nation was talking about what? Trayvon Martin, and what we need to do,” Andrea Shorter, a member of the San Francisco Commission on the Status of Women, said during the July 16 rally. “Two weeks ago, and we were all standing here as San Franciscans to rejoice … because we knew that LGBT people could be treated as first class citizens. The job is not done.” San Francisco NAACP President Rev. Amos Brown, who organized the rally, vowed that his organization “will push for a civil suit to bring this Zimmerman gentlemen to justice.” The national NAACP is petitioning U.S. Attorney General Eric Holder to open a civil rights case against Zimmerman. Sups. London Breed, Malia Cohen, Jane Kim, and David Campos also delivered speeches at the rally. “For the first time in my life, after growing up and going to funeral after funeral after funeral after funeral, of all boys and black men throughout my life, I see people in this audience who are not African American, who are just as hurt as I am, who are just as sick of this as I am,” Breed said. “And we are all in this together. We have got to work together if we want to change it.”

Trayvon Martin: Guns escalate conflicts

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OPINION The tragedy of Trayvon Martin’s death is not merely the loss an innocent young boy’s life, nor the criminal justice system’s failure to provide justice, though those are wounds we struggle to bear. The tragedy is that these wounds are not unique. We have felt this pain before. Trayvon is but one of thousands of young African American men who have lost their lives to gun violence. And George Zimmerman’s acquittal represents the dismissive attitude our country seems to have about those lives.

People from all walks of life are angry about Trayvon’s death and George Zimmerman’s acquittal. Our anger in the face of such tragedy is understandable. I share it. But I also believe that even in our darkest hours, there is hope. There is something to be learned here.

Let this be the start of a greater debate on gun laws, racism, and our national climate of fear for our own personal safety and the safety of our children.

We have to do something about the prevalence of guns in our society. If not for the introduction of a gun into the situation, Mr. Zimmerman likely would have been beaten up—something he probably deserved—and that would have been the end of it. His firearm needlessly escalated the situation far beyond where it needed to go.

This case is a very real example of a nation that puts someone’s right to carry a handgun over someone’s right to not be pointlessly murdered. Let me add my voice to the multitudes calling for greater firearm accountability.

And why did the situation that night begin in the first place? “Neighborhood Watch” means “watch” and “report suspicious activity,” not “chase” or “pursue.” What is so suspicious about walking, wearing a hoodie, and talking on a cell phone? Nothing. Unless you are black.

Although the African American community is, sadly, used to being profiled, used to grieving the loss of our young boys and men to gun violence, Trayvon’s case has opened the eyes of others who are finally as outraged as we are. For the first time, I feel that something has changed. The outpouring of support from non-African Americans for Trayvon Martin and his family has given me hope that our cries for boys and men in our community are finally being heard.

Anger is a great motivator. And progress is often borne from tragedy. I hope for the African American community and for our country that this tragedy is more than just a passing media spectacle. I hope it’s the beginning of something meaningful, a reevaluation of gun laws, of the violence young black men face every day, and of the way we empower our communities.

London Breed represents the Western Addition and the Haight on the Board of Supervisors

 

Trayvon Martin: Can it happen here?

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OPINION Like many others I have been captivated by the proceedings in the Trayvon Martin case. Personally, and as a member of the Board of Supervisors, it has inspired disappointment, outrage, frustration, and more questions about our criminal justice system than I have answers. But more than anything else this case prompts me to ask: Can this happen here?

However you feel about this particular case, we all like to think that in San Francisco we are more advanced than the rest of the country, and in most ways we are. From our Sanctuary City to our community policing strategies, we have always been conscious about race in our criminal justice system and City policies.

The neighborhoods I represent have 33 percent of the City’s African American population, more than any other area of our City, and we also have the highest concentration of young people, nearly 23 percent. More than half of the individuals who are incarcerated in San Francisco are African American and last year District 10 had the City’s highest number of youth on probation.

Regardless of their ethnicity, residents of areas that experience public safety challenges have a heightened sense of awareness or tension about what goes on in their neighborhoods. Unfortunately, sometimes seeing a young African American man is a trigger. It is a trigger to walk faster, be more alert, notify neighbors, or even call the police to report suspicious behavior.

This is the exact tension that a year ago led Mayor Lee to discuss implementing a version of New York City’s controversial Stop and Frisk Policy. Under this policy, each year police officers stop hundreds of law abiding citizens, the vast majority of which are African American, Latino, and young men on the suspicion that they may be engaging in illegal behavior. I was proud to join with many residents, faith leaders, and even our Police Chief in outlining more productive ways that we can interrupt violent behavior without instituting a policy based on racial profiling.

Thankfully, Stop and Frisk was never implemented in San Francisco, but the debate we had about it demonstrated that we still struggle with the role race plays in our criminal justice system and crime in our neighborhoods.

This verdict serves as a call to action for all of us that if we don’t want a similar tragedy to occur here, we must continue to do what San Francisco has always done best — lead the way. I will continue to push our City to have open dialogues about race in all of our public safety policies. I have spent the last year and will continue to do everything possible to strengthen our City’s regulations on gun control and work collaboratively with all of our communities to develop real solutions to violence that are rooted in protecting and supporting our neighborhoods instead of racial profiling.

Malia Cohen represents southeast San Francisco on the Board of Supervisors.

City College loses accreditation, throwing its future into doubt

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City College of San Francisco will lose its accreditation, it was announced today, and the venerable local college may not survive. With its impending death, the future of thousands of San Franciscans seeking education and a better life are in limbo.

The loss of accreditation becomes effective in one year, and the decision is being appealed, during which time local control is being transferred to a state trustee. The California Community College Chancellor’s Office has not yet named the trustee that it will appoint, and officials say the trustee will be given full authority to make decisions in the place of the current Board of Trustees.

“I think state intervention is going to be necessary,” said Mayor Ed Lee told reporters this afternoon.

“It’s imperative City College stay open for business and education the 85,000 students it serves” Lee said in a conference call with reporters. “I’m concerned about the devastating impact City College’s termination would have on our great city.”

The long-awaited decision was expected sometime around this long holiday weekend, and officials knew losing the accreditation was a possibility, but most said privately that they didn’t think the Accrediting Commission of Community and Junior Colleges would actually pull the trigger. So right now, everyone is still reeling from the news.

“It’s too soon to say who that special trustee will be at that point,” State Community College Chancellor Brice Harris said. 

Locally elected Trustee Rafael Mandelman said that the locally elected board will continue operating until July of 2014, when the termination of the accreditation becomes effective, but it’s unclear what authority it will now have. 

“It’s disappointing, it’s outrageous, I don’t think it’s called for. I don’t think it’s the right outcome. I don’t think the state is going to do a better job running the school than a local board could,” he told us.

“We believe that the best way to bring the college from certain closure is to put the college under trusteeship of certain powers,” Harris said, adding that the search for a new chancellor for CCSF will now be accelerated. The current chancellor is an interim chancellor, the second one in a year after chancellor Don Griffin left the school due to an illness.

“We are disappointed in the Commission’s decision. We will be filing a request for review and will do everything in our power to have this decision reversed,” Chancellor Thelma Scott-Skillman said in a prepared statement. “What is of utmost importance at this time is that City College remains open, and instruction and services will continue. We want to assure our students and their families that we will serve them and continue to provide the high quality education that they expect from City College. We will continue to register new and returning students for the Fall semester and look forward to their arrival on campus in August.”

City College was put on sanction by the commission back in July of 2012 after allegedly failing to fix issues identified by the commission six years prior. Since then, the college has been in panic mode. 

The threat of closure brought drastic changes at whip lash speed over the past few months: two campuses shuttered, over 40 counselors and support staff were laid off, faculty took a 7 percent pay cut and student enrollment has plummeted.

Vice Chancellor of Administration and Finance Peter Goldstein put the college’s finances this way, “This has been a nightmare of a fiscal year.”

But there were positive improvements as well, said Alisa Messer, an English teacher and faculty union president of City College’s local AFT 2121. 

“Faculty have banded together and worked hard to address the requirements around student learning outcomes,” Messer said. SLOs, as they’re commonly known, measure student learning over the course of a class and in a student’s college career. 

“The accrediting commission felt it wasn’t integrated throughout the college, but they would be hard pressed to say it isn’t now,” she said.

Despite City College’s improvements the California Federation of Teachers is set on fighting the accreditation commission’s decision. They filed a massive 280-plus page complaint to the U.S. Department of Education alleging that the accreditation commission violated many of its own rules in evaluating CCSF.

 

The commission responded by locking out over 30 faculty and concerned citizens from its most recent public meeting, even barring a reporter from the SF Chronicle from entering.  

Now the commission has asked visiting accreditation teams, who evaluate colleges on site, to shred their documentation to make such complaints harder to research, which was originally reported on by the Chronicle of Higher Education.

“The work you do here is a position of trust, the documents you receive are given to you in that light.” said a faculty member who had served on prior accreditation teams, but did not wish to be named because they are not approved to speak on behalf of the accreditation commission. “When you’re done fulfilling your responsibility its good policy to dispose of them, and its the commission’s expectation.”

Some of the documents are proprietary information at for-profit colleges, such as Heald. It makes sense to protect that private information. The visiting team has “a look behind the curtain,” the faculty member said. 

But Messer isn’t buying it. “We’ve asked they be more transparent, they’ve done the opposite of that,” Messer said.

On the college’s Ocean campus, just outside the Chancellor’s office in a retro brown speckled hallway, Dennis Garcia walked by with his City College registration info in hand.

He’s ready for his next semester, and unlike the thousands of students that didn’t enroll in City College this year, he forged ahead.  

“I decided to come because I’m not scared or nervous about the school going down,” he said.

Garcia is an 18-year-old criminal justice major and SF native who dreams of transferring to San Francisco or San Jose State Universities. He wants to be a star soccer player while in school.

But why did he stay when so many others fled? 

“Why City College? It’s home,” he said. “People say, coming here is not successful, but I mean, sometimes you don’t have money and you’re not an A or B student, but you get your math and English done and you go from there. College is college.”

Now, whether City College remains a college this time next year is still an open question.

 

Alerts

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Wednesday 19

Discussion: Latinos and the criminal justice system Eric Quezada Center, 518 Valencia, SF. www.sflatinodemclub.com. 7-8pm, free. Join SF Public Defender Jeff Adachi, Sheriff Ross Mirkarimi, Criminal Justice Network for youth program manager Roselyn Berry, and Haywood Burns of the Institute for Juvenile Justice, Fairness and Equity for a frank discussion on how the Latino community is affected by systemic aspects of the criminal justice system. The discussion will cover immigrant offenders, the city’s Sanctuary City policy, restorative justice, and juvenile crime. Moderated by Mike Alonso. Sponsored by the SF Latino Democratic Club.

Author Jonathan Alter on Obama — and his enemies St. John’s Presbyterian Church, 2727 College, Berk. $12 advance. www.brownpapertickets.com, (800) 838-3006 This event features the author of The Center Holds: Obama and His Enemies, a book that portrays the president at an historic moment. Alter offers “fresh details about the Koch brothers, Grover Norquist, and the online haters who suffer from ‘Obama Derangement Syndrome,'” according to the KPFA announcement. “He portrays the Obama analytics geeks working out of ‘The Cave’ and the man who secretly videotaped Mitt Romney’s infamous comments on the ’47 percent.'” This is a benefit for KPFA.

 

Thursday 20

Screening of ‘War on Whistleblowers: Free Press & the National Security State’ Berkeley Fellowship of Unitarian Universalists’ Hall, 1924 Cedar, Berk. http://www.bfuu.org. 7-9pm, $5–$10 suggested donation. A timely screening of a documentary featuring four stories of whistleblowers who took action because they wanted to expose government corruption, misconduct or wrongdoing. Sponsored by the BFUU Social Justice Ctee as part of our Conscientious Projector Series for the 99% For more, visit www.waronwhistleblowers.com

 

Changing the metaphor

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news@sfbg.com

With my partner-in-crime Keith Chandler at the wheel, we’re driving through San Francisco on our way to Stanford University Law School for the Three Strikes Summit, a deeply personal topic to both of us. Three Strikes is partly why I served 15 years in prison, and Stanford’s Three Strikes Project is a big reason why I was released earlier this year.

Chandler is a renowned activist, ex-lifer, and my comrade in the struggle to reintegrate inmates back into life in the outside world. I have become a fanatic on a mission, and this May 2 event will feature many of the top criminal justice players responsible for last year’s Three Strikes reform measure, from Attorney General Kamala Harris to San Francisco District Attorney George Gascon.

So the path we carve through the City takes us deep into the heart of the reform movement that changed my life. Change is in the air, and I’m following the scent back to its roots.

POSTER CHILD

Three Strikes as a metaphor made perfect sense. In the 1980s, the justice system was a revolving door. Relatively short sentences for serious and/or violent crimes were the norm, sentences often cut in half by parole. Lengthy records of arrests and convictions fueled a movement to get tough on crime.

As per usual, bad things happened. In 1993, sexual predator Richard Allen Davis killed Polly Klaas, a 12-year-old girl from Petaluma. A general consensus formed that repeat offenders needed to be punished to the fullest. So prison industrialists came up with a catchy solution: three strikes and you’re out. Commit three violent crimes, the authors sold to the public in 1994, and you’ll serve 25 years to life.

However, the fine print expanded the concept to any third felony — even crimes that would be misdemeanors to non-parolees — and California’s prisons swelled.

In many ways, I was a Three Strikes poster child. As a wild youngster in Sacramento, I was a menace. At 18 in 1984, I began a four-year spree of crimes that included armed robbery, assault with a deadly weapon, and residential burglary. For those transgressions, among others, I received a 12-year sentence in 1988.

I embraced sobriety, college, and writing as I served six discipline-free years. Back then, we had a right to participate in rehabilitative endeavors. Effective programs like cognitive restructuring and life-skills classes might have been foreign concepts, but I benefitted from college, weight training, and family visiting.

But I was still trapped by my criminal thinking — plagued by my nefarious associations. Though I hid it well, I was all fucked up.

In 1994, I was paroled into a whole new ball game: the era of three strikes. As soon as the law passed, the horror stories began to amass. Guys were being struck out for stealing from stores or possessing small amounts of drugs. California became the republic of the intolerant. Mired by myriad imperfections, I stepped up to the plate and swung for the fences.

A 28-year-old undergraduate with a range of goals, I started a construction company and contemplated graduate school. And instead of taking my construction company seriously, or even finishing my undergraduate education, I started using and selling meth — partying like there was no tomorrow.

In my broken way of thinking, I convinced myself that supplementing my income made perfect sense. In reality, it was an excuse to get high for free and it all fell apart. Two parole violations for drug cases seamlessly lead to a felony drug case in 1999. I went from baller to squalor, and hit a line drive right to the catcher. I struck out and faced a lifetime behind bars.

When my life came to an end, I chose to change the rules of my game. I found purpose by advocating for my demographic. As the system began to shift towards smart-on-crime principles in the mid-’00s, I managed to shift with it. My two-pronged litigious and literary activism — a lifestyle that regularly put me at odds with my captors — morphed into rehabilitative advocacy.

As a result of voters approving Prop 36 last fall, my life sentence was lifted on March 22. The merits of my rehabilitative record coalesced with a successful one-time review. As I walked out of prison a week later and jumped into the arms of my childhood sweetheart, I told Charlotte, “Let’s get the hell out of here before they change their minds.”

ROAD TO REFORM

After all the craziness of 15 years of incarceration, I have been decompressing in a transitional housing program. With a bachelor’s degree and multiple drug counseling certifications, I’m establishing myself as rehabilitative consultant. Moreover, I received the ultimate welcome home gift when The Sacramento Bee covered my reentry.

As we arrived on the Stanford campus, I thought of the friends and foes I left behind in prison. To me, this is serious business, a personal progression of nonstop advocacy. Keith’s gig as a criminal justice consultant now includes a new task — delivering me into the apex of reform.

Stanford Law School started the Three Strikes Project in 2006. The human lessons learned from securing the release of 26 three strikers motivated project director and law professor Mike Romano to shift tactics. He decided to take a bigger swing at a very bad law. By avoiding the mistakes from a catastrophic 2004 reform initiative, Romano could secure the release of thousands rather than dozens.

The project decided a narrowly drafted initiative would have the best chance for success. To qualify for a reduced sentence, minor third strikers without murder or sex offenses in their backgrounds would be vetted by the courts to determine whether they currently posed an unreasonable risk to public safety. He took down one of the nation’s toughest laws with 69 percent of the vote.

Of the 9,000 three strikers in California prisons, Prop. 36 made nearly 3,000 eligible for review. On the day of the summit, a prison official reported 460 had already been released — a number that will climb daily. While most counties have over 100 candidates — and some hotly contested cases are on the horizon — Los Angeles has a staggering 1,325 cases. San Francisco, by contrast, only has two, the result of SF’s sober, compassionate approach to charging three strikes cases.

Hearing the statewide cries from their landmark measure, Stanford invited all relevant parties to discuss how to move forward. Harris, the keynote speaker, wrapped her entire speech around a unique prosecutorial career that began in San Francisco.

As the author of Smart on Crime: A Career Prosecutor’s Plan To Make Us Safer, Harris models cutting-edge thinking as the state’s top cop. She pursued data-driven policies as she learned to look at “other issues through the lens of public safety.” By doing so, Harris avoided the sensationalism mentality that leads to hyper-incarceration.

Her successor, Gascon, followed her approach. Research showed Gascon that “higher levels of incarceration don’t translate into increased public safety.” So he teamed up with Stanford, the NAACP, and other like-minded officials as early supporters of the Three Strikes Reform Act of 2012.

Overall, the summit included a range of panelists who discussed a number of relevant topics. But how to adjudicate all these cases was juxtaposed by the need to find resources for reentry services. Stanford professor Joan Petersilia has been instrumental in every recent criminal justice policy change in California, and she warned of the need for more reentry programs.

“What goes down can easily go up,” Petersilia said, warning the crowd about prison populations and crime rates. “Roughly $1 million is being spent on the average three striker, and zero is being spend on their reentry.”

FREEDOM

Most of us are being released without any supervision or any type of state or county funds associated with probation or parole. Since we have far exceeded our sentences, the average three striker is leaving prison with little to no resources, let alone being able to tap into existing programs. I’m paying for my program out of my own pocket.

While it took decades to create the worst justice and prison system in the country, it’s definitely going to take years to correct. I advocated for more than a decade while buried under draconian measures buttressed by dreadful prison policies. Thus, I am excited groundbreaking issues are being discussed by people like this.

For those officials still trapped in their broken thinking, I also know how hard it is to abandon criminal thinking. However, like Gascon said, “Prop 36 is changing the metaphor.”

Seated in Keith’s sports car with the top down, we are making our way up 280 towards the city. Heading back home to Sacramento, I felt like a passenger on the Titanic with an alternate ending. While I am still in the honeymoon stage of my reentry — and reluctant to let this feeling go — I am at the beginning of a new era. We all have work to do.

My life of crime and activism has been an open book — and so is my reentry. After spending the day with journalists and actors in the field of justice, now I feel an even greater obligation to repay my debts. For the first time the light at the end of the tunnel is no longer blurred by the cold hard steel of the penitentiary, or maintained by tone-deaf policy-makers.

I still can’t believe it — I am free.

Film Listings

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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Dennis Harvey, Lynn Rapoport, and Sara Maria Vizcarrondo. For rep house showtimes, see Rep Clock. Due to the Presidents’ Day holiday, theater information was incomplete at presstime.

OPENING

Bless Me, Ultima A mysticism that melds the Latin American shamanism with old-world Catholicism suffuses this bildungsroman of a memory movie, warmly rendered by director Carl Franklin, perhaps best known for his noirish tendencies in Devil in a Blue Dress (1995) and One False Move (1992). Here, working with Rudolfo Anaya’s landmark Chicano novel and material steeped in curandera, or shamanistic, folkways, he continues to exhibit that close attention to detail and the emotional truth of his characters that he brought to his more sensational genre work. This is a smaller, yet no less powerful, story: Antonio (Luke Ganalon) is the youngest son of a vaquero father (Benito Martinez) and a mother (Dolores Heredia) who hails from a farming family — yet perhaps his most important connection is with the woman who midwifed him, Ultima (Miriam Colon), who is taken in by his family out of respect for her deep folk magic and knowledge as a healer. Under Ultima’s close tutelage — while faithfully attending church and working his uncles’ fields —Antonio learns about life and the earth’s bounty, dangers, and cycles, particularly when one of his uncles falls prey to wicked brujas who practice blood sacrifice and Ultima is called in to help him. All of which makes for emotionally resonant storytelling that imparts the impact of Anaya’s tale and his reverence for spiritual practice — of all sorts — and our planet’s power and magic. (1:46) SF Center, Sundance Kabuki. (Chun)

Chronicle of My Mother Japanese import about the post-war relationship between a successful but arrogant writer, who bases his novels on his own life experiences, and his aging mother. (1:59) Four Star.

Dark Skies Keri Russell and Josh Hamilton star in this aliens-in-suburbia thriller. (runtime not available)

The Gatekeepers Coming hard on the heels of The Law in These Parts, which gave a dispassionate forum to the lawmakers who’ve shaped — some might say in pretzel form — the military legal system that’s been applied by Israelis to Palestinians for decades, Dror Moreh’s documentary provides another key insiders’ viewpoint on that endless occupation. His interviewees are six former heads of the Shin Bet, Israel’s secret service. Their top-secret decisions shaped the nation’s attempts to control terrorist sects and attacks, as seen in a nearly half-century parade of news clips showing violence and negotiation on both sides. Unlike the subjects of Law, who spoke a cool, often evasive legalese to avoid any awkward ethical issues, these men are at times frankly — and surprisingly — doubtful about the wisdom of some individual decisions, let alone about the seemingly ever-receding prospect of a diplomatic peace. They even advocate for a two-state solution, an idea the government they served no longer seems seriously interested in advancing. The Gatekeepers is an important document that offers recent history examined head-on by the hitherto generally close-mouthed people who were in a prime position to direct its course. (1:37) (Harvey)

Happy People: A Year in the Taiga The ever-intrepid Werner Herzog, with co-director Dmitry Vasyukov, pursues his fascination with extreme landscapes by chronicling a year deep within the Siberian Taiga. True to form, he doesn’t spend much time in the 300-inhabitant town nestled amid “endless wilderness,” accessible only by helicopter or boat (and only during the warmer seasons); instead, he seeks the most isolated environment possible, venturing into the frozen forest with fur trappers who augment their passed-down-over-generations job skills with the occasional modern assist (chainsaws and snowmobiles are key). Gorgeous cinematography and a curious, respectful tone elevate Happy People from mere ethnographic-film status, though that’s essentially what it is, as it records the men carving canoes, bear-proofing their cabins, interacting with their dogs, and generally being incredibly self-reliant amid some of the most rugged conditions imaginable. And since it’s Herzog, you know there’ll be a few gently bizarre moments, as when a politician’s summer campaign cruise brings a musical revue to town, or the director himself refers to “vodka — vicious as jet fuel” in his trademark droll voice over. (1:34) Smith Rafael. (Eddy)

Snitch The Rock goes undercover for the DEA to help clear his son’s name. What could possibly go wrong? (runtime not available)

ONGOING

Amour Arriving in local theaters atop a tidal wave of critical hosannas, Amour now seeks to tempt popular acclaim — though actually liking this perfectly crafted, intensely depressing film (from Austrian director Michael Haneke) may be nigh impossible for most audience members. Eightysomething former music teachers Georges and Anne (the flawless Jean-Louis Trintignant and Emmanuelle Riva) are living out their days in their spacious Paris apartment, going to classical concerts and enjoying the comfort of their relationship. Early in the film, someone tries to break into their flat — and the rest of Amour unfolds with a series of invasions, with Anne’s declining health the most distressing, though there are also unwanted visits from the couple’s only daughter (an appropriately self-involved Isabelle Huppert), an inept nurse who disrespects Anne and curses out Georges, and even a rogue pigeon that wanders in more than once. As Anne fades into a hollow, twisted, babbling version of her former self, Georges also becomes hollow and twisted, taking care of her while grimly awaiting the inevitable. Of course, the movie’s called Amour, so there’s some tenderness involved. But if you seek heartwarming hope and last-act uplift, look anywhere but here. (2:07) Smith Rafael. (Eddy)

Argo If you didn’t know the particulars of the 1979 Iranian Revolution, you won’t be an expert after Argo, but the film does a good job of capturing America’s fearful reaction to the events that followed it — particularly the hostage crisis at the US embassy in Tehran. Argo zeroes in on the fate of six embassy staffers who managed to escape the building and flee to the home of the sympathetic Canadian ambassador (Victor Garber). Back in Washington, short-tempered CIA agents (including a top-notch Bryan Cranston) cast about for ways to rescue them. Enter Tony Mendez (Ben Affleck, who also directs), exfil specialist and father to a youngster wrapped up in the era’s sci-fi craze. While watching 1973’s Battle for the Planet of the Apes, Tony comes up with what Cranston’s character calls “the best bad idea we have:” the CIA will fund a phony Canadian movie production (corny, intergalactic, and titled Argo) and pretend the six are part of the crew, visiting Iran for a few days on a location shoot. Tony will sneak in, deliver the necessary fake-ID documents, and escort them out. Neither his superiors, nor the six in hiding, have much faith in the idea. (“Is this the part where we say, ‘It’s so crazy it just might work?'” someone asks, beating the cliché to the punch.) Argo never lets you forget that lives are at stake; every painstakingly forged form, every bluff past a checkpoint official increases the anxiety (to the point of being laid on a bit thick by the end). But though Affleck builds the needed suspense with gusto, Argo comes alive in its Hollywood scenes. As the show-biz veterans who mull over Tony’s plan with a mix of Tinseltown cynicism and patiotic duty, John Goodman and Alan Arkin practically burst with in-joke brio. I could have watched an entire movie just about those two. (2:00) Castro. (Eddy)

Beasts of the Southern Wild A year after winning the Grand Jury Prize at Sundance (and a Cannes Camera d’Or), Beasts of the Southern Wild proves capable of enduring a second or third viewing with its originality and strangeness fully intact. Magical realism is a primarily literary device that isn’t attempted very often in U.S. cinema, and succeeds very rarely. But this intersection between Faulkner and fairy tale, a fable about — improbably — Hurricane Katrina, is mysterious and unruly and enchanting. Benh Zeitlin’s film is wildly cinematic from the outset, as voiceover narration from six-year-old Hushpuppy (Quvenzhané Wallis) offers simple commentary on her rather fantastical life. She abides in the Bathtub, an imaginary chunk of bayou country south of New Orleans whose residents live closer to nature, amid the detritus of civilization. Seemingly everything is some alchemical combination of scrap heap, flesh, and soil. But not all is well: when “the storm” floods the land, the holdouts are forced at federal gunpoint to evacuate. With its elements of magic, mythological exodus, and evolutionary biology, Beasts goes way out on a conceptual limb; you could argue it achieves many (if not more) of the same goals Terrence Malick’s 2011 The Tree of Life did at a fraction of that film’s cost and length. (1:31) (Harvey)

Beautiful Creatures In the tiny South Carolina town of Gatlin, a teenage boy named Ethan Wate (Alden Ehrenreich) finds himself dreaming about a girl he’s never met (Alice Englert), until she shows up at school one day with an oddly behaving tattoo on her wrist and the power to disrupt local weather patterns when she loses her temper. Thus begins Richard LaGravenese’s adaptation of the first installment in Kami Garcia and Margaret Stohl’s four-book YA series the Caster Chronicles. The girl of Ethan’s dreams, Lena Duchannes, is the youngest member of a reclusive local family long suspected by the town’s inhabitants of performing witchcraft and otherwise being in league with Satan. They’re at least half right, though Lena and her relatives (among them Jeremy Irons, Emma Thompson, and Emmy Rossum) prefer the term caster to witch, a slur inflicted on them by mortals. As for the diabolical part, casters are, it seems, slaves to essentialism: their coming-of-age rite at age 16 entails learning whether their true nature will turn them toward the forces of darkness or light. Lena’s special birthday, as it happens, is coming up, a circumstance complicating the romance that sparks between her and Ethan. Though the altitude is lower, and the sweeping pans of coniferous forests have been replaced by claustrophobic shots of swampland and live oaks draped with Spanish moss, comparisons to the Twilight franchise are inevitable. But while we’re not unfamiliar with the arc of a human teenage protagonist who is drawn into the orbit of an alluring supernatural and finds life forever changed, Beautiful Creatures‘ young lovers are more relatable, less annoying and creepy, and smaller targets for an SNL spoof. (2:04) (Rapoport)

Bullet to the Head Not to be mistaken for the John Woo passion play, this head wound of a revenge flick instead pits a hired assassin (Sylvester Stallone) against an outsider cop (Sung Kang), the corroded action star who emerged from the thicket of ’70s Italian American iconic actors against a smooth-faced Asian American indie actor associated with the Fast and Furious franchise. Sly’s James Bonomo and his partner have been set up by a set of tepid bad guys (Oz fave Adewale Akinnuoye-Agbaje, here sleep-raging his way through Bullet; a very unpumped Christian Slater; and Jason Momoa, who glowers like he’s still playing a warlord on Game of Thrones). So Bonomo and Kang’s Taylor Kwon — the former’s got the brawn, the latter’s got the smartphone with access to criminal databases — must reluctantly team up to mete out some kind of justice. Yawn. The uninspired oh-so-gritty camera effects don’t help matters when it comes to staving off the sleepies induced by this tired enterprise — director Walter Hill certainly seems to have succumbed to the big snooze. The only real fun to be gleaned here is in watching your random, uh, ax fight and studying the Stallone’s weirdly crumbling yet inert rubble of face, which almost seems to scream to us about — yo, not Adrian, but the ravages of age, surgery, and excess. (1:32) (Chun)

Django Unchained Quentin Tarantino’s spaghetti western homage features a cameo by the original Django (Franco Nero, star of the 1966 film), and solid performances by a meticulously assembled cast, including Jamie Foxx as the titular former slave who becomes a badass bounty hunter under the tutelage of Dr. Schultz (Christoph Waltz). Waltz, who won an Oscar for playing the evil yet befuddlingly delightful Nazi Hans Landa in Tarantino’s 2009 Inglourious Basterds, is just as memorable (and here, you can feel good about liking him) as a quick-witted, quick-drawing wayward German dentist. There are no Nazis in Django, of course, but Tarantino’s taboo du jour (slavery) more than supplies motivation for the filmmaker’s favorite theme (revenge). Once Django joins forces with Schultz, the natural-born partners hatch a scheme to rescue Django’s still-enslaved wife, Broomhilda (Kerry Washington), whose German-language skills are as unlikely as they are convenient. Along the way (and it’s a long way; the movie runs 165 minutes), they encounter a cruel plantation owner (Leonardo DiCaprio), whose main passion is the offensive, shocking “sport” of “Mandingo fighting,” and his right-hand man, played by Tarantino muse Samuel L. Jackson in a transcendently scandalous performance. And amid all the violence and racist language and Foxx vengeance-making, there are many moments of screaming hilarity, as when a character with the Old South 101 name of Big Daddy (Don Johnson) argues with the posse he’s rounded up over the proper construction of vigilante hoods. It’s a classic Tarantino moment: pausing the action so characters can blather on about something trivial before an epic scene of violence. Mr. Pink would approve. (2:45) (Eddy)

Escape from Planet Earth (1:35)

56 Up The world may be going to shit, but some things can be relied upon, like Michael Apted’s beloved series that’s traced the lives of 14 disparate Brits every seven years since original BBC documentary 7 Up in 1964. More happily still, this latest installment finds nearly all the participants shuffling toward the end of middle-age in more settled and contented form than ever before. There are exceptions: Jackie is surrounded by health and financial woes; special-needs librarian Lynn has been hit hard by the economic downturn; everybody’s favorite undiagnosed mental case, the formerly homeless Neil, is never going to fully comfortable in his own skin or in too close proximity to others. But for the most part, life is good. Back after 28 years is Peter, who’d quit being filmed when his anti-Thatcher comments provoked “malicious” responses, even if he’s returned mostly to promote his successful folk trio the Good Intentions. Particularly admirable and evidently fulfilling is the path that’s been taken by Symon, the only person of color here. Raised in government care, he and his wife have by now fostered 65 children — with near-infinite love and generosity, from all appearances. If you’re new to the Up series, you’ll be best off doing a Netflix retrospective as preparation for this chapter, starting with 28 Up. (2:24) Smith Rafael. (Harvey)

Gangster Squad It’s 1949, and somewhere in the Hollywood hills, a man has been tied hand and foot to a pair of automobiles with the engines running. Coyotes pace in the background like patrons queuing up for a table at Flour + Water, and when dinner is served, the presentation isn’t very pretty. We’re barely five minutes into Ruben Fleischer’s Gangster Squad, and fair warning has been given of the bloodletting to come. None of it’s quite as visceral as the opening scene, but Fleischer (2009’s Zombieland) packs his tale of urban warfare with plenty of stylized slaughter to go along with the glamour shots of mob-run nightclubs, leggy pin-curled dames, and Ryan Gosling lounging at the bar cracking wise. At the center of all the gunplay and firebombing is what’s framed as a battle for the soul of Los Angeles, waged between transplanted Chicago mobster Mickey Cohen (Sean Penn) — who wields terms like “progress” and “manifest destiny” as a rationale for a continental turf war — and a police sergeant named John O’Mara (Josh Brolin), tasked with bringing down Cohen’s empire. The assignment requires working under cover so deep that only the police chief (Nick Nolte) and the handpicked members of O’Mara’s “gangster squad” — ncluding Gosling, a half-jaded charmer who poaches Cohen’s arm candy (Emma Stone) — know of its existence. This leaves plenty of room for improvisation, and the film pauses now and again to wonder about what happens when you pit brutal amorality against brutal morality, but it’s a rhetorical question, and no one shows much interest in it. Dragged down by talking points that someone clearly wanted wedged in (as well as by O’Mara’s ponderous voice-overs), the film does better when it abandons gravitas and refocuses on spinning its mythic tale of wilder times in the Golden State. (1:53) (Rapoport)

A Good Day to Die Hard A Good Day to Die Hard did me wrong. How did I miss the signs? Badass daddy rescues son. Perps cover up ’80s era misdeeds. They’re in Russia&ldots;Die Hard has become Taken. All it needs is someone to kidnap Bonnie Bedelia or deflower Jai Courtney and the transformation will be complete. What’s more, A Good Day is so obviously made for export it’s almost not trying to court the American audience for which the franchise is a staple. In a desperate reach for brand loyalty director John Moore (2001’s Behind Enemy Lines) has loaded the film with slight allusions to McClane’s past adventures. The McClanes shoot the ceiling and litter the floor with glass. John escapes a helicopter by leaping into a skyscraper window from the outside. John’s ringtone plays “Ode to Joy.” The glib rejoinders are all there but they’re smeared by crap direction and odd pacing that gives ample time to military vehicles tumbling down the highway but absolutely no time for Bruce’s declarations of “I’m on VACATION!” Which may be just as well — it’s no “Yipee kay yay, motherfucker.” When Willis says that in A Good Day, all the love’s gone out of it. I guess every romance has to end. (1:37) (Vizcarrondo)

Hansel & Gretel: Witch Hunters So here’s something you may not have been wondering: what exactly happened to Hansel and Gretel after they killed the gingerbread-house witch and made their way to freedom? Did they really live happily ever after? Did they land in the foster care system? Did they enter adulthood bearing the deep psychic wounds a person might well suffer after shoving a living creature into an oven and listening to her agonized howls as she burned alive? Or did they realize they’d discovered their life’s vocation without even having to complete the Myers-Briggs test? Shutting his eyes and pointing at random, director and screenplay cowriter Tommy Wirkola (2009’s Dead Snow) chooses the latter scenario, keeping his eyes closed to stab out some weak dialogue and half a plot for a script that leans heavily on the power of 3D technology to send eviscerated-witch guts and other biological shrapnel flying toward the eyeballs of audience members. Hansel (why, Jeremy Renner?) and Gretel (Gemma Arterton) have grown up to share the intense sibling bond and wandering ways you might expect from a brother and sister abandoned at a tender age to starve and be rent limb from limb by wild animals. They’ve also taken full advantage of a niche witch-slaying market in and around the gloomy forest where they made their first kill. When they’re hired to track down a particularly loathsome practitioner of the dark arts (Famke Janssen) who’s been snatching up local children, multidimensional mayhem ensues. Arterton’s Gretel is pretty much a badass and the brains of the operation, while Renner’s Hansel is more of a strong, silent, and occasionally shit-faced type. Neither makes for a particularly memorable protagonist, but that flat look on their faces could just be disappointment or boredom with the material. (1:41) (Rapoport)

The Hobbit: An Unexpected Journey Make no mistake: the Lord of the Rings trilogy represented an incredible filmmaking achievement, with well-deserved Oscars handed down after the third installment in 2003. If director Peter Jackson wanted to go one more round with J.R.R. Tolkien’s beloved characters for a Hobbit movie, who was gonna stop him? Not so fast. This return to Middle-earth (in 3D this time) represents not one but three films — which would be self-indulgent enough even if part one didn’t unspool at just under three hours, and even if Jackson hadn’t decided to shoot at 48 frames per second. (I can’t even begin to explain what that means from a technical standpoint, but suffice to say there’s a certain amount of cinematic lushness lost when everything is rendered in insanely crystal-clear hi-def.) Journey begins as Bilbo Baggins (a game, funny Martin Freeman) reluctantly joins Gandalf (a weary-seeming Ian McKellan) and a gang of dwarves on their quest to reclaim their stolen homeland and treasure, batting Orcs, goblins, Gollum (Andy Serkis), and other beasties along the way. Fan-pandering happens (with characters like Cate Blanchett’s icy Galadriel popping in to remind you how much you loved LOTR), and the story moves at a brisk enough pace, but Journey never transcends what came before — or in the chronology of the story, what comes after. I’m not quite ready to declare this Jackson’s Phantom Menace (1999), but it’s not an unfair comparison to make, either. (2:50) (Eddy)

Identity Thief America is made up of asshole winners and nice guy losers — or at least that’s the thesis of Identity Thief, a comedy about a crying-clown credit card bandit (Melissa McCarthy) and the sweet sucker (Jason Bateman) she lures into her web of chaos. Bateman plays Sandy, a typical middle-class dude with a wife, two kids, and a third on the way. He’s always struggling to break even and just when it seems like his ship’s come in, Diana (McCarthy) jacks his identity — a crime that requires just five minutes in a dark room with Sandy’s social security number. Suddenly, his good name is contaminated with her prior arrests, drug-dealer entanglements, and mounting debt; it’s like the capitalist version of VD. But as the “kind of person who has no friends,” Diana is as tragic as she is comic, providing McCarthy an acting opportunity no one saw coming when she was dispensing romantic advice on The Gilmore Girls. Director Seth Gordon (2011’s Horrible Bosses) treats this comedy like an action movie — as breakneck as slapstick gets — and he relies so heavily on discomfort humor that the film doesn’t just prompt laughs, it pokes you in the ribs until you laugh, man, LAUGH! While Identity Thief has a few complex moments about how defeating “sticking it to the man” can be (mostly because only middle men get hurt), it’s mostly as subtle as a pratfall and just as (un-)rewarding. (1:25) (Vizcarrondo)

The Impossible Spanish director Juan Antonio Bayona (2007’s The Orphanage) directs The Impossible, a relatively modestly-budgeted take on the 2004 Indian Ocean tsunami, based on the real story of a Spanish family who experienced the disaster. Here, the family (Naomi Watts, Ewan McGregor, three young sons) is British, on a Christmas vacation from dad’s high-stress job in Japan. Beachy bliss is soon ruined by that terrible series of waves; they hit early in the film, and Bayona offers a devastatingly realistic depiction of what being caught in a tsunami must feel like: roaring, debris-filled water threatening death by drowning, impalement, or skull-crushing. And then, the anguish of surfacing, alive but injured, stranded, and miles from the nearest doctor, not knowing if your family members have perished. Without giving anything away (no more than the film’s suggestive title, anyway), once the survivors are established (and the film’s strongest performer, Watts, is relegated to hospital-bed scenes) The Impossible finds its way inevitably to melodrama, and triumph-of-the-human-spirit theatrics. As the family’s oldest son, 16-year-old Tom Holland is effective as a kid who reacts exactly right to crisis, morphing from sulky teen to thoughtful hero — but the film is too narrowly focused on its tourist characters, with native Thais mostly relegated to background action. It’s a disconnect that’s not quite offensive, but is still off-putting. (1:54) (Eddy)

Life of Pi Several filmmakers including Alfonso Cuarón, Jean-Pierre Jeunet, and M. Night Shyamalan had a crack at Yann Martel’s “unfilmable” novel over the last decade, without success. That turns out to have been a very good thing, since Ang Lee and scenarist David Magee have made probably the best movie possible from the material — arguably even an improvement on it. Framed as the adult protagonist’s (Irrfan Khan) lengthy reminiscence to an interested writer (Rafe Spall) it chronicles his youthful experience accompanying his family and animals from their just shuttered zoo on a cargo ship voyage from India to Canada. But a storm capsizes the vessel, stranding teenaged Pi (Suraj Sharma) on a lifeboat with a mini menagerie — albeit one swiftly reduced by the food chain in action to one Richard Parker, a whimsically named Bengal tiger. This uneasy forced cohabitation between Hindu vegetarian and instinctual carnivore is an object lesson in survival as well as a fable about the existence of God, among other things. Shot in 3D, the movie has plenty of enchanted, original imagery, though its outstanding technical accomplishment may lie more in the application of CGI (rather than stereoscopic photography) to something reasonably intelligent for a change. First-time actor Sharma is a natural, while his costar gives the most remarkable performance by a wild animal this side of Joaquin Phoenix in The Master. It’s not a perfect film, but it’s a charmed, lovely experience. (2:00) (Harvey)

Lincoln Distinguished subject matter and an A+ production team (Steven Spielberg directing, Daniel Day-Lewis starring, Tony Kushner adapting Doris Kearns Goodwin, John Williams scoring every emotion juuust so) mean Lincoln delivers about what you’d expect: a compelling (if verbose), emotionally resonant (and somehow suspenseful) dramatization of President Lincoln’s push to get the 13th amendment passed before the start of his second term. America’s neck-deep in the Civil War, and Congress, though now without Southern representation, is profoundly divided on the issue of abolition. Spielberg recreates 1865 Washington as a vibrant, exciting place, albeit one filled with so many recognizable stars it’s almost distracting wondering who’ll pop up in the next scene: Jared Harris as Ulysses S. Grant! Joseph Gordon-Levitt as Robert Lincoln! Lena Dunham’s shirtless boyfriend on Girls (Adam Driver) as a soldier! Most notable among the huge cast are John Hawkes, Tim Blake Nelson, and a daffy James Spader as a trio of lobbyists; Sally Field as the troubled First Lady; and likely Oscar contenders Tommy Lee Jones (as winningly cranky Rep. Thaddeus Stevens) and Day-Lewis, who does a reliably great job of disappearing into his iconic role. (2:30) (Eddy)

Les Misérables There is a not-insignificant portion of the population who already knows all the words to all the songs of this musical-theater warhorse, around since the 1980s and honored here with a lavish production by Tom Hooper (2010’s The King’s Speech). As other reviews have pointed out, this version only tangentially concerns Victor Hugo’s tale; its true raison d’être is swooning over the sight of its big-name cast crooning those famous tunes. Vocals were recorded live on-set, with microphones digitally removed in post-production — but despite this technical achievement, there’s a certain inorganic quality to the proceedings. Like The King’s Speech, the whole affair feels spliced together in the Oscar-creation lab. The hardworking Hugh Jackman deserves the nomination he’ll inevitably get; jury’s still out on Anne Hathaway’s blubbery, “I cut my hair for real, I am so brave!” performance. (2:37) (Eddy)

“Oscar Nominated Short Films 2013: Animated” If you caught Wreck-It Ralph, nominated in the Best Animated Feature category, you’ve already seen John Kahrs’ Paperman, about a junior Mad Men type who bumbles through his pursuit of a lovely fellow office drone he spots on his commute. Or, if you saw Ice Age: Continental Drift, you’ve seen Maggie Simpson in The Longest Daycare, starring Homer and Marge’s wee one as she grapples with the social order at the Ayn Rand School for Tots. Among the stand-alones, Minkyu Lee’s Adam and Dog features a quick appearance by Eve, too, but the star is really the scrappy canine who gallops through prehistory playing the world’s first game of fetch with his hairy master. Two minutes is all PES (nom de screen of Adam Pesapane) needs to make Fresh Guacamole — which depicts grenades, dice, and other random objects as most unusual ingredients. The only non-US entry, UK director Timothy Reckart’s Head Over Heels, is about an elderly married couple whose relationship has deteriorated to the point where they (literally) no longer see eye to eye on anything. The program is rounded out by three more non-Oscar-nominated animated shorts: Britain’s The Gruffalo’s Child, featuring the voices of Helena Bonham Carter and Robbie Coltrane; French art-thief caper Dripped; and New Zealand’s sci-fi tale Abiogenesis. (1:28) (Eddy)

“Oscar Nominated Short Films 2013: Documentary” (3:29)

“Oscar Nominated Short Films 2013: Live Action” (1:54)

Quartet Every year there’s at least one: the adorable-old-cootfest, usually British, that proves harmless and reassuring and lightly tear/laughter producing enough to convince a certain demographic that it’s safe to go to the movies again. The last months have seen two, both starring Maggie Smith (who’s also queen of that audience’s home viewing via Downton Abbey). Last year’s The Best Exotic Marigold Hotel, in which Smith played a bitchy old spinster appalled to find herself in India, has already filled the slot. It was formulaic, cute, and sentimental, yes, but it also practiced more restraint than one expected. Now here’s Quartet, which is basically the same flower arrangement with quite a bit more dust on it. Smith plays a bitchy old spinster appalled to find herself forced into spending her twilight years at a home for the elderly. It’s not just any such home, however, but Beecham House, whose residents are retired professional musicians. Gingerly peeking out from her room after a few days’ retreat from public gaze, Smith’s Jean Horton — a famed English soprano — spies a roomful of codgers rolling their hips to Afropop in a dance class. “This is not a retirement home — this is a madhouse!” she pronounces. Oh, the shitty lines that lazy writers have long depended on Smith to make sparkle. Quartet is full of such bunk, adapted with loving fidelity, no doubt, from his own 1999 play by Ronald Harwood, who as a scenarist has done some good adaptations of other people’s work (2002’s The Pianist). But as a generator of original material for about a half-century, he’s mostly proven that it is possible to prosper that long while being in entirely the wrong half-century. Making his directorial debut: 75-year-old Dustin Hoffman, which ought to have yielded a more interesting final product. But with its workmanlike gloss and head-on take on the script’s very predictable beats, Quartet could as well have been directed by any BBC veteran of no particular distinction. (1:38) Smith Rafael. (Harvey)

Rust and Bone Unlike her Dark Knight Rises co-star Anne Hathaway, Rust and Bone star Marion Cotillard never seems like she’s trying too hard to be sexy, or edgy, or whatever (plus, she already has an Oscar, so the pressure’s off). Here, she’s a whale trainer at a SeaWorld-type park who loses her legs in an accident, which complicates (but ultimately strengthens) her relationship with Ali (Belgian actor Matthias Schoenaerts, so tremendous in 2011’s Bullhead), a single dad trying to make a name for himself as a boxer. Jacques Audiard’s follow-up to 2009’s A Prophet gets a bit overwrought by its last act, but there’s an emotional authenticity in the performances that makes even a ridiculous twist (like, the kind that’ll make you exclaim “Are you fucking kidding me?”) feel almost well-earned. (2:00) (Eddy)

Safe Haven Over a decade and a half, as one Nicholas Sparks novel after another has hit the shelves and inexorably been adapted for the big screen, we’ve come to expect a certain kind of end product: a romantic drama that manages, in its treacly messaging and relentless arc toward emotional resonance, to give us second thoughts about the redemptive power of love. The latest, Safe Haven, directed by Lasse Hallström (2011’s Salmon Fishing in the Yemen, 1993’s What’s Eating Gilbert Grape), follows the formula fairly dutifully. Julianne Hough (2012’s Rock of Ages) plays Katie, a Boston woman on the run from the kind of terrifying event that causes a person to dye their hair platinum blond and board a Greyhound in the middle of the night, a trauma whose details are doled out to us in a series of flashbacks. Winding up in a small coastal town in North Carolina, she meets handsome widower and father of two Alex (Josh Duhamel), who runs the local general store and takes a shine to the unfriendly new girl. Viewers of last year’s Sparks adaptation The Lucky One will find some familiar elements (the healing balm of a good man’s love, cloying usage of the paranormal), as will viewers of 1991’s Sleeping with the Enemy, another film that presents the fantasy of a fresh start in Smalltown, U.S.A. (1:55) (Rapoport)

The Sessions Polio has long since paralyzed the body of Berkeley poet Mark O’Brien (John Hawkes) from the neck down. Of course his mind is free to roam — but it often roams south of the personal equator, where he hasn’t had the same opportunities as able-bodied people. Thus he enlists the services of Cheryl (Helen Hunt), a professional sex surrogate, to lose his virginity at last. Based on the real-life figures’ experiences, this drama by Australian polio survivor Ben Lewin was a big hit at Sundance this year (then titled The Surrogate), and it’s not hard to see why: this is one of those rare inspirational feel-good stories that doesn’t pander and earns its tears with honest emotional toil. Hawkes is always arresting, but Hunt hasn’t been this good in a long time, and William H. Macy is pure pleasure as a sympathetic priest put in numerous awkward positions with the Lord by Mark’s very down-to-earth questions and confessions. (1:35) (Harvey)

Side Effects Though on the surface Channing Tatum appears to be his current muse, Steven Soderbergh seems to have gotten his smart, topical groove back, the one that spurred him to kick off his feature filmmaking career with the on-point Sex, Lies, and Videotape (1989) and went missing with the fun, featherweight Ocean’s franchise. (Alas, he’s been making claims that Side Effects will be his last feature film.) Here, trendy designer antidepressants are the draw — mixed with the heady intoxicants of a murder mystery with a nice hard twist that would have intrigued either Hitchcock or Chabrol. As Side Effects opens, the waifish Emily Taylor (Rooney Mara), whose inside-trading hubby (Tatum) has just been released from prison, looks like a big-eyed little basket of nerves ready to combust — internally, it seems, when she drives her car into a wall. Therapist Jonathan Banks (Jude Law), who begins to treat her after her hospital stay, seems to care about her, but nevertheless reflexively prescribes the latest anti-anxiety med of the day, on the advice of her former doctor (Catherine Zeta-Jones). Where does his responsibility for Emily’s subsequent actions begin and end? Soderbergh and his very able cast fill out the issues admirably, with the urgency that was missing from the more clinical Contagion (2011) and the, ahem, meaty intelligence that was lacking in all but the more ingenious strip scenes of last year’s Magic Mike. (1:30) (Chun)

Silver Linings Playbook After guiding two actors to Best Supporting Oscars in 2010’s The Fighter, director David O. Russell returns (adapting his script from Matthew Quick’s novel) with another darkly comedic film about a complicated family that will probably earn some gold of its own. Though he’s obviously not ready to face the outside world, Pat (Bradley Cooper) checks out of the state institution he’s been court-ordered to spend eight months in after displaying some serious anger-management issues. He moves home with his football-obsessed father (Robert De Niro) and worrywart mother (Jacki Weaver of 2010’s Animal Kingdom), where he plunges into a plan to win back his estranged wife. Cooper plays Pat as a man vibrating with troubled energy — always in danger of flying into a rage, even as he pursues his forced-upbeat “silver linings” philosophy. But the movie belongs to Jennifer Lawrence, who proves the chops she showcased (pre-Hunger Games megafame) in 2010’s Winter’s Bone were no fluke. As the damaged-but-determined Tiffany, she’s the left-field element that jolts Pat out of his crazytown funk; she’s also the only reason Playbook‘s dance-competition subplot doesn’t feel eye-rollingly clichéd. The film’s not perfect, but Lawrence’s layered performance — emotional, demanding, bitchy, tough-yet-secretly-tender — damn near is. (2:01) (Eddy)

Skyfall Top marks to Adele, who delivers a magnificent title song to cap off Skyfall‘s thrilling pre-credits chase scene. Unfortunate, then, that the film that follows squanders its initial promise. After a bomb attack on MI6, the clock is running out for Bond (Daniel Craig) and M (Judi Dench), accused of Cold War irrelevancy in a 21st century full of malevolent, stateless computer hackers. The audience, too, will yearn for a return to simpler times; dialogue about “firewalls” and “obfuscated code” never fails to sound faintly ridiculous, despite the efforts Ben Whishaw as the youthful new head of Q branch. Javier Bardem is creative and creepy as keyboard-tapping villain Raoul Silva, but would have done better with a megalomaniac scheme to take over the world. Instead, a small-potatoes revenge plot limps to a dull conclusion in the middle of nowhere. Skyfall never decides whether it prefers action, bon mots, and in-jokes to ponderous mythologizing and ripped-from-the-headlines speechifying — the result is a unsatisfying, uneven mixture. (2:23) (Ben Richardson)

Stand Up Guys Call it oldster pop, call it geriatricore, just don’t call it late for its meds. With the oncoming boomer elder explosion, we can Depends — har-dee-har-har — on the fact that action-crime thrillers-slash-comedies like 2010’s Red, 2012’s Robot and Frank, and now Stand Up Guys are just the vanguard of an imminent barrage of grumpy old pros locking and loading, grousing about their angina, and delivering wisdom with a dose of hard-won levity. As handled by onetime teen-comedy character actor Fisher Stevens, Stand Up Guys is a warm, worthy addition to that soon-to-be-well-populated pantheon. It grows on you as you spend time with it — much like the two aging reprobates at its core, Val (Al Pacino) and Doc (Christopher Walken). Val, the proverbial stand-up guy who took the fall for the rest of his gang, has just completed a 25-year-plus stint in the pen. There to meet him is his only pal, and former partner in crime, Doc, who has been leading a humble life but has one last hit to commit for their old boss Claphands (Mark Margolis), who’s inexplicably named after a Tom Waits song. Sex, drugs, and some Viagra commercial-esque bluesy guitars are in order, but first Val and Doc must find their drive, in the form of their old driver buddy Hirsch (Alan Arkin), who they break out of a rest home, and, perhaps, their moral compass, which arrives with the discovery of a victim (Vanessa Ferlito) of baddies much less couth than themselves. The pleasure comes with following these stand-up guys as they make that leap from craven self-preservation to heroism, which might seem implausible to some. But to the cast’s, and Stevens’s, credit, they make it work — and even give the sentiment-washed finale a swashbuckling buddy-movie romanticism, the kind that a young Tarantino might dislike and an older Tarantino would be loathe to begrudge his lovable louses. (1:34) (Chun)

Warm Bodies A decade and a half of torrid, tormented vampire-human entanglements has left us accustomed to rooting for romances involving the undead and the still-alive. Some might argue, however, that no amount of pop-cultural prepping could be sufficient to get us behind a human-zombie love story for the ages. Is guzzling human blood really measurably less gross than making a meal of someone’s brains and other body parts? Somehow, yes. Recognizing this perceptual hurdle, writer-director Jonathan Levine (2011’s 50/50, 2008’s The Wackness) secures our sympathies at the outset of Warm Bodies by situating us inside the surprisingly active brain of the film’s zombie protagonist. Zombies, it turns out, have internal monologues. R (Nicholas Hoult) can only remember the first letter of his former name, but as he shambles and shuffles and slumps his way through the terminals of a postapocalyptic airport overrun by his fellow corpses (as they’re called by the film’s human population), he fills us in as best he can on the global catastrophe that’s occurred and his own ensuing existential crisis. By the time he meets not-so-cute with Julie (Teresa Palmer), a young woman whose father (John Malkovich) is commander-in-chief of the human survivors living in a walled-off city center, we’ve learned that he collects vinyl, that he has a zombie best friend, and that he doesn’t want to be like this. We may still be flinching at the thought of his and Julie’s first kiss, but we’re also kind of rooting for him. The plot gapes in places, where a tenuous logic gets trampled and gives way, but Levine’s script, adapted from a novel by Isaac Marion, is full of funny riffs on the zombie condition, which Hoult invests with a comic sweetness as his character staggers toward the land of the living. (1:37) (Rapoport)

West of Memphis At this point, it’s hard to imagine a present-day murder trial more painstakingly documented than that of the so-called West Memphis Three. West of Memphis can be considered a crash course for those who somehow missed the Bruce Sinofsky and Joe Berlinger-directed Paradise Lost trilogy; it’s an evenly-paced montage of talking heads, archival trial footage, and interviews with investigators and legal experts, with additional focus on the relationship between former death row inmate Damien Echols and his wife Lorri Davis. (The other two accused men do appear in the film, but Echols is the focal point.) The doc traces the entire case, from the initial news reports of the disappearance of eight-year-olds Christopher Byers, Michael Moore, and Steve Branch, to the supporter-funded, post-conviction investigation and appeals process still unfolding today. Over the years, Echols’ defense team had gradually amassed testimony from a slew of high-powered experts, which not only pointed away from the West Memphis Three, but also suggested new suspects. Despite this seemingly compelling material, Echols’ appeal hit a wall in 2008, when then-Circuit Court judge David Burnett, who had presided over the original trials, denied a new hearing, citing “inconclusive” evidence. At that point, Peter Jackson and Fran Walsh, who had privately bankrolled much of the investigation leading to the DNA appeal, decided produce a doc; Amy Berg (2006’s Deliver Us from Evil) was tapped to direct. Whether or not this film advances the legal process any further remains to be seen, but it does offer a telling portrait of a deeply-flawed criminal justice system at work. (2:26) (Nicole Gluckstern)

Yossi A decade after Yossi (Ohad Knoller) lost his secret lover Jagger in a night raid during their Israeli Army service, the former is no longer a strapping, macho figure but a prematurely middle-aged sad sack. He works to the point of exhaustion as a Tel Aviv cardiologist, and his home life is pathetically lonely — an attempt to step out of the closet with an internet hookup turns out so humiliatingly that it seems he might as well shut the door on love for keeps. But forced to take a vacation, he finds some measure of hope in a chance encounter with four young soldiers who remind him of himself and still-mourned Jagger back when — except times have changed, and the gay identity he still hides even from closest colleagues doesn’t phase them in the least. Eytan Fox’s 2002 breakthrough Yossi & Jagger (originally made for Israeli TV) was sexy, then tragic, then stinging — consistently surprising and nuanced, with a memorably bitter resolution of social injustice. A sequel was theoretically a good idea, but the choices Fox has made for it (and for Yossi) are at once depressing and pat. It’s one thing that our hero has turned into such a piteous loser — these things happen, though the original edition didn’t seem like he’d give up so easily — quite another that his salvation comes in an all-too-convenient, movie wish-fulfillment form. As a stand-alone, melancholic character-study drama, Fox’s latest has its points. As a follow-up to what’s still his best film, however, it’s a bit more deflating and deflated than necessary. (1:24) (Harvey)

Zero Dark Thirty The extent to which torture was actually used in the hunt for Osama Bin Ladin may never be known, though popular opinion will surely be shaped by this film, as it’s produced with the same kind of “realness” that made Kathryn Bigelow’s previous film, the Oscar-winning The Hurt Locker (2008), so potent. Zero Dark Thirty incorporates torture early in its chronology — which begins in 2003, after a brief opening that captures the terror of September 11, 2001 using only 911 phone calls — but the practice is discarded after 2008, a sea-change year marked by the sight of Obama on TV insisting that “America does not torture.” (The “any more” goes unspoken.) Most of Zero Dark Thirty is set in Pakistan and/or “CIA black sites” in undisclosed locations; it’s a suspenseful procedural that manages to make well-documented events (the July 2005 London bombings; the September 2008 Islamabad Marriott Hotel bombing) seem shocking and unexpected. Even the raid on Bin Ladin’s HQ is nail-bitingly intense. The film immerses the viewer in the clandestine world, tossing out abbreviations (“KSM” for al-Qaeda bigwig Khalid Sheikh Mohammed) and jargon (“tradecraft”) without pausing for a breath. It is thrilling, emotional, engrossing — the smartest, most tightly-constructed action film of the year. At the center of it all: a character allegedly based on a real person whose actual identity is kept top-secret by necessity. She’s interpreted here in the form of a steely CIA operative named Maya, played to likely Oscar-winning perfection by Jessica Chastain. No matter the film’s divisive subject matter, there’s no denying that this is a powerful performance. “Washington says she’s a killer,” a character remarks after meeting this seemingly delicate creature, and he’s proven right long before Bin Ladin goes down. Some critics have argued that character is underdeveloped, but anyone who says that isn’t watching closely enough. Maya may not be given a traditional backstory, but there’s plenty of interior life there, and it comes through in quick, vulnerable flashes — leading up to the payoff of the film’s devastating final shot. (2:39) (Eddy)

Film Listings

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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Dennis Harvey, Lynn Rapoport, and Sara Maria Vizcarrondo. For rep house showtimes, see Rep Clock.

OPENING

Beautiful Creatures In the tiny South Carolina town of Gatlin, a teenage boy named Ethan Wate (Alden Ehrenreich) finds himself dreaming about a girl he’s never met (Alice Englert), until she shows up at school one day with an oddly behaving tattoo on her wrist and the power to disrupt local weather patterns when she loses her temper. Thus begins Richard LaGravenese’s adaptation of the first installment in Kami Garcia and Margaret Stohl’s four-book YA series the Caster Chronicles. The girl of Ethan’s dreams, Lena Duchannes, is the youngest member of a reclusive local family long suspected by the town’s inhabitants of performing witchcraft and otherwise being in league with Satan. They’re at least half right, though Lena and her relatives (among them Jeremy Irons, Emma Thompson, and Emmy Rossum) prefer the term caster to witch, a slur inflicted on them by mortals. As for the diabolical part, casters are, it seems, slaves to essentialism: their coming-of-age rite at age 16 entails learning whether their true nature will turn them toward the forces of darkness or light. Lena’s special birthday, as it happens, is coming up, a circumstance complicating the romance that sparks between her and Ethan. Though the altitude is lower, and the sweeping pans of coniferous forests have been replaced by claustrophobic shots of swampland and live oaks draped with Spanish moss, comparisons to the Twilight franchise are inevitable. But while we’re not unfamiliar with the arc of a human teenage protagonist who is drawn into the orbit of an alluring supernatural and finds life forever changed, Beautiful Creatures‘ young lovers are more relatable, less annoying and creepy, and smaller targets for an SNL spoof. (2:04) Shattuck. (Rapoport)

Escape from Planet Earth Kid-friendly animated tale about adventurous blue aliens, starring the voices of Brendan Fraser, Jessica Alba, and William Shatner. (1:35) Shattuck.

56 Up The world may be going to shit, but some things can be relied upon, like Michael Apted’s beloved series that’s traced the lives of 14 disparate Brits every seven years since original BBC documentary 7 Up in 1964. More happily still, this latest installment finds nearly all the participants shuffling toward the end of middle-age in more settled and contented form than ever before. There are exceptions: Jackie is surrounded by health and financial woes; special-needs librarian Lynn has been hit hard by the economic downturn; everybody’s favorite undiagnosed mental case, the formerly homeless Neil, is never going to fully comfortable in his own skin or in too close proximity to others. But for the most part, life is good. Back after 28 years is Peter, who’d quit being filmed when his anti-Thatcher comments provoked “malicious” responses, even if he’s returned mostly to promote his successful folk trio the Good Intentions. Particularly admirable and evidently fulfilling is the path that’s been taken by Symon, the only person of color here. Raised in government care, he and his wife have by now fostered 65 children — with near-infinite love and generosity, from all appearances. If you’re new to the Up series, you’ll be best off doing a Netflix retrospective as preparation for this chapter, starting with 28 Up. (2:24) California, Embarcadero, Smith Rafael. (Harvey)

A Glimpse Inside the Mind of Charles Swan III Roman Coppola’s comedy stars Charlie Sheen as a 1970s ladies man trying to get his life together. (1:25)

A Good Day to Die Hard Jai Courtney (TV’s Spartacus) joins the long-running action series as the CIA agent son of Jack McClane (Bruce Willis). (1:37) Presidio.

Safe Haven Over a decade and a half, as one Nicholas Sparks novel after another has hit the shelves and inexorably been adapted for the big screen, we’ve come to expect a certain kind of end product: a romantic drama that manages, in its treacly messaging and relentless arc toward emotional resonance, to give us second thoughts about the redemptive power of love. The latest, Safe Haven, directed by Lasse Hallström (2011’s Salmon Fishing in the Yemen, 1993’s What’s Eating Gilbert Grape), follows the formula fairly dutifully. Julianne Hough (2012’s Rock of Ages) plays Katie, a Boston woman on the run from the kind of terrifying event that causes a person to dye their hair platinum blond and board a Greyhound in the middle of the night, a trauma whose details are doled out to us in a series of flashbacks. Winding up in a small coastal town in North Carolina, she meets handsome widower and father of two Alex (Josh Duhamel), who runs the local general store and takes a shine to the unfriendly new girl. Viewers of last year’s Sparks adaptation The Lucky One will find some familiar elements (the healing balm of a good man’s love, cloying usage of the paranormal), as will viewers of 1991’s Sleeping with the Enemy, another film that presents the fantasy of a fresh start in Smalltown, U.S.A. (1:55) Presidio. (Rapoport)

“Silent Winter” The San Francisco Silent Film Festival programs a day of vintage delights, including films starring Mary Pickford and Buster Keaton, with live musical accompaniment. See story at www.sfbg.com. Castro.

Yossi A decade after Yossi (Ohad Knoller) lost his secret lover Jagger in a night raid during their Israeli Army service, the former is no longer a strapping, macho figure but a prematurely middle-aged sad sack. He works to the point of exhaustion as a Tel Aviv cardiologist, and his home life is pathetically lonely — an attempt to step out of the closet with an internet hookup turns out so humiliatingly that it seems he might as well shut the door on love for keeps. But forced to take a vacation, he finds some measure of hope in a chance encounter with four young soldiers who remind him of himself and still-mourned Jagger back when — except times have changed, and the gay identity he still hides even from closest colleagues doesn’t phase them in the least. Eytan Fox’s 2002 breakthrough Yossi & Jagger (originally made for Israeli TV) was sexy, then tragic, then stinging — consistently surprising and nuanced, with a memorably bitter resolution of social injustice. A sequel was theoretically a good idea, but the choices Fox has made for it (and for Yossi) are at once depressing and pat. It’s one thing that our hero has turned into such a piteous loser — these things happen, though the original edition didn’t seem like he’d give up so easily — quite another that his salvation comes in an all-too-convenient, movie wish-fulfillment form. As a stand-alone, melancholic character-study drama, Fox’s latest has its points. As a follow-up to what’s still his best film, however, it’s a bit more deflating and deflated than necessary. (1:24) California, Embarcadero. (Harvey)

ONGOING

Amour Arriving in local theaters atop a tidal wave of critical hosannas, Amour now seeks to tempt popular acclaim — though actually liking this perfectly crafted, intensely depressing film (from Austrian director Michael Haneke) may be nigh impossible for most audience members. Eightysomething former music teachers Georges and Anne (the flawless Jean-Louis Trintignant and Emmanuelle Riva) are living out their days in their spacious Paris apartment, going to classical concerts and enjoying the comfort of their relationship. Early in the film, someone tries to break into their flat — and the rest of Amour unfolds with a series of invasions, with Anne’s declining health the most distressing, though there are also unwanted visits from the couple’s only daughter (an appropriately self-involved Isabelle Huppert), an inept nurse who disrespects Anne and curses out Georges, and even a rogue pigeon that wanders in more than once. As Anne fades into a hollow, twisted, babbling version of her former self, Georges also becomes hollow and twisted, taking care of her while grimly awaiting the inevitable. Of course, the movie’s called Amour, so there’s some tenderness involved. But if you seek heartwarming hope and last-act uplift, look anywhere but here. (2:07) Clay, Smith Rafael. (Eddy)

Argo If you didn’t know the particulars of the 1979 Iranian Revolution, you won’t be an expert after Argo, but the film does a good job of capturing America’s fearful reaction to the events that followed it — particularly the hostage crisis at the US embassy in Tehran. Argo zeroes in on the fate of six embassy staffers who managed to escape the building and flee to the home of the sympathetic Canadian ambassador (Victor Garber). Back in Washington, short-tempered CIA agents (including a top-notch Bryan Cranston) cast about for ways to rescue them. Enter Tony Mendez (Ben Affleck, who also directs), exfil specialist and father to a youngster wrapped up in the era’s sci-fi craze. While watching 1973’s Battle for the Planet of the Apes, Tony comes up with what Cranston’s character calls “the best bad idea we have:” the CIA will fund a phony Canadian movie production (corny, intergalactic, and titled Argo) and pretend the six are part of the crew, visiting Iran for a few days on a location shoot. Tony will sneak in, deliver the necessary fake-ID documents, and escort them out. Neither his superiors, nor the six in hiding, have much faith in the idea. (“Is this the part where we say, ‘It’s so crazy it just might work?'” someone asks, beating the cliché to the punch.) Argo never lets you forget that lives are at stake; every painstakingly forged form, every bluff past a checkpoint official increases the anxiety (to the point of being laid on a bit thick by the end). But though Affleck builds the needed suspense with gusto, Argo comes alive in its Hollywood scenes. As the show-biz veterans who mull over Tony’s plan with a mix of Tinseltown cynicism and patiotic duty, John Goodman and Alan Arkin practically burst with in-joke brio. I could have watched an entire movie just about those two. (2:00) Balboa, Embarcadero, Sundance Kabuki. (Eddy)

Beasts of the Southern Wild A year after winning the Grand Jury Prize at Sundance (and a Cannes Camera d’Or), Beasts of the Southern Wild proves capable of enduring a second or third viewing with its originality and strangeness fully intact. Magical realism is a primarily literary device that isn’t attempted very often in U.S. cinema, and succeeds very rarely. But this intersection between Faulkner and fairy tale, a fable about — improbably — Hurricane Katrina, is mysterious and unruly and enchanting. Benh Zeitlin’s film is wildly cinematic from the outset, as voiceover narration from six-year-old Hushpuppy (Quvenzhané Wallis) offers simple commentary on her rather fantastical life. She abides in the Bathtub, an imaginary chunk of bayou country south of New Orleans whose residents live closer to nature, amid the detritus of civilization. Seemingly everything is some alchemical combination of scrap heap, flesh, and soil. But not all is well: when “the storm” floods the land, the holdouts are forced at federal gunpoint to evacuate. With its elements of magic, mythological exodus, and evolutionary biology, Beasts goes way out on a conceptual limb; you could argue it achieves many (if not more) of the same goals Terrence Malick’s 2011 The Tree of Life did at a fraction of that film’s cost and length. (1:31) Opera Plaza. (Harvey)

Bullet to the Head Not to be mistaken for the John Woo passion play, this head wound of a revenge flick instead pits a hired assassin (Sylvester Stallone) against an outsider cop (Sung Kang), the corroded action star who emerged from the thicket of ’70s Italian American iconic actors against a smooth-faced Asian American indie actor associated with the Fast and Furious franchise. Sly’s James Bonomo and his partner have been set up by a set of tepid bad guys (Oz fave Adewale Akinnuoye-Agbaje, here sleep-raging his way through Bullet; a very unpumped Christian Slater; and Jason Momoa, who glowers like he’s still playing a warlord on Game of Thrones). So Bonomo and Kang’s Taylor Kwon — the former’s got the brawn, the latter’s got the smartphone with access to criminal databases — must reluctantly team up to mete out some kind of justice. Yawn. The uninspired oh-so-gritty camera effects don’t help matters when it comes to staving off the sleepies induced by this tired enterprise — director Walter Hill certainly seems to have succumbed to the big snooze. The only real fun to be gleaned here is in watching your random, uh, ax fight and studying the Stallone’s weirdly crumbling yet inert rubble of face, which almost seems to scream to us about — yo, not Adrian, but the ravages of age, surgery, and excess. (1:32) Metreon, 1000 Van Ness. (Chun)

Django Unchained Quentin Tarantino’s spaghetti western homage features a cameo by the original Django (Franco Nero, star of the 1966 film), and solid performances by a meticulously assembled cast, including Jamie Foxx as the titular former slave who becomes a badass bounty hunter under the tutelage of Dr. Schultz (Christoph Waltz). Waltz, who won an Oscar for playing the evil yet befuddlingly delightful Nazi Hans Landa in Tarantino’s 2009 Inglourious Basterds, is just as memorable (and here, you can feel good about liking him) as a quick-witted, quick-drawing wayward German dentist. There are no Nazis in Django, of course, but Tarantino’s taboo du jour (slavery) more than supplies motivation for the filmmaker’s favorite theme (revenge). Once Django joins forces with Schultz, the natural-born partners hatch a scheme to rescue Django’s still-enslaved wife, Broomhilda (Kerry Washington), whose German-language skills are as unlikely as they are convenient. Along the way (and it’s a long way; the movie runs 165 minutes), they encounter a cruel plantation owner (Leonardo DiCaprio), whose main passion is the offensive, shocking “sport” of “Mandingo fighting,” and his right-hand man, played by Tarantino muse Samuel L. Jackson in a transcendently scandalous performance. And amid all the violence and racist language and Foxx vengeance-making, there are many moments of screaming hilarity, as when a character with the Old South 101 name of Big Daddy (Don Johnson) argues with the posse he’s rounded up over the proper construction of vigilante hoods. It’s a classic Tarantino moment: pausing the action so characters can blather on about something trivial before an epic scene of violence. Mr. Pink would approve. (2:45) Metreon, 1000 Van Ness, Sundance Kabuki. (Eddy)

Gangster Squad It’s 1949, and somewhere in the Hollywood hills, a man has been tied hand and foot to a pair of automobiles with the engines running. Coyotes pace in the background like patrons queuing up for a table at Flour + Water, and when dinner is served, the presentation isn’t very pretty. We’re barely five minutes into Ruben Fleischer’s Gangster Squad, and fair warning has been given of the bloodletting to come. None of it’s quite as visceral as the opening scene, but Fleischer (2009’s Zombieland) packs his tale of urban warfare with plenty of stylized slaughter to go along with the glamour shots of mob-run nightclubs, leggy pin-curled dames, and Ryan Gosling lounging at the bar cracking wise. At the center of all the gunplay and firebombing is what’s framed as a battle for the soul of Los Angeles, waged between transplanted Chicago mobster Mickey Cohen (Sean Penn) — who wields terms like “progress” and “manifest destiny” as a rationale for a continental turf war — and a police sergeant named John O’Mara (Josh Brolin), tasked with bringing down Cohen’s empire. The assignment requires working under cover so deep that only the police chief (Nick Nolte) and the handpicked members of O’Mara’s “gangster squad” — ncluding Gosling, a half-jaded charmer who poaches Cohen’s arm candy (Emma Stone) — know of its existence. This leaves plenty of room for improvisation, and the film pauses now and again to wonder about what happens when you pit brutal amorality against brutal morality, but it’s a rhetorical question, and no one shows much interest in it. Dragged down by talking points that someone clearly wanted wedged in (as well as by O’Mara’s ponderous voice-overs), the film does better when it abandons gravitas and refocuses on spinning its mythic tale of wilder times in the Golden State. (1:53) Metreon, 1000 Van Ness. (Rapoport)

Hansel & Gretel: Witch Hunters So here’s something you may not have been wondering: what exactly happened to Hansel and Gretel after they killed the gingerbread-house witch and made their way to freedom? Did they really live happily ever after? Did they land in the foster care system? Did they enter adulthood bearing the deep psychic wounds a person might well suffer after shoving a living creature into an oven and listening to her agonized howls as she burned alive? Or did they realize they’d discovered their life’s vocation without even having to complete the Myers-Briggs test? Shutting his eyes and pointing at random, director and screenplay cowriter Tommy Wirkola (2009’s Dead Snow) chooses the latter scenario, keeping his eyes closed to stab out some weak dialogue and half a plot for a script that leans heavily on the power of 3D technology to send eviscerated-witch guts and other biological shrapnel flying toward the eyeballs of audience members. Hansel (why, Jeremy Renner?) and Gretel (Gemma Arterton) have grown up to share the intense sibling bond and wandering ways you might expect from a brother and sister abandoned at a tender age to starve and be rent limb from limb by wild animals. They’ve also taken full advantage of a niche witch-slaying market in and around the gloomy forest where they made their first kill. When they’re hired to track down a particularly loathsome practitioner of the dark arts (Famke Janssen) who’s been snatching up local children, multidimensional mayhem ensues. Arterton’s Gretel is pretty much a badass and the brains of the operation, while Renner’s Hansel is more of a strong, silent, and occasionally shit-faced type. Neither makes for a particularly memorable protagonist, but that flat look on their faces could just be disappointment or boredom with the material. (1:41) Metreon, 1000 Van Ness. (Rapoport)

The Hobbit: An Unexpected Journey Make no mistake: the Lord of the Rings trilogy represented an incredible filmmaking achievement, with well-deserved Oscars handed down after the third installment in 2003. If director Peter Jackson wanted to go one more round with J.R.R. Tolkien’s beloved characters for a Hobbit movie, who was gonna stop him? Not so fast. This return to Middle-earth (in 3D this time) represents not one but three films — which would be self-indulgent enough even if part one didn’t unspool at just under three hours, and even if Jackson hadn’t decided to shoot at 48 frames per second. (I can’t even begin to explain what that means from a technical standpoint, but suffice to say there’s a certain amount of cinematic lushness lost when everything is rendered in insanely crystal-clear hi-def.) Journey begins as Bilbo Baggins (a game, funny Martin Freeman) reluctantly joins Gandalf (a weary-seeming Ian McKellan) and a gang of dwarves on their quest to reclaim their stolen homeland and treasure, batting Orcs, goblins, Gollum (Andy Serkis), and other beasties along the way. Fan-pandering happens (with characters like Cate Blanchett’s icy Galadriel popping in to remind you how much you loved LOTR), and the story moves at a brisk enough pace, but Journey never transcends what came before — or in the chronology of the story, what comes after. I’m not quite ready to declare this Jackson’s Phantom Menace (1999), but it’s not an unfair comparison to make, either. (2:50) Metreon. (Eddy)

Identity Thief America is made up of asshole winners and nice guy losers — or at least that’s the thesis of Identity Thief, a comedy about a crying-clown credit card bandit (Melissa McCarthy) and the sweet sucker (Jason Bateman) she lures into her web of chaos. Bateman plays Sandy, a typical middle-class dude with a wife, two kids, and a third on the way. He’s always struggling to break even and just when it seems like his ship’s come in, Diana (McCarthy) jacks his identity — a crime that requires just five minutes in a dark room with Sandy’s social security number. Suddenly, his good name is contaminated with her prior arrests, drug-dealer entanglements, and mounting debt; it’s like the capitalist version of VD. But as the “kind of person who has no friends,” Diana is as tragic as she is comic, providing McCarthy an acting opportunity no one saw coming when she was dispensing romantic advice on The Gilmore Girls. Director Seth Gordon (2011’s Horrible Bosses) treats this comedy like an action movie — as breakneck as slapstick gets — and he relies so heavily on discomfort humor that the film doesn’t just prompt laughs, it pokes you in the ribs until you laugh, man, LAUGH! While Identity Thief has a few complex moments about how defeating “sticking it to the man” can be (mostly because only middle men get hurt), it’s mostly as subtle as a pratfall and just as (un-)rewarding. (1:25) Four Star, Marina, 1000 Van Ness, SF Center, Sundance Kabuki. (Vizcarrondo)

The Impossible Spanish director Juan Antonio Bayona (2007’s The Orphanage) directs The Impossible, a relatively modestly-budgeted take on the 2004 Indian Ocean tsunami, based on the real story of a Spanish family who experienced the disaster. Here, the family (Naomi Watts, Ewan McGregor, three young sons) is British, on a Christmas vacation from dad’s high-stress job in Japan. Beachy bliss is soon ruined by that terrible series of waves; they hit early in the film, and Bayona offers a devastatingly realistic depiction of what being caught in a tsunami must feel like: roaring, debris-filled water threatening death by drowning, impalement, or skull-crushing. And then, the anguish of surfacing, alive but injured, stranded, and miles from the nearest doctor, not knowing if your family members have perished. Without giving anything away (no more than the film’s suggestive title, anyway), once the survivors are established (and the film’s strongest performer, Watts, is relegated to hospital-bed scenes) The Impossible finds its way inevitably to melodrama, and triumph-of-the-human-spirit theatrics. As the family’s oldest son, 16-year-old Tom Holland is effective as a kid who reacts exactly right to crisis, morphing from sulky teen to thoughtful hero — but the film is too narrowly focused on its tourist characters, with native Thais mostly relegated to background action. It’s a disconnect that’s not quite offensive, but is still off-putting. (1:54) Balboa, Metreon. (Eddy)

Jack Reacher (2:10) Metreon.

Life of Pi Several filmmakers including Alfonso Cuarón, Jean-Pierre Jeunet, and M. Night Shyamalan had a crack at Yann Martel’s “unfilmable” novel over the last decade, without success. That turns out to have been a very good thing, since Ang Lee and scenarist David Magee have made probably the best movie possible from the material — arguably even an improvement on it. Framed as the adult protagonist’s (Irrfan Khan) lengthy reminiscence to an interested writer (Rafe Spall) it chronicles his youthful experience accompanying his family and animals from their just shuttered zoo on a cargo ship voyage from India to Canada. But a storm capsizes the vessel, stranding teenaged Pi (Suraj Sharma) on a lifeboat with a mini menagerie — albeit one swiftly reduced by the food chain in action to one Richard Parker, a whimsically named Bengal tiger. This uneasy forced cohabitation between Hindu vegetarian and instinctual carnivore is an object lesson in survival as well as a fable about the existence of God, among other things. Shot in 3D, the movie has plenty of enchanted, original imagery, though its outstanding technical accomplishment may lie more in the application of CGI (rather than stereoscopic photography) to something reasonably intelligent for a change. First-time actor Sharma is a natural, while his costar gives the most remarkable performance by a wild animal this side of Joaquin Phoenix in The Master. It’s not a perfect film, but it’s a charmed, lovely experience. (2:00) 1000 Van Ness, SF Center. (Harvey)

Lincoln Distinguished subject matter and an A+ production team (Steven Spielberg directing, Daniel Day-Lewis starring, Tony Kushner adapting Doris Kearns Goodwin, John Williams scoring every emotion juuust so) mean Lincoln delivers about what you’d expect: a compelling (if verbose), emotionally resonant (and somehow suspenseful) dramatization of President Lincoln’s push to get the 13th amendment passed before the start of his second term. America’s neck-deep in the Civil War, and Congress, though now without Southern representation, is profoundly divided on the issue of abolition. Spielberg recreates 1865 Washington as a vibrant, exciting place, albeit one filled with so many recognizable stars it’s almost distracting wondering who’ll pop up in the next scene: Jared Harris as Ulysses S. Grant! Joseph Gordon-Levitt as Robert Lincoln! Lena Dunham’s shirtless boyfriend on Girls (Adam Driver) as a soldier! Most notable among the huge cast are John Hawkes, Tim Blake Nelson, and a daffy James Spader as a trio of lobbyists; Sally Field as the troubled First Lady; and likely Oscar contenders Tommy Lee Jones (as winningly cranky Rep. Thaddeus Stevens) and Day-Lewis, who does a reliably great job of disappearing into his iconic role. (2:30) Balboa, Metreon, 1000 Van Ness. (Eddy)

Mama From bin Laden to wild babes in woods, Jessica Chastain can’t seem to grab a break. Equipped with just the bare outlines of a character, however, she’s one of the few pleasures in this missed-opportunity of a grim, ghostly fairy tale. Expanding his short of the same name, director Andres Muschietti kicks off his yarn on a sadly familiar note in these days of seemingly escalating gun violence: little sisters Victoria and Lily have disappeared from their home, shortly after their desperate father (Game of Thrones‘ Nikolaj Coster-Waldau) has gone on a shooting spree. They repair to an abandoned cabin scattered with mid-century modern furniture. Five years on, the girls’ scruffy artist uncle Lucas (also Coster-Waldau) is still searching for them, supported by his punk rock girlfriend Annabel (Chastain). The little girls lost are finally found by trackers — and they appear to be hopelessly feral, with the angelic-looking Victoria (Megan Charpentier), acting as the ringleader and the younger, bedraggled Lily (Maya Dawe) given to sleeping under beds and eating on all fours next to the dog bowl. The arty couple take them in and move into a “test house” provided by the sisters’ enthralled therapist (Daniel Kash), obviously psyched to study not one but two Kaspar Hausers. The traumatized kids are clearly haunted by their experience — in more ways than one — as inexplicable bumps go off, night and day, and Misfits t-shirt-clad Annabel discovers the real meaning of goth while getting in touch with her seemingly deeply buried maternal urges. Unfortunately, despite possessing the raw material for a truly scary outing that plunges to the core of our primal instincts (what’s scarier than an unsocialized kid that’s capable of anything?) and showing off Muschietti’s occasional instances of cinematic flair (as when multiple rooms are shown using split-screens), Mama ends up running away from the filmmaker and is finally simply spoiled by its mawkishly sentimental finale. It doesn’t help that the inadequate script sports logic holes that a mama could drive a truck though. (1:40) Metreon. (Chun)

Les Misérables There is a not-insignificant portion of the population who already knows all the words to all the songs of this musical-theater warhorse, around since the 1980s and honored here with a lavish production by Tom Hooper (2010’s The King’s Speech). As other reviews have pointed out, this version only tangentially concerns Victor Hugo’s French Revolution tale; its true raison d’être is swooning over the sight of its big-name cast crooning those famous tunes. Vocals were recorded live on-set, with microphones digitally removed in post-production — but despite this technical achievement, there’s a certain inorganic quality to the proceedings. Like The King’s Speech, the whole affair feels spliced together in the Oscar-creation lab. The hardworking Hugh Jackman deserves the nomination he’ll inevitably get; jury’s still out on Anne Hathaway’s blubbery, “I cut my hair for real, I am so brave!” performance. (2:37) SF Center. (Eddy)

Movie 43 (1:37) Metreon.

“Oscar Nominated Short Films 2013: Animated” If you caught Wreck-It Ralph, nominated in the Best Animated Feature category, you’ve already seen John Kahrs’ Paperman, about a junior Mad Men type who bumbles through his pursuit of a lovely fellow office drone he spots on his commute. Or, if you saw Ice Age: Continental Drift, you’ve seen Maggie Simpson in The Longest Daycare, starring Homer and Marge’s wee one as she grapples with the social order at the Ayn Rand School for Tots. Among the stand-alones, Minkyu Lee’s Adam and Dog features a quick appearance by Eve, too, but the star is really the scrappy canine who gallops through prehistory playing the world’s first game of fetch with his hairy master. Two minutes is all PES (nom de screen of Adam Pesapane) needs to make Fresh Guacamole — which depicts grenades, dice, and other random objects as most unusual ingredients. The only non-US entry, UK director Timothy Reckart’s Head Over Heels, is about an elderly married couple whose relationship has deteriorated to the point where they (literally) no longer see eye to eye on anything. The program is rounded out by three more non-Oscar-nominated animated shorts: Britain’s The Gruffalo’s Child, featuring the voices of Helena Bonham Carter and Robbie Coltrane; French art-thief caper Dripped; and New Zealand’s sci-fi tale Abiogenesis. (1:28) Embarcadero. (Eddy)

“Oscar Nominated Short Films 2013: Documentary” (3:29) Opera Plaza.

“Oscar Nominated Short Films 2013: Live Action” (1:54) Embarcadero.

Parker (1:58) Metreon.

Quartet Every year there’s at least one: the adorable-old-cootfest, usually British, that proves harmless and reassuring and lightly tear/laughter producing enough to convince a certain demographic that it’s safe to go to the movies again. The last months have seen two, both starring Maggie Smith (who’s also queen of that audience’s home viewing via Downton Abbey). Last year’s The Best Exotic Marigold Hotel, in which Smith played a bitchy old spinster appalled to find herself in India, has already filled the slot. It was formulaic, cute, and sentimental, yes, but it also practiced more restraint than one expected. Now here’s Quartet, which is basically the same flower arrangement with quite a bit more dust on it. Smith plays a bitchy old spinster appalled to find herself forced into spending her twilight years at a home for the elderly. It’s not just any such home, however, but Beecham House, whose residents are retired professional musicians. Gingerly peeking out from her room after a few days’ retreat from public gaze, Smith’s Jean Horton — a famed English soprano — spies a roomful of codgers rolling their hips to Afropop in a dance class. “This is not a retirement home — this is a madhouse!” she pronounces. Oh, the shitty lines that lazy writers have long depended on Smith to make sparkle. Quartet is full of such bunk, adapted with loving fidelity, no doubt, from his own 1999 play by Ronald Harwood, who as a scenarist has done some good adaptations of other people’s work (2002’s The Pianist). But as a generator of original material for about a half-century, he’s mostly proven that it is possible to prosper that long while being in entirely the wrong half-century. Making his directorial debut: 75-year-old Dustin Hoffman, which ought to have yielded a more interesting final product. But with its workmanlike gloss and head-on take on the script’s very predictable beats, Quartet could as well have been directed by any BBC veteran of no particular distinction. (1:38) Embarcadero, Smith Rafael. (Harvey)

Rust and Bone Unlike her Dark Knight Rises co-star Anne Hathaway, Rust and Bone star Marion Cotillard never seems like she’s trying too hard to be sexy, or edgy, or whatever (plus, she already has an Oscar, so the pressure’s off). Here, she’s a whale trainer at a SeaWorld-type park who loses her legs in an accident, which complicates (but ultimately strengthens) her relationship with Ali (Belgian actor Matthias Schoenaerts, so tremendous in 2011’s Bullhead), a single dad trying to make a name for himself as a boxer. Jacques Audiard’s follow-up to 2009’s A Prophet gets a bit overwrought by its last act, but there’s an emotional authenticity in the performances that makes even a ridiculous twist (like, the kind that’ll make you exclaim “Are you fucking kidding me?”) feel almost well-earned. (2:00) Opera Plaza. (Eddy)

The Sessions Polio has long since paralyzed the body of Berkeley poet Mark O’Brien (John Hawkes) from the neck down. Of course his mind is free to roam — but it often roams south of the personal equator, where he hasn’t had the same opportunities as able-bodied people. Thus he enlists the services of Cheryl (Helen Hunt), a professional sex surrogate, to lose his virginity at last. Based on the real-life figures’ experiences, this drama by Australian polio survivor Ben Lewin was a big hit at Sundance this year (then titled The Surrogate), and it’s not hard to see why: this is one of those rare inspirational feel-good stories that doesn’t pander and earns its tears with honest emotional toil. Hawkes is always arresting, but Hunt hasn’t been this good in a long time, and William H. Macy is pure pleasure as a sympathetic priest put in numerous awkward positions with the Lord by Mark’s very down-to-earth questions and confessions. (1:35) Opera Plaza. (Harvey)

Side Effects Though on the surface Channing Tatum appears to be his current muse, Steven Soderbergh seems to have gotten his smart, topical groove back, the one that spurred him to kick off his feature filmmaking career with the on-point Sex, Lies, and Videotape (1989) and went missing with the fun, featherweight Ocean’s franchise. (Alas, he’s been making claims that Side Effects will be his last feature film.) Here, trendy designer antidepressants are the draw — mixed with the heady intoxicants of a murder mystery with a nice hard twist that would have intrigued either Hitchcock or Chabrol. As Side Effects opens, the waifish Emily Taylor (Rooney Mara), whose inside-trading hubby (Tatum) has just been released from prison, looks like a big-eyed little basket of nerves ready to combust — internally, it seems, when she drives her car into a wall. Therapist Jonathan Banks (Jude Law), who begins to treat her after her hospital stay, seems to care about her, but nevertheless reflexively prescribes the latest anti-anxiety med of the day, on the advice of her former doctor (Catherine Zeta-Jones). Where does his responsibility for Emily’s subsequent actions begin and end? Soderbergh and his very able cast fill out the issues admirably, with the urgency that was missing from the more clinical Contagion (2011) and the, ahem, meaty intelligence that was lacking in all but the more ingenious strip scenes of last year’s Magic Mike. (1:30) Metreon, 1000 Van Ness, Presidio, Sundance Kabuki. (Chun)

Silver Linings Playbook After guiding two actors to Best Supporting Oscars in 2010’s The Fighter, director David O. Russell returns (adapting his script from Matthew Quick’s novel) with another darkly comedic film about a complicated family that will probably earn some gold of its own. Though he’s obviously not ready to face the outside world, Pat (Bradley Cooper) checks out of the state institution he’s been court-ordered to spend eight months in after displaying some serious anger-management issues. He moves home with his football-obsessed father (Robert De Niro) and worrywart mother (Jacki Weaver of 2010’s Animal Kingdom), where he plunges into a plan to win back his estranged wife. Cooper plays Pat as a man vibrating with troubled energy — always in danger of flying into a rage, even as he pursues his forced-upbeat “silver linings” philosophy. But the movie belongs to Jennifer Lawrence, who proves the chops she showcased (pre-Hunger Games megafame) in 2010’s Winter’s Bone were no fluke. As the damaged-but-determined Tiffany, she’s the left-field element that jolts Pat out of his crazytown funk; she’s also the only reason Playbook‘s dance-competition subplot doesn’t feel eye-rollingly clichéd. The film’s not perfect, but Lawrence’s layered performance — emotional, demanding, bitchy, tough-yet-secretly-tender — damn near is. (2:01) Four Star, 1000 Van Ness, Presidio, SF Center, Sundance Kabuki, Vogue. (Eddy)

Skyfall Top marks to Adele, who delivers a magnificent title song to cap off Skyfall‘s thrilling pre-credits chase scene. Unfortunate, then, that the film that follows squanders its initial promise. After a bomb attack on MI6, the clock is running out for Bond (Daniel Craig) and M (Judi Dench), accused of Cold War irrelevancy in a 21st century full of malevolent, stateless computer hackers. The audience, too, will yearn for a return to simpler times; dialogue about “firewalls” and “obfuscated code” never fails to sound faintly ridiculous, despite the efforts Ben Whishaw as the youthful new head of Q branch. Javier Bardem is creative and creepy as keyboard-tapping villain Raoul Silva, but would have done better with a megalomaniac scheme to take over the world. Instead, a small-potatoes revenge plot limps to a dull conclusion in the middle of nowhere. Skyfall never decides whether it prefers action, bon mots, and in-jokes to ponderous mythologizing and ripped-from-the-headlines speechifying — the result is a unsatisfying, uneven mixture. (2:23) Metreon. (Ben Richardson)

Stand Up Guys Call it oldster pop, call it geriatricore, just don’t call it late for its meds. With the oncoming boomer elder explosion, we can Depends — har-dee-har-har — on the fact that action-crime thrillers-slash-comedies like 2010’s Red, 2012’s Robot and Frank, and now Stand Up Guys are just the vanguard of an imminent barrage of grumpy old pros locking and loading, grousing about their angina, and delivering wisdom with a dose of hard-won levity. As handled by onetime teen-comedy character actor Fisher Stevens, Stand Up Guys is a warm, worthy addition to that soon-to-be-well-populated pantheon. It grows on you as you spend time with it — much like the two aging reprobates at its core, Val (Al Pacino) and Doc (Christopher Walken). Val, the proverbial stand-up guy who took the fall for the rest of his gang, has just completed a 25-year-plus stint in the pen. There to meet him is his only pal, and former partner in crime, Doc, who has been leading a humble life but has one last hit to commit for their old boss Claphands (Mark Margolis), who’s inexplicably named after a Tom Waits song. Sex, drugs, and some Viagra commercial-esque bluesy guitars are in order, but first Val and Doc must find their drive, in the form of their old driver buddy Hirsch (Alan Arkin), who they break out of a rest home, and, perhaps, their moral compass, which arrives with the discovery of a victim (Vanessa Ferlito) of baddies much less couth than themselves. The pleasure comes with following these stand-up guys as they make that leap from craven self-preservation to heroism, which might seem implausible to some. But to the cast’s, and Stevens’s, credit, they make it work — and even give the sentiment-washed finale a swashbuckling buddy-movie romanticism, the kind that a young Tarantino might dislike and an older Tarantino would be loathe to begrudge his lovable louses. (1:34) 1000 Van Ness, SF Center, Sundance Kabuki. (Chun)

Top Gun 3D (1:50) 1000 Van Ness.

Warm Bodies A decade and a half of torrid, tormented vampire-human entanglements has left us accustomed to rooting for romances involving the undead and the still-alive. Some might argue, however, that no amount of pop-cultural prepping could be sufficient to get us behind a human-zombie love story for the ages. Is guzzling human blood really measurably less gross than making a meal of someone’s brains and other body parts? Somehow, yes. Recognizing this perceptual hurdle, writer-director Jonathan Levine (2011’s 50/50, 2008’s The Wackness) secures our sympathies at the outset of Warm Bodies by situating us inside the surprisingly active brain of the film’s zombie protagonist. Zombies, it turns out, have internal monologues. R (Nicholas Hoult) can only remember the first letter of his former name, but as he shambles and shuffles and slumps his way through the terminals of a postapocalyptic airport overrun by his fellow corpses (as they’re called by the film’s human population), he fills us in as best he can on the global catastrophe that’s occurred and his own ensuing existential crisis. By the time he meets not-so-cute with Julie (Teresa Palmer), a young woman whose father (John Malkovich) is commander-in-chief of the human survivors living in a walled-off city center, we’ve learned that he collects vinyl, that he has a zombie best friend, and that he doesn’t want to be like this. We may still be flinching at the thought of his and Julie’s first kiss, but we’re also kind of rooting for him. The plot gapes in places, where a tenuous logic gets trampled and gives way, but Levine’s script, adapted from a novel by Isaac Marion, is full of funny riffs on the zombie condition, which Hoult invests with a comic sweetness as his character staggers toward the land of the living. (1:37) 1000 Van Ness, SF Center, Sundance Kabuki. (Rapoport)

West of Memphis At this point, it’s hard to imagine a present-day murder trial more painstakingly documented than that of the so-called West Memphis Three. West of Memphis can be considered a crash course for those who somehow missed the Bruce Sinofsky and Joe Berlinger-directed Paradise Lost trilogy; it’s an evenly-paced montage of talking heads, archival trial footage, and interviews with investigators and legal experts, with additional focus on the relationship between former death row inmate Damien Echols and his wife Lorri Davis. (The other two accused men do appear in the film, but Echols is the focal point.) The doc traces the entire case, from the initial news reports of the disappearance of eight-year-olds Christopher Byers, Michael Moore, and Steve Branch, to the supporter-funded, post-conviction investigation and appeals process still unfolding today. Over the years, Echols’ defense team had gradually amassed testimony from a slew of high-powered experts, which not only pointed away from the West Memphis Three, but also suggested new suspects. Despite this seemingly compelling material, Echols’ appeal hit a wall in 2008, when then-Circuit Court judge David Burnett, who had presided over the original trials, denied a new hearing, citing “inconclusive” evidence. At that point, Peter Jackson and Fran Walsh, who had privately bankrolled much of the investigation leading to the DNA appeal, decided produce a doc; Amy Berg (2006’s Deliver Us from Evil) was tapped to direct. Whether or not this film advances the legal process any further remains to be seen, but it does offer a telling portrait of a deeply-flawed criminal justice system at work. (2:26) Shattuck. (Nicole Gluckstern)

Zero Dark Thirty The extent to which torture was actually used in the hunt for Osama Bin Ladin may never be known, though popular opinion will surely be shaped by this film, as it’s produced with the same kind of “realness” that made Kathryn Bigelow’s previous film, the Oscar-winning The Hurt Locker (2008), so potent. Zero Dark Thirty incorporates torture early in its chronology — which begins in 2003, after a brief opening that captures the terror of September 11, 2001 using only 911 phone calls — but the practice is discarded after 2008, a sea-change year marked by the sight of Obama on TV insisting that “America does not torture.” (The “any more” goes unspoken.) Most of Zero Dark Thirty is set in Pakistan and/or “CIA black sites” in undisclosed locations; it’s a suspenseful procedural that manages to make well-documented events (the July 2005 London bombings; the September 2008 Islamabad Marriott Hotel bombing) seem shocking and unexpected. Even the raid on Bin Ladin’s HQ is nail-bitingly intense. The film immerses the viewer in the clandestine world, tossing out abbreviations (“KSM” for al-Qaeda bigwig Khalid Sheikh Mohammed) and jargon (“tradecraft”) without pausing for a breath. It is thrilling, emotional, engrossing — the smartest, most tightly-constructed action film of the year. At the center of it all: a character allegedly based on a real person whose actual identity is kept top-secret by necessity. She’s interpreted here in the form of a steely CIA operative named Maya, played to likely Oscar-winning perfection by Jessica Chastain. No matter the film’s divisive subject matter, there’s no denying that this is a powerful performance. “Washington says she’s a killer,” a character remarks after meeting this seemingly delicate creature, and he’s proven right long before Bin Ladin goes down. Some critics have argued that character is underdeveloped, but anyone who says that isn’t watching closely enough. Maya may not be given a traditional backstory, but there’s plenty of interior life there, and it comes through in quick, vulnerable flashes — leading up to the payoff of the film’s devastating final shot. (2:39) Marina, 1000 Van Ness, SF Center, Sundance Kabuki. (Eddy)