Criminal Justice

Mirkarimi takes the oath

181

The room was packed for the inauguration of Sheriff Ross Mirkarimi, and for the most part, the crowd wasn’t talking about what Mirkarimi referred to as the “cloud” hanging over the event. He mentioned the investigation into possible domestic violence only that once, then joked that he’d managed to get a lot of press to his event.


There was music, dancing, former Mayor Art Agnos administering the oath of office, a long, long Mirkarimi speech on criminal justice policy (please, Ross, 15 minutes would have been plenty). Most of Mirkarimi’s progressive colleagues (including supervisors John Avalos, David Campos, Jane Kim, and Eric Mar, state Sen. Mark Leno and Assemblymember Tom Ammiano) were on hand. And the press conference afterward was surprisingly mild.


Mirkarimi was asked what happened the night in question, and he declined to talk about it, saying the criminal justice system would work its way through the process. Then his wife, Eliana Lopez, interrupted, took the mike, and announced that this was a “family matter” and she would have no more to say – except that she has no complaints about her husband.


That was it. No shouted questions as the sheriff walked away, no 1000-watt camera flashes in his eyes, nothing to indicate that this is the gigantic scandal that it’s become in the daily papers.


But Mirkarimi did make one statement that’s worth mentioning: He said that there were forces in the department (I think he meant the Police Department) that didn’t want to see him as sheriff. That’s absolutely true.


Let me make a few points here.


First, for the record: There’s no excuse for assaulting anyone, and there’s less excuse for assaulting your wife. Domestic violence is a serious, under-reported problem, something all too often dismissed by the authorities – with catastrophic results. Women die because batterers are not held to account. I have close friends who have been in abusive relationships, and it’s not pretty and it’s not a joke and it’s not something to take lightly.


That said: I don’t know what happened that night at Mirkarimi’s house. But I do know that the minute the cops were brought in, it became political.


See, the cops, for the most part, are not Mirkarimi fans. He beat their guy, former Police Officers Association president Chris Cunnie, in the race for sheriff. He’s demanded changes in the department (including foot patrols, which a lot of old-timers don’t like). He also beat a sheriff’s captain. He’s a civilian who is going to run a law-enforcement agency as a civilian, which means he’s not part of the Fraternity.


The news reports about the incident were clearly leaked by the SFPD. So, I’m sure, was the search warrant (that’s a public document, but I honestly don’t think the Examiner tracked it down, I think it was delivered to the paper by a source in the department). Nothing wrong with that – cops (and politicians) tip reporters to stories all the time. I’m not blaming the Chron or the Ex for doing the story – it’s news, you have to report it.


And, of course, if the cops had ignored the case or downplayed it, they would have been criticized for covering up an incident involving the new sheriff.


Again: I’m not excusing Mirkarimi’s behavior (alleged behavior — we don’t know what actually happened). But the way the story and the details were leaked reflects the political reality that the cops don’t love the new sheriff, and a lot of them would be thrilled to take him down. That’s just political reality.


Which means Mirkarimi needs to be very, very careful – there are people watching every single move he makes, every day. And they’re not interested in policy debates.


PS: The D.A. and the cops managed to finish this particular investigation in record time. I wonder what’s happened to the investigation into possible vote fraud in the Ed Lee campaign. Months have passed. Nobody is facing any charges. There are no police leaks about anyone involved. Funny, that.

The unlikely sheriff

1

Michael Hennessey has served as San Francisco’s sheriff for half of his life, the longest such career in California history — and by all accounts the most progressive. Since taking office in 1980, Hennessey has been an island of liberal enlightenment in a political climate and law enforcement culture where tough-talking conservatism has been ascendant.

Yet in that era, Hennessey pioneered the creation of innovative programs to compassionately deal with drug abuse, violence, recidivism, and lack of education among jail inmates. He proactively brought unprecedented numbers of minorities, women, LGBT employees, and ex-convicts onto his staff. And he sometimes resisted carrying out evictions or honoring federal immigration hold orders, bold and risky social-justice stands.

His stances drew scorn from the local law enforcement community, which never endorsed him in contested elections, and criticism from political moderates and national media outlets. But San Francisco voters reelected him again and again, until he finally decided to retire as his current term ends next month.

He credits his success and longevity to the people of San Francisco, who have also bucked the harsh national attitude toward criminals and the poor. “San Francisco is still largely a liberal voting town,” he told us in his well-worn office at City Hall, “and not many liberals run for sheriff.”

That logic held up in this year’s election when progressive Sup. Ross Mirkarimi — Hennessey’s hand-picked successor — was elected to the post. Mirkarimi, who led a tribute to Hennessey at the Dec. 13 Board of Supervisors meeting, said he’s honored to be able to continue the legacy of someone he called “the most innovative sheriff in the United States.”

 

LONG RECORD

Hennessey was a 32-year-old Prisoner Legal Services attorney for the Sheriff’s Department in 1979 as he watched then-Sheriff Eugene Brown letting go of reform-minded staffers and ending his predecessor Dick Hongisto’s early experiment with a school in the jail. So Hennessey quit his job and focused on running for the office.

“I said to myself that I’m not sure if I’ll be a good sheriff or not, but I know I’m better than anyone else running,” he told us, later adding, “I certainly never expected to be sheriff for 32 years.”

Rank-and-file deputies — with whom Hennessey has periodically clashed throughout his career — always preferred one of their own in the job. “As seen in this election, they would like to see someone coming from their ranks,” said Hennessey, even though he notes that at this point, he has hired all but three of the department’s nearly 1,000 employees.

But Hennessey’s outsider status allowed him to deal with the inmate population in a way that the average San Franciscan appreciated, even if the average cop didn’t. “When you’re in law enforcement, all you see are criminals, victims, and people in law enforcement. But I would talk to all kinds of people in the community,” Hennessey said, noting that his experience as a jailhouse attorney gave him a holistic view of his job. “I worked in the jail and I got to know prisoners as people.”

They were people who had certain needs and problems, such as substance abuse, a common problem among criminals. And they were people who would be returning to society at some point, as Hennessey constantly reminded those who expected prisoners to be treated harshly or simply warehoused.

So he broke down the wall between the jail and the community, bringing the city’s social service providers and educators to work programs in the jails, and developing anti-recidivism and vocational programs that allowed ex-offenders to re-engage with the local community.

“Take the bold step of inviting the public in, not all the public, but those who can provide services and help address people’s problems,” Hennessey said. “Then we took the same concept and applied it to violent offenders, which is a little riskier.”

But it was a risk that has paid off as recidivism rates among jail inmates has dropped, and it’s been without any serious cases of inmates harming outsiders. Hennessey is particularly proud of the high school he created in the jail, which will graduate its next class on Jan. 3.

He said the school can truly transform those who end up behind bars. “It gives them a leg up and it’s like a booster shot,” Hennessey said. “They’re at the lowest point in their lives when the come to jail, and then they’re given an opportunity to accomplish something they haven’t been able to on the outside.”

One of many controversial moves during Hennessey’s storied career was his decision to allow female inmates to leave the jails and perform in theaters around San Francisco with the Medea Project, which was created by Rhodessa Jones and the Culture Odyssey art collective to turn the stories of female inmates into plays.

“Rhodessa is a very persuasive person who talked me into letting these women out of jail to perform,” Hennessey said, smiling at the memory. “It was very controversial.”

 

HIRING REFORMERS

Hennessey’s mentor in the Sheriff’s Department — the man who hired him, ran his first campaign, and then became his longtime chief-of-staff — was the late Ray Towbis, a tough activist whose social justice stands on behalf of tenants, prisoners, and other marginalized members of society would sometimes put Hennessey into difficult positions.

“Ray caused me aggravation many times,” said Hennessey, who nonetheless kept a life-sized cutout photo of Towbis in his office long after he was gone, a reminder to fight for the values he believed in.

There was the time when Towbis angrily flipped over a table and cursed at a panel of parole commissioners after failing to win the release of a model inmate, triggering a demand from the presiding judge that Hennessey fire Towbis, which the sheriff ignored.

Later, Towbis adopted a compassionate approach to the evictions that sheriff’s deputies are forced to perform, allowing deputies to spare tenants who were disabled or elderly and personally calling journalists to help publicize cases in which the parties bringing the eviction action might back off. That sensitivity stays with Hennessey today.

“That’s one of the tough spots I’m in is doing these foreclosure evictions,” Hennessey said, clearly troubled by his duty but also aware that it is one that he is required to perform, despite pressure from progressive groups urging him to refuse to carry them out.

As a lawyer, Hennessey said he must respect court orders and avoid being held in contempt of court, as Hongisto was in the mid-1970s for refusing to carry out evictions against tenants in the International Hotel.

Hennessey and his staff have always been willing to help tenants resist eviction. His office has an eviction assistance program, and Towbis would sometimes tip off the media to publicize certain unjust evictions. One time, Hennessey said Towbis even called hotel magnate Leona Helmsley and talked her out of allowing her company to evict an elderly ParkMerced resident. Instead, Helmsley allowed the woman to live rent-free for the rest of her life, an unlikely gesture of kindness from the “queen of mean” that Towbis helped publicize.

Hennessey draws the line at outright refusal to carry out a judge’s eviction order. “The sheriff shouldn’t be a law-breaker,” he says. Yet Hennessey’s lawyerly approach to complex issues also resulted in his recent policy of not honoring federal detention holds on undocumented immigrants in the jail, after discovering that the holds are administrative — different than arrest warrants — so defying them isn’t a crime.

The policy Hennessey created last year was to ignore ICE requests for prisoners who aren’t charged with felonies or domestic violence charges, noting that the latter charges are often brought but eventually dropped against people who are the victims of domestic violence.

Hennessey tapped federal and foundation grant money to fund his new treatment and educational programs, hiring an ex-convict to write his grant proposals, something that particularly irked many of his deputies.

But Hennessey believed that ex-offenders had something to offer the department so he didn’t back down in hiring them, going so far as to elevate Michael Marcum, who had gone to prison for killing his own abusive father, to the top position of undersheriff in 1993.

Police groups were outraged, but Hennessey said he had known Marcum for many years and valued his counsel and perspective on the criminal justice system. “It wasn’t hard because I knew him and I know of his integrity and loyalty,” Hennessey said.

Hennessy also irked conservative cop culture for aggressive efforts to make the department more diverse. “We wanted more minorities, we wanted more women, and we wanted gay people,” said Hennessey, who initiated outreach efforts to each of those communities.

In 1984, when he approved of an outreach event in Chaps, a gay leather bar in the Castro — complete with flyers around the Castro publicizing the event — it generated a furor that made headlines not just locally in the San Francisco Chronicle, but the National Enquirer tabloid as well.

Yet Hennessey was able to ride out each of the controversies, many of which happened to fall years away from his next reelection campaign. “Those are good times to make dramatic changes,” Hennessey said.

And because he also saw to some neglected basics in the Sheriff’s Department — such as improving training and the jails’ physical structures to prevent escapes and instituting policies to reduce violence between inmates and guards — Hennessey endured and became a beloved sheriff.

 

VICTORY OF PERSISTENCE

“I’ve always felt somewhat isolated in these beliefs,” said Hennessey, who said that the biggest failure of his career was not proselytizing those beliefs to a statewide and national audience more aggressively. Instead, he has focused on San Francisco, quietly turning the city into a national model for a different kind of policing.

Despite his progressive record, Hennessey has won plaudits and respect from across the political spectrum. In the last election, even the cops who sought to replace him and to undermine his endorsement of Mirkarimi — Chris Cunnie, Paul Miyamoto, and David Wong — all praised Hennessey and promised to continue his programs.

During the Dec. 13 board meeting, Sup. Mark Farrell — consistently one of the most conservative votes on the board — said he has known Hennessey almost his entire life (the sheriff and Farrell’s dad were law school classmates). “I cannot think of anyone with more integrity, a more trustworthy and honest person, than I’ve ever know in my life,” Farrell said.

Sup. David Campos said the immigrant community owes Hennessey a tremendous debt of gratitude. “You have been a tremendous champion for civil rights,” Campos said. “For that, history will judge you very kindly.”

It is a history that Mirkarimi pledges to continue. “Who’s going to fill his shoes? It’s impossible,” Mirkarimi said at the board meeting. “But we certainly have an incredible standard to try to live up to.”

As for Hennessey, he has a fairly clear idea of what he plans to do now that his long and unlikely run as one of the city’s top cops is over: “I’m going to goof around.” *

Progressives split on bag ban, ex-cons

12

A couple of interesting votes at the Board of Supes Dec. 6. Sup. Ross Mirkarimi lost two pieces of legislation — a mandate that stores charge for bags at checkout counters and a tax credit for companies that hire ex-offenders.

The bag ban went down 7-4. Well, actually, it was continued to February, by which time Mirkarimi will be gone. Sup. Jane Kim said she wanted to see more outreach to minority businesses, and was quoted in the press saying she would support it at a future date, but I suspect the delay marks the end of the bill. Without Mirkarimi around to push it, the measure will probably just die. It’s odd because San Francisco used to be on the cutting edge of environmental issues; the bag ban is getting picked up by other cities and will probably be law all over the country in a decade.

Voting for the continuation were three supes who said they supported the “concept” — Scott Wiener, David Chiu and Kim.

The ex-offender tax credit went down 6-5 — and on this one, Sup. Malia Cohen, who is not always with the progressives but whose district has the largest number of parolees in the city, supported Mirkarimi. So did Kim, Eric Mar, and David Campos. The swing vote: Sup. John Avalos, the progressive leader in the mayor’s race and one of the most solid left votes on the board.

Avalos told me that he doesn’t support tax breaks; he’s been consistent on that, and I understand. I don’t support tax breaks, either. I don’t think they’re very effective and they cost the city money. But there are two elements that make this unusual — for one, if anyone actually used the tax credit and hired an ex-offender, the money the city would likely save by keeping that person from going back to jail would greatly exceed the amount of the tax reduction.

Besides, I was waiting to see Lee come up with an excuse to veto the bill — particularly at a time when more and more ex-offenders are going to be released in San Francisco. I know this is just petty politics and all that, but this was a tough decision involving a very unpopular group (nobody wants to be nice to former criminals) — and Lee got off easy.

Endorsement interviews: Bill Fazio

2

Bill Fazio has been both a prosecutor and a defense lawyer — most recently working on the defense side — and his views on criminal justice have changed a bit since he first ran for District Attorney’s office in 1999. Back then, he was a supporter of the death penalty; today, he says it’s an expensive failure. He’s not a big fan of “buy busts,” and said he supports restorative justice (but in a limited way). He vowed to us that he’d appoint a team of investigators and prosecutors to go after municipal corruption. You can listen to the interview and watch the video after the jump.

Fazio by endorsements2011

 

Endorsement interviews: David Onek

2

David Onek has been running for district attorney pretty much since former D.A. Kamala Harris announced she was seeking the office of attorney general. He’s clearly, repeatedly and strongly said he opposes capital punishment and will never seek the death penalty. He told us he’s running because “the criminal justice system is broken” — and vowed, among other things, to start a restorative justice system for juvenile offenders.  And although he’s never been a prosecutor, he told us that “we’ve been arresting and prosecuting people just fine — now we need to reform the system.”

You can see a video of his opening statement and listen to the full interview after the jump.

Onek by endorsements2011

 

 

 

 

The real Leland Yee

53

tredmond@sfbg.com

It’s early January 2011, and the Four Seas restaurant at Grant and Clay is packed. Everyone who is anyone in Chinatown is there — and for good reason. In a few days, the Board of Supervisors is expected to appoint the city’s first Asian mayor.

The rally is billed as a statement of support for Ed Lee, the mild-mannered bureaucrat and reluctant mayoral hopeful. But that’s not the entire — or even, perhaps, the central — agenda.

Rose Pak, who describes herself as a consultant to the Chinese Chamber of Commerce but who is more widely known as a Chinatown powerbroker, is the host of the event. She stands in front of the room, takes the microphone, and, in Cantonese, delivers a remarkable political speech.

According to people in the audience, she says, in essence, that the community has come out to celebrate and support Ed Lee — but that’s just the start. She also urges them not just to promote their candidate — but to do everything possible to prevent Leland Yee from becoming mayor.

She continues on for several minutes, lambasting Yee, the state Senator who lived in Chinatown as a child, accusing him of about every possible political sin — and turning the Lee rally into an anti-Yee crusade. And nobody in the crowd seems terribly surprised.

Across Chinatown, from the liberal nonprofits to the conservative Chamber of Commerce, there’s a palpable fear and distrust of the man who for years has been among San Francisco’s most prominent Asian politicians — and who, had Lee not changed his mind and decided to run for a full term this fall, was the odds-on favorite to become the city’s first elected Chinese mayor.

The reasons for that fear are complex and say a lot about the changing politics of Asian San Francisco, the power structure of a city where an old political machine is making a bold bid to recover its lucrative clout — and about the career of Yee himself.

Senator Leland Yee is a political puzzle. He’s a Chinese immigrant who has built a political base almost entirely outside of the traditional Chinatown community. He’s a politician who once represented a deeply conservative district, opposed tenant protections, voted against transgender health benefits and sided with Pacific Gas and Electric Co. on key environmental issues — and now has the support of some of the most progressive organizations in the city. He’s taken large sums of campaign money from some of the worst polluters in California, but gets high marks from the Sierra Club.

His roots are as a fiscal conservative — yet he’s been the only Democrat in Sacramento to reject budget compromises on the grounds that they required too many spending cuts.

He’s grown, changed, and developed his positions over time. Or he’s become an expert at political pandering, telling every group exactly what it wants to hear. He’s the best chance progressives have of keeping the corrupt old political machine out of City Hall — or he’s a chameleon who will be a nightmare for progressive San Francisco.

Or maybe he’s a little bit of all of that.

 

Leland Yin Yee was born in Taishan, a city in China’s Guangdong province on the South China Sea. The year was 1948; Mao Zedong’s Communist Party of China had taken control of much of the countryside and was moving rapidly to take the major cities. The nationalist army of General Chiang Kai-Shek was falling apart, and Yee’s father, who owned a store, decided it was time for the family to leave.

The Yees made it to Hong Kong, and since Mee G. Yee had previously lived in the United States and served in the U.S. Army during World War II, he was ultimately able to move the family to San Francisco. In 1951, the three-year-old Leland Yee arrived in Chinatown.

For four years, Yee lived with his sister and mother in a one-room apartment with a shared bathroom while his father worked as a sailor in the merchant marine. It was, Yee recalled in a recent interview, a tight, closed, and largely self-sufficient community.

“The movie theater, the shoe store, the barber shop, food — everything you needed you could get in Chinatown,” Yee said. “You never had to leave.”

Of course, after a while, Yee and his mom started to venture out, down Stockton Street to Market, where they’d shop at the Emporium, the venerable department store. “It was like walking into a different country,” he said. “If you didn’t know English, they didn’t have time for you.”

Yee, like a lot of young Chinese immigrants of his era, put much of his time into his studies — in the San Francisco public schools and in a local Chinese school. “My mom spoke a village dialect, and we had to learn Cantonese,” he said. “Every little kid had to go to Chinese school. We hated it.”

When Yee was eight, his parents managed to buy a four-unit building on Dolores Street, and the family moved to the Mission, where he would spend not only the rest of his childhood but much of his early adult life. He graduated from Mission High School, enrolled in City College, studied psychology and after two years won admission to UC Berkeley.

Berkeley in 1968 was a very different world from Chinatown and even the relatively controlled environment he’d experienced at home in the Mission. “You didn’t protest in school. You’d have been sent home, and your mother would kill you,” he said.

At Berekely, all hell was breaking loose, with the antiwar protests, the People’s Park demonstrations, the campaign to create a Third World College (which led to the first Ethnic Studies Department), and a general attitude of mistrust for authority. “I developed a sense of activism,” Yee said. “I realized I could speak out.”

That spirit quickly vanished when Yee lost faith in some of his fellow activists. “People would work with us, then get into positions of power and use that against you,” he recalled. “A lot of my friends said ‘forget it.’ I left the scene.”

Yee once again devoted his energy to school, earning a masters at San Francisco State University and a Ph.D in child psychology from the University of Hawaii. Along the way, he met his wife, Maxine.

With his new degree, the Yees moved back to San Francisco — and back in with his parents at the Dolores property, where he, Maxine and a family that would grow to four kids would live for more than a decade.

 

Yee worked as a child psychologist for the San Francisco Department of Public Health, starting the city’s first high school mental-health clinic. He went on to become a child psychologist at the Oakland Unified School District, then joined a nonprofit mental health program in San Jose.

In 1986, Yee decided to get active in politics for the first time since college, and ran for the San Francisco School Board. He lost — and that would be the only election he would ever lose. In 1988, he won a seat, and established himself as an advocate for students of color, fighting school closures in minority neighborhoods. He also tried to get the district to modify its harsh disciplinary rules, arguing against mandatory expulsions.

On fiscal issues, though, Yee was a conservative. For his first term, despite the brutal cutbacks of the recession of the late 1980s and early 1990s, he insisted that the district make do with the money it had. His solution to the red ink: Cut waste. Only in 1992, when he was up for re-election, did he acknowledge that the district needed more cash; at that point, he supported a statewide initiative to tax the rich to bring money to the schools.

The sense of fiscal conservatism — of holding the line on taxes, but mandating open and fair contracting procedures and tight financial controls — was a hallmark of much of his political career. When the Guardian endorsed him for re-election to the board in 1992, we wrote that “there’s real value in his continuing vigilance against administrative fat and favoritism in contracts.”

Over the next four years, Yee worked with then-Superintendent Waldemar “Bill” Rojas, a deeply polarizing figure who pushed his own personal theory of “reconstitution” — firing all the staff at low-performing schools — and later was enmeshed in a scandal that led to prison time for a contractor he’d hired. Yee told me he was the only board member to vote against hiring Rojas, but people who were watching the board closely back then say he didn’t always stand up to the superintendent.

He also became what some say was a bit too close with Tim Tronson, a consultant hired by the district as a $1,000-a-day facilities consultant. Tronson wound up getting indicted on 22 counts of grand theft, embezzlement, and conspiracy in a scheme to steal $850,000 from the schools, and was sentenced to four years in state prison.

In 1998, when some school board members wanted to build housing for teachers on property that the district owned in the Sunset, Yee led the opposition — with Tronson’s help. At one meeting at Sunset Elementary School, Yee went so far as to say, according to people present, that “Tim Tronson is my man, and I rely on him for advice.”

Yee acknowledged that he worked closely with Tronson to defeat that housing project. “He was the facilities manager,” Yee explained, “and I said that I trusted his judgment.”

 

Yee has either a great sense of political timing or exceptional luck. He ran for the Board of Supervisors in 1996, facing one of the weakest fields in modern San Francisco history. He was the only Chinese candidate and one of just two Asians (the other, appointed incumbent Michael Yaki, barely squeaked to re-election). In an at at-large election with the top five winning seats, Yee came in third, with 103,000 votes.

He was never a progressive supervisor. In 2000, the Guardian ranked the good votes of what we referred to as Willie Brown’s Board, and Yee scored only 43 percent. He was against campaign finance reform. He supported the brutal gentrification and community displacement represented by the Bryant Square development. He voted to kill a public-power feasibility study and opposed the Municipal Utility District initiative. He opposed a moratorium on uncontrolled live-work development.

In 2002, Yee was one of only three supervisors to oppose Proposition D, a crucial public-power measure that would have broken up PG&E’s monopoly in the city. He stood with PG&E (and then-Sups. Tony Hall and Gavin Newsom) in opposition to the measure, then signed a pro-PG&E ballot argument packed with PG&E lies.

When I asked him about that stand, Yee at first didn’t recall opposing Prop. D, but then said he “stood with labor” on the issue. In fact, the progressive unions didn’t oppose Prop. D at all; the opposition was led by PG&E’s house union, IBEW Local 1245.

Yee was particularly bad on tenant issues. He not only voted to deny city funding for the Eviction Defense Collaborative, which helped low-income tenants fight evictions; he actually tried to get the city to put up money for a free legal fund to help landlords evict their tenants. He opposed a ballot measure limiting condo conversions. He opposed a measure to limit the ability of landlords to pass improvement costs on to their tenants.

In 2001, Yee voted to uphold a Willie Brown veto of legislation to limit tenancies in common, a backdoor way to get around the city’s condo conversion ordinance. Only Hall and Newsom, then the most conservative supervisors on the board, joined Yee. At one point, he started asking whether the city should consider repealing rent control.

He opposed an affordable housing bond in 2002, joining the big landlord groups in arguing that it would raise property taxes. Every tenant group in town supported the measure, Proposition B; every landlord group opposed it.

I asked Yee about his tenant record, and he told me that he now supports rent control. But he said that he was always on the side of homeowners and small landlords, and that property ownership was central to Chinese culture. “I was responding to the Chinese community and the West Side,” he said.

He wasn’t much of an environmentalist, either — at least not in today’s terms. He was one of the only city officials to support a “Critical Car” rally in 1999, aimed at promoting the rights of vehicle drivers (and by implication, criticizing Critical Mass and the bicycle movement).

His record on LGBT issues was mixed. While he supported a counseling program for queer youth when he was on the school board, he also supported JROTC, angering queer leaders who didn’t want a program in the public schools run by, and used as a recruiting tool for, the military, which at that point open discriminated against gay and lesbian people.

 

 

Yee was also one of only two supervisors who voted in 2001 against extending city health benefits to transgender employees.

That was a dramatic moment in local politics. Nine votes were needed to pass the measure, and while eight of the supervisors were in favor, Yee and Hall balked. At one point, Board President Tom Ammiano had to direct the Sheriff’s Office to go roust Sup. Gerardo Sandoval, who was ducking the issue in his office, to provide the crucial ninth vote.

Yee didn’t just vote against the bill. According to one reliable source who was there at the time, Yee spoke to a community meeting out on Ulloa Street in the Sunset and berated his colleagues, quipping that the city should have better things to do than “spend taxpayer money on sex-change operations.”

It was a bit shocking to trans people — Yee had, over the years, befriended some of the most marginalized members of what was already a marginalized community. “There was one person at the rail crying, saying ‘Leland, how could you do this to us,'” Ammiano recalled.

The LGBT community was furious with Yee. “I didn’t speak to him for at least a year,” Gabriel Haaland, one of the city’s most prominent transgender activists, told me.

Yee now says the vote was a mistake — but at the time, he told me, he was under immense pressure. When he voted for the queer youth program, he said, “the elders of the Chinese community ripped me apart. They called my mother’s friends back in the village [where he was born] and said her son was embarrassing the Chinese community.”

That must have been difficult — and he said that “if I had known the pain I had caused, I wouldn’t have voted that way.” But it was hard to miss that pain his vote caused.

On the other hand, people learn from their experiences, attitudes evolve, we all grow up and get smarter, and the way Yee describes it, that’s what happened to him.

In 2006, when he was running for state Senate, Yee met with a group of trans leaders and formally — many now say sincerely — apologized. It was an important gesture that made a lot of his critics feel better about him.

“He didn’t have to do that,” Haaland said. “People change, and he paid for his crime, and that’s genuine enough for me.”

As a former school board member, Yee kept an interest in the schools — but not always a healthy one. At one point, he actually proposed splitting SFUSD into two districts, one on the (poorer) east side of town and one on the (richer) west. “We strongly opposed that,” recalled Margaret Brodkin, who at the time ran Coleman Advocates for Children and Youth. “Eventually he dropped the idea.”

For all the problems, in his time on the Board of Supervisors, Yee developed a reputation for independence from the Brown Machine, which utterly dominated much of city politics in the late 1990s. His weak 43 percent rating on the Guardian scorecard was actually third-best among the supervisors, after Ammiano and the late Sue Bierman.

In 1998, he was one of the leaders in a battle to prevent the owners of Sutro Tower from defying the city’s zoning administrator and placing hundreds of new antennas on Sutro Tower. He, Bierman, and Ammiano were the only supervisors opposing Brown’s crackdown on homeless people in Union Square.

When he ran in the first district elections, in 2000, against two opponents who had Brown’s support and big downtown money, the Guardian endorsed him, noting that while he “can’t be counted on to support worthy legislation … He’s one of only two board members who regularly buck the mayor on the big issues.”

(He never liked district elections, and used to take any opportunity to denounce the system, at times forcing Ammiano to use his position as president to tell Yee to quit dissing the electoral process and get to the point of his speech.)

 

In 2002, the westside state Assembly district seat opened up, and both Yee and his former school board colleague Dan Kelly ran in the Democratic primary. Yee won, and went on to win the general election with only token opposition.

His legislative record in the Assembly wasn’t terribly distinguished. Yee never chaired a policy committee — although he did win a leadership post as speaker pro tem. And he cast some surprisingly bad votes.

In 2003, for example, then-Assemblymember Mark Leno introduced a bill that would have exempted single-room occupancy hotels from the Ellis Act, which allows landlords to evict tenants for no reason. Yee refused to vote for the bill. Leno was furious — he was one vote short of a majority and Yee’s position would have doomed the bill. At the last minute, a conservative Republican who had grown up in an SRO hotel voted in favor.

When he ran for re-election in 2004, we noted: “What’s Leland Yee doing up in Sacramento? We can’t figure it out — and neither, as far as we can tell, can his colleagues or constituents. He’s introduced almost no significant bills — compared, for example, to Assemblymember Mark Leno’s record, Yee’s is an embarrassment. The only high-profile thing he’s done in the past several years is introduce a bill to urge state and local governments to allow feng shui principles in building codes.”

In 2006, Yee decided to move up to the state Senate, and he won handily, beating a weak opponent (San Mateo County Supervisor and former San Francisco cop Mike Nevin) by almost 2-1. His productivity increased significantly in the upper chamber — and in some ways, he moved to the left. He’s begun to support taxes — particularly, an oil severance tax — and when I’ve questioned him, he somewhat grudgingly admits that Prop. 13 deserves review.

He’s done some awful stuff, like trying to sell off the Cow Palace land to private developers. But he has consistently been one of the best voices in the Legislature on open government, and that’s brought him some national attention.

Yee has been a harsh critic of spending practices and secrecy at the University of California, and when UC Stanislaus refused in 2010 to release the documents that would show how much the school was paying Sarah Palin to speak at a fundraiser, Leland flew into action. He not only blasted the university and introduced legislation to force university foundations to abide by sunshine laws; he worked with two Stanislaus students who had found the contract in a dumpster and made headlines all over the country.

He’s fought for student free speech rights and this year pushed a bill mandating that corporations that get tax breaks for job creation prove that they’ve actually created jobs — or pay the tax money back. He’s also won immense plaudits from youth advocates and criminal justice reformers for his bill that would end life-without-parole sentences for offenders under 18.

Along the way, he compiled a 100 percent voting record from the major labor unions, including the California Nurses Association and SEIU, and with the Sierra Club. All three organizations have endorsed him for mayor.

Yee told me that he thinks he’s become more progressive over the years. “My philosophy has shifted,” he said.

Yet when you talk to his colleagues in Sacramento, including Democrats, they aren’t always happy with him. Yee has a tendency to be a bit of a loner — he’s never chaired a policy committee and in some of the most bitter budget fights, he’s refused to go along with the Democratic majority. Yee insists that he’s taken principled stands, declining to vote for budget bills that include deep service cuts. But the reality in Sacramento is that budget bills have until this year required a two-thirds vote, meaning two or three Republicans have had to accept the deal — and losing a Democratic vote has its cost.

“You have to give up all sorts of things, make terrible compromises, to get even two Republicans,” one legislative insider told me. “When a Democrat goes south, you have to find another Republican, and give up even more.”

In other words: It’s easy to take a principled stand, and make a lot of liberal constituencies happy, when you aren’t really trying to make the state budget work.

 

I met Rose Pak on a July afternoon at the Chinatown Hilton. She brought along her own loose tea, in a paper package; the waitress, who clearly knew the drill, took it back to the kitchen to brew. Pak and I have not been on the greatest of terms; she’s called the Guardian all kinds of names, and I’ve had my share of critical things to say about her. But on this day, she was polite and even at times charming.

After we got the niceties out of the way (she told me I was unfair to her, and I told her I didn’t like the way she and Willie Brown played politics), we started talking about Yee. And Pak (unlike some people I interviewed for this story) was happy to speak on the record.

She told me Yee had “no moral character.” She told me she couldn’t trust him. She told me a lot of stories and made a lot of allegations that we both knew neither she nor I could ever prove.

Then we got to talking about the politics of Chinatown and Asians in San Francisco, and a lot of the animosity toward Yee became more clear.

For decades, Chinatown and the institutions and people who live and work there have been the political center of the Chinese community. Nonprofits like the Chinatown Community Development Center have trained several generations of community organizers and leaders. The Chinese Chamber of Commerce, the Six Companies, and other business groups have represented the interests of Chinese merchants. And while the various players don’t always get along, there’s a sense of shared political culture.

“In Chinatown,” Gordon Chin, CCDC’s director, likes to say, “it’s all about personal connections.”

There’s a lively infrastructure of community-service programs, some of which get city money. There’s also a sense that any mayor or supervisor who wants to work with the Chinese community needs to at least touch base with the Chinatown establishment.

Yee doesn’t do that. “He doesn’t give a shit about them,” David Looman, a political consultant who has worked with many Chinese candidates over the years, told me.

Yee’s Asian political base is outside of Chinatown; he told me he sees himself representing more of the Chinese population of the Sunset and Richmond and the growing Asian community in Visitacion Valley and Bayview.

Pak is connected closely to Brown, who Yee often clashed with. For Pak, Brown, and their allies, strong connections to City Hall mean lucrative lobbying deals and public attention to the needs of Chinatown businesses. Then there’s the nonprofit sector.

CCDC and other nonprofits do important, sometimes crucial work, building and maintaining affordable housing, taking care of seniors, fighting for workers rights, and protecting the community safety net. Yee, Pak said, “has never shown any interest in our local nonprofits. We all work together here, and he doesn’t seem to care what we do.” Yee told me he has no desire to see funding cut for any critical social services in any part of town. But he has also made no secret of the fact that he questions the current model of delivering city services through a large network of nonprofits, some of which get millions of taxpayer dollars. And the way Pak sees it, all of that — the nonprofits, the business benefits, the contracts — are all at risk. “If Leland Yee is elected mayor,” she told me, “we are all dead.”

I ran into an old San Francisco political figure the other day, a man who has been around since the 1970s, inside and outside of City Hall, who remains an astute observer of the players and the power relationships in the local scene. At the time we talked, he wasn’t supporting any of the mayoral candidates, but he had a thought for me. “This town,” he said, “is being taken over by a syndicate. Willie Brown is the CEO, and Rose Pak is the COO, and it’s all about money and influence.”

That’s not a pleasant thought — I’ve lived through the era of political machine dominance in this town, and it was awful. In the days when Brown ran San Francisco, politics was a tightly controlled operation; only a small number of people managed to get elected to office without the support of the machine. Developers made land-use policy; gentrification and displacement were rampant; corruption at City Hall turned a lot of San Franciscans off, not only to the political process but to the whole notion that government could be a positive force in society.

A few years ago, I thought those days were over — and to a certain extent, district elections will always make machine politics more difficult. But when I see signs of the syndicate popping up — and I see a candidate like Ed Lee, who’s close friends with Brown, leading the Mayor’s Race — it makes me nervous. And for all his obvious flaws, at least Leland Yee isn’t part of that particular operation. If there’s a better reason to vote for him, I don’t know what it is.

YEE HOME PURCHASE RAISES SUSPICIONS

Rose Pak has a question about Leland Yee. “How,” she asked me, “did the guy manage to buy a million-dollar house on a $30,000 City Hall salary?”

Pak isn’t the only one asking — numerous media reports over the years have examined how Yee raised a family of four and bought a house in the Sunset on very little visible income. And while I’m not usually that interested in the personal finances of political candidates, I decided that it was worth a look.

Here’s what I found: Public records show that in July 1999, Yee and his wife, Maxine, purchased a house on 24th Avenue for $875,000 (it’s now assessed at slightly more than $1 million). At the time, Yee was a San Francisco supervisor, earning a little more than $30,000 a year. (The salary of the supervisors was raised dramatically shortly after Yee left the board and went to the state Assembly.) His wife wasn’t working. And his economic interest statements for that period show no other outside earnings. So the disposable, after-tax income of the entire Yee family couldn’t have been much more than $25,000.

That, by any normal standard, shouldn’t have been enough to float a mortgage that, records show, totaled $516,000. In fact, the interest payments alone on that mortgage alone would total $3,600 a month — more than Yee’s gross income.

Documents in the Assessor’s Office show another paper trail, too. In 1989, Jung H. Lee, Yee’s mother, transferred the deed on a four-unit Dolores St. building where the family had been living to Maxine and Leland Yee — for no money. And a few months before the Yees bought the Sunset house, they took out a $320,000 home-equity loan on that property. That was the down payment on the Sunset property.

Still: At that point, the Yees would have been paying off two mortgages, with a total nut of about $5,000 a month — and supporting four kids, in San Francisco. In 2002, Yee’s economic interest statement’s show some modest income from teaching at Lincoln University — but nowhere near enough to pay that level of expenses.

What happened? Yee explains it this way: “For more than 10 years, we were living rent-free in my parents’ property,” he told me I an interview. “We were a close Chinese family, and my parents provided the food and helped pay for the children’s clothing. So we had almost no expenses and we lived very frugally.”

During that period, Yee was working for the San Francisco Department of Public Health, the Oakland Unified School District, and a San Jose nonprofit, earning, he said, between $50,000 and $90,000 a year. If he saved almost all of that money, he would have had more than a half-million dollars in the bank when he bought the Sunset house.

There’s nothing on any of his economic disclosure forms showing any ownership of stocks or other reportable financial interests during that period, so he wasn’t investing the money. In fact, he says, it was, and is, all in simple savings accounts. A bit unusual for that large a sum of money.

How did he get a mortgage? “Back then,” he said, “banks were willing to lend a lot more freely than they do today.”

Starting in 2003, Yee was in the state Assembly, making a higher salary — but still not much in excess of $100,000 a year. After taxes, he was probably taking home about $75,000 — and $60,000 was going to the two mortgages.

How did he do it? “We have been supplementing our income with our savings,” he said. “We don’t take vacations, we are very careful with our money.” And they clearly aren’t desperate for cash — Yee’s daughter occupies two of the four units in the Dolores St. building they own, but the other two units are vacant.

It’s possible. It’s plausible. But I don’t blame people for wondering how he managed to pull it off. (Tim Redmond, with research assistance by Oona Robertson) 

 

 

 

BIG CORPORATIONS HAVE BACKED YEE

Yee became a prodigious fundraiser in Sacramento — and a lot of the money came from big corporations that had business in the Legislature. And while he has perfect scores from the Sierra Club and the big labor unions, he’s taken tens of thousands of dollars from some of the biggest corporations, agribusiness interests, and polluters in the state. And at times, he’s voted their way.

Since 1993, for example, campaign finance records show Yee has taken more than $20,000 from Chevron, ExxonMobil, Valero, Conoco Phillips, and BP. He’s received another $22,450 from the chemical industry (and industry employees). Most of it came from Clorox, Dow Chemical, and Dupont.

And while the Sierra Club may not have considered it a priority, Sen. Mark Leno has worked hard to pass a bill limiting chemical fire retardants in furniture. In 2008, Yee voted against Leno’s AB 706.

That year he also refused to support a bill that would prohibit the use of the chemical diacetyl in workplaces. The industries that opposed AB 514 (including Bayer, Abbott Laboratories, Pfizer, and Johnson & Johnson) have given Yee a total of more than $60,000.

In 2003, Yee voted against a crucial tenant bill, one that would have prevented the owners of single room occupancy hotels from using the Ellis Act to evict tenants. He received a campaign check for $2,500 from the San Francisco Apartment Association the next day. Landlords in general have given Yee close to $40,000.

Then there’s agribusiness. Yee gets a lot of money from the farming industry, despite the fact that there obviously aren’t many farms in his district. Why, for example, would the California Poultry Association, the California Cattlemen’s Association, and the California Farm Bureau give him money? The Poultry Association’s Bill Mattos told us that Yee “has taken a keen interest in California’s poultry industry.”

Yee also took immense flak from the San Francisco Chronicle and other papers over a 2003 vote against a bill to limit emissions from farm vehicles. In an editorial, the paper wrote that he was “doing dirty work for the lobbyists.” In the end, under immense public pressure, he switched positions and voted for the bill. I asked Yee about all that money from all those bad operators, and he told me — as most politicians will — that campaign cash has never influenced any of his votes.

So why do all these groups give him money? “It’s about whether you will sit down and listen,” Yee said. “I will talk to all sides and at least consider the arguments as a thoughtful human being. Then I vote my conscience.” (Tim Redmond, with research by Oona Robertson) 

Guns and necessity

4

The Public Defender’s Office is getting a lot of press for its trial victory in the case of Johnny Stone. And as a big fan of the Public Defender’s Office (although not always of Jeff Adachi’s outside political ventures), I have to say: Congratulations. Arial Boyce-Smith came up with an effective strategy to keep Stone out of jail on a gun charge. I’m generally happy when the defense wins; I think our criminal justice system is so screwed up, and our prison system is a costly, brutal, inhuman and ineffective way to handle offenders. A few high-profile cases aside, the times when prosecutors put innocent people (or people who don’t deserve prison time) behind bars far exceeds the number of times when a truly guilty bad actor gets away.


So good for the PD. From the facts in this case, I see no reason why Mr. Stone should have been convicted.


But I also have to say: I’m glad this was just a trial court case and doesn’t set any precedent. Because the idea that a person can carry a concealed firearm around any time he or she can claim to be afraid of crime is a pretty dangerous idea.


I know all the gun nuts will be on my case here, but I’ve never been big on handguns, and never believed guns are a terribly good means of self-defense. And while Stone was in fact in a situation that could have made him fearful for his life, I wonder: Was he really going to point the gun and shoot somebody? Would another gun battle in front of the Sunnydale Housing Project be good for anyone?


And how scared do you have to be? I know plenty of people who worry about crime in the Mission — and I wouldn’t want any of them walking around with concealed handguns.


I appreciate the excellent trial work here. But let’s not try that too often.

Politicians have a limited time offer for you

0

As politicians push to maximize their campaign contributions before the semi-annual reporting deadline of tonight (Thu/30) at midnight – a big measure of the strength of their campaigns and sure-fire way to keep the money flowing in – our e-mail in-boxes at the Guardian have been flooded with urgent pleas for cash.

There’s a real art to these appeals, which generally rely on some combination of fear, humor, “we’re so close” appeals to “put us over the top,” and earnest calls for support in order to get people to open their wallets. We won’t find out how the campaigns really did for another month when the forms are due, but we thought we’d offer a sampling of our favorite pitches of the season.

President Barack Obama is offering to join you for dinner if you give his presidential campaign even a few bucks: “ I wanted to say thank you before the midnight deadline passes. And I’m looking forward to thanking four of you in person over dinner sometime soon. If you haven’t thrown your name in the hat yet, make a donation of $5 or more before midnight tonight — you’ll be automatically entered for a chance to be one of our guests.”

Democratic Party consultant James Carville sent out a funny one entitled “Backwards tattoo” on behalf of the Democratic Senatorial Campaign Committee: “FEC deadline is midnight, and here’s a number to ponder: 90%. It’s so important, you should tattoo it backwards on your forehead so you read it every time you brush your teeth:

  • 90% of donations to Karl Rove’s American Crossroads this year came from 3 billionaire donors bent on destroying President Obama.

  • 90% of donations to the DSCC come from grassroots supporters.”

Comedian and U.S. Sen. Al Franken always writes great appeals. I liked his previous one, “Oatmeal,” better than his current one, “Cake,” but it’s still pretty good: “Remember Election Night 2010? Remember watching Democrats you admired—progressive champions—giving concession speeches?  Remember shaking your head as radical right-wingers were declared winners?  Remember the first moment you realized that John Boehner was going to become Speaker of the House? Not fun memories.  But here’s the thing: In a lot of states, the cake was baked a long time before the polls closed—not in 2010, but in 2009. Every cycle, races are won and lost—months before anyone votes—because one side builds an early advantage that proves to be insurmountable.”

On the other side other aisle, the National Republican Senatorial Committee is offering signed lithographs of the U.S. Capitol (huh?) for donations of $125 or more, or you can give just $4 to help elect four more GOP senators because, “Even with the support of all 47 Republican Senators for a Balanced Budget Amendment, Harry Reid blocking its progress every step of the way will be nearly impossible to overcome.”

GOP presidential candidate Mitt Romney writes that, “Your donation will build the campaign needed to defeat the Obama juggernaut in 2012.”

Rep. Dennis Kucinich (D-Ohio) issued a national appeal for his efforts to stand “up to leaders of both parties” and the scheming capitalist forces: “Across the country, corporate forces have been pushing for draconian cuts to the social safety net, making it harder for all Americans to have a better quality of life.”

SF District Attorney candidate David Onek used his wife – Kara Dukakis, daughter of former Democratic presidential nominee Michael Dukakis – to make his fundraising plea today: “I’m writing today to ask for your help. As you already know, my husband, David Onek, is running to be San Francisco’s next District Attorney to reform our broken criminal justice system. The deadline for our fundraising period is midnight tonight and it is crucial that we make a strong showing.”

U.S. Sen. Barbara Boxer even acknowledged the barrage of funding appeals as she sought money for her PAC for Change: “I know you may be getting a flurry of these June 30 fundraising emails today, so let me get right to the point: We’ve already raised more than $44,000 toward our $50,000 end-of-quarter grassroots goal — but if we’re going to make it, and fight back against the millions that Karl Rove and our opponents are already spending against us, I need your support before midnight tonight.”

SF Mayoral candidate Leland Yee sent out an appeal this morning with the subject line, “An amazing couple months…14 hours to go before the deadline,” in which he touted his campaign’s endorsements and accomplishments but asked people to dig deeper: “Even if you have donated to the campaign already, a contribution before midnight tonight will make a huge difference. Every dollar counts and no amount is too small.”

Mayoral candidate Dennis Herrera exclaimed: “Wow! It’s been just seven hours since I sent an email to each of you asking for your support in sponsoring my field team’s 10,000 signatures by matching them with a fundraising goal of $10,000 – and we have made some serious progress. “

And then tomorrow, after a likely round of “thank you, we did it!” self-congratulatory messages, it’s back to summer as usual.

On the hook

4

rebeccab@sfbg.com

Unique Roberts squared back her shoulders and recalled what it was like when she first moved to San Francisco from East Oakland more than a decade ago. A tall, 33-year-old African American transgender woman with piercing eyes and a charming smile despite gaps of missing teeth, Roberts said she performed as a showgirl at clubs like Harvey’s and the Pendulum in the Castro. In those exciting days, “I fell in love with this boy, and he was an addict,” she explained. “I thought that if I did it, it would keep our relationship together.”

She recalled how awful her boyfriend felt when he found out she was using, telling her, “You don’t know what you’re doing to yourself.” He departed for Texas several years later, but addiction stuck with her as a way of life.

She says she’s tried to kick the habit, but it’s wrapped up in a battle against depression stemming from the loss of loved ones. Roberts was wearing one of the bright orange sweatshirts issued to inmates at San Francisco County Jail. She landed there after being arrested in April for allegedly selling a tiny rock of crack, weighing just 9/100s of a gram, to an undercover narcotics officer. According to the police report, the cop offered her $20 for it — but based on National Drug Intelligence Center street-value estimates, that amount is only worth about $2.50.

Roberts may go by the first name Unique, but her lawyer Tal Klement, who works for the San Francisco Public Defender’s Office, is fond of saying her case is hardly unique at all. She was one of several people arrested in the Tenderloin that day after interacting with the same plainclothes officer.

It was part of a coordinated sweep known as a buy-bust, a common practice under which an officer may pose as a homeless person, a clueless outsider, or a dope-sick fiend to lure people into selling crack, pills, meth, heroin, or marijuana. Once a transaction is made, a team of officers awaiting the signal immediately closes in and arrests the seller.

As of June 20, there were at least 109 open buy-bust cases in San Francisco. Based on defendants’ rap sheets, 92 percent had prior drug-use histories, according to a tally conducted by the Public Defender’s Office.

The officers posing as buyers — who often earn overtime — use street lingo, know which drugs can be obtained at which intersections, and sometimes offer higher prices than the accepted street value. Attorney Anne Irwin, also a public defender, is critical of the practice, saying it’s an expensive tactic that’s makes for easy arrests — because the money is irresistible to addicts who think they’re getting an opportunity to convert a personal stash into more drugs.

In a lean budget year, “they’re cutting social services left and right, and these are the very services that could help the addicts get off the street,” Irwin noted. She’s skeptical that the strategy stems the flow of substantial quantities of drugs.

Police Chief Greg Suhr, who said he participated in buy-busts for years as a narcotics officer, credits the tactic for helping to eradicate a rampant open-air drug market on Third Street in the Bayview, and says it can help prevent drug-related violence.

Klement, however, condemns it as a “war on crumbs,” saying it ensnares far more addicts than serious dealers and often ends up unnecessarily pinning felony convictions onto low-level offenders.

 

NUMBERS GAME

Buy-busts usually involve around eight officers, according to an average calculated by the Public Defender’s Office based on open cases, but have involved as many as 14 and as few as three. There’s the decoy buyer, who sometimes dresses in grimy sweatpants, goes without shaving, or dirties his face to look like a street addict in desperate need of a fix. There’s a “close cover” officer who follows the decoy, plus an arrest team that is also sometimes in plainclothes. Beforehand, officers will photocopy cash — usually $20 bills — to document the serial numbers so that the same marked city funds can be used as evidence once recovered from arrestees. Busts can happen within minutes of one another, and a single shift may net five or six arrests.

Irwin says the people snared aren’t typical drug dealers — certainly not big-time players. But they’re charged as dealers — and in many cases wind up branded as felons, with severe legal penalties such as multiyear prison sentences.

While the police department is able to show on paper that it’s brought hundreds of drug dealers into custody — and the district attorney can point to a boost in the conviction rate thanks to the program’s efficiency — Irwin says the amounts being peddled are tiny.

“In traditional narcotics operations, they cultivated snitches, used surveillance, and obtained search warrants” to go after major dealers, Irwin said. With buy-busts, “It’s like shooting fish in a barrel. Everyone agrees that we need cops on the streets to help keep us safe … But do we want to be paying hundreds of thousands of dollars for this?”

Sharon Woo, chief assistant of operations for the San Francisco District Attorney, told the Guardian that “we charge based on the conduct of the individual.” Woo went on to say that the DA tried to “exercise appropriate discretion” on a case-by-case basis when individuals are selling to support an addiction or due to being in dire financial straits.

Sometimes individuals are ushered into alternative programs such as drug court or a Back on Track program for first-time offenders, Woo said. And while the DA typically includes charges that make defendants ineligible for probation under state law if they have prior convictions for selling crack-cocaine — a discretionary practice that has drawn criticism from public defenders — Woo observed that “it doesn’t mean that’s how cases resolve.”

Police forces in nearly every major metropolitan area practice buy-busts, said Frank Zimring, a law professor at UC Berkeley’s Boalt Hall School of Law specializing in criminal justice issues. Yet he described the practice as costly and noted that paying overtime for it “makes what would ordinarily be a very expensive operation into a more expensive operation.”

Cost estimates for the entire program are tough to pin down. It costs $130 per day to house each prisoner in the county jail, amounting to more than $14,000 per day if all of the defendants with pending cases are in custody. If an average of eight officers per bust were paid $60 an hour each to spend six hours conducting a buy-bust, the current caseload represents more than $300,000 in officer pay — a conservative estimate — and that’s before lawyers in the offices of the public defender and district attorney are paid to prosecute and defend the suspects in court.

But no matter how you add it up, it’s a lot of money.

Suhr told the Guardian that apprehending street-level offenders occasionally leads officers to bigger fish. “Sometimes you get a low-level person, or a buyer if you will … if that same person would say, ‘But I know this guy and he has guns and he’s a big dealer and whatever.’ That is a good way to get to those bigger people.”

“We’ve never seen that happen in practice,” Klement countered.

One of Irwin’s clients, a homeless man, was charged with selling narcotics after he scraped out the contents of his pipe to sell 1/1,000th of a gram of crack to an undercover officer for $20. In a rare twist, the case was ultimately settled on a misdemeanor possession of narcotics.

Inspector Robert Doss, who served as the decoy in that case, has earned substantial amounts of overtime while going undercover to buy drugs, according to a court transcript. In 2009 Doss earned $35,488 in combined overtime and “other pay,” which includes time spent testifying in court, according to a San Francisco Chronicle database of municipal salaries.

 

ON THE STREET, OFF THE STREET

The Tenderloin is frequently targeted for buy-busts, with 65 percent of open cases as of June 13 having taken place in that neighborhood. The Haight ranked second, with nearly 12 percent of cases, and the Mission followed with 10 percent. Shortly after District Attorney George Gascón was sworn into his prior post as police chief in 2009, he announced a concerted effort to clean up the Tenderloin, and Klement maintains he’s seen a surge in cases stemming from buy-busts there ever since.

Drug dealing in the Tenderloin often makes the news as a source of frustration to merchants and residents. “You try and explain to the people of San Francisco that it’s okay for people to have open-air drug markets right in front of their stores,” Suhr said.

Yet Klement maintains that what is essentially a quality-of-life crime should not be treated as a felony. “There’s a lot of pressure from people who are invested in businesses [in the Tenderloin] who would love to see that neighborhood become the next Hayes Valley,” he said. “But what they don’t realize is that people are paying with prison for that agenda.”

Once someone has been labeled a drug dealer in the eyes of the law, he said, it becomes more difficult for them to access drug treatment — not to mention get a job, qualify for a student loan, or find housing.

Roberts’ case nearly went to trial. If convicted, she could have been sent to prison for a minimum of three and a maximum of 17 years due to extra penalties from prior convictions. On the eve of the trial, however, the case was settled on a possession charge for a year in jail, a rare outcome. Klement was hoping to have her placed in a treatment program.

Asked if she knew of others swept up in undercover operations, Roberts gave a wry chuckle and gestured to the jail corridor behind her, indicating that nearly everyone there had been taken down in similar fashion. Klement noted that the targets of the buy-busts are almost exclusively people of color, saying, “You walk into the holding cell and you think you’re in Alabama or Mississippi, not San Francisco.”

In an editorial on the subject that he wrote a couple years ago, Klement noted that by contrast, predominantly white middle class people with a fondness for illegal drugs are rarely targeted because they aren’t the ones selling drugs on the street. “The hard truth is that the police ignore most of the middle class drug use and dealing occurring out of private homes in every neighborhood or other public venues in the city — bars, nightclubs, concert halls. More drugs are being transported to Burning Man as we speak than will probably be seized during Gascón’s entire crackdown.”

For Klement, it’s just another symptom of a broken system. “A lot of these people are repeat players because we don’t have the right interventions at the right time,” he said. “We don’t understand addiction.”

 

Candidates land punches in first D.A. debate

5

District Attorney and former SFPD Chief George Gascón, Alameda County Deputy District Attorney Sharmin Bock, and former San Francisco Police Commissioner David Onek all landed solid punches during a three-way District Attorney debate that was co-hosted by the San Francisco Young Democrats and the Alice B. Toklas LGBT Democratic Club, and moderated by Recorder editor Scott Graham. The primary sponsor of the debate was the City Democratic Club, according to CDC President Jim Reilly. So, thanks CDC for helping to pull off a great event.

The debate was framed as a choice between Bock, a veteran prosecutor with leadership experience, Gascón, a career cop with managerial experience, and Onek, a former San Francisco Police Commissioner and criminal justice reform expert. And above all it proved that if you lock three attorneys in the same room and pit them in a three-way fight, you’ll be rewarded with a blood sport spectacle.

Bock kicked off by noting that there are many similarities between the three candidates—except when it comes to independence and experience “Experience matters,” Bock said, throwing a one-two punch at Gascón and Onek. “The job of the District Attorney is not a management job, a police job or a job for someone with just a law degree. It needs a veteran prosecutor,” she said—remarks that resonated well with the crowd, judging from the applause.

But after a few niceties, Gascón shot right back at Bock and Onek. “I am the only one who has led large organizations and pushed public policy forward in an effective manner,” he said.

And Gascón struck a home run when he revealed that when he took the job of Chief of Police in Mesa, Arizona, he was “facing one of the most toxic environments” in terms of hatred towards people of color and the LGBT community–and that he did something about it, by standing up to anti-immigrant Sheriff Joe Arpaio of Maricopa County, and protecting the local LGBT community’s right to protest.

When it was his turn to speak, Onek fired off his own rounds at Bock and Gascón, noting that the state’s criminal justice system is broken—and claiming that it will take an outsider to fix it.
“This is a once-in-a-lifetime opportunity to reform the criminal justice system,” Onek said, laying out his reform-minded track record.

And then he stuck it to both Bock and Gascón by stating that the death penalty does not work. “I will never seek it in San Francisco under any circumstances,” Onek said, earning excited applause, as he noted that he’ll look at all policy question through the prism of three questions: ‘Does it make us safer, is it cost effective and is it fair and equitable?”

Onek also noted that neither the Supreme Court’s ruling that California must reduce its prison population by 30,000, nor Gov. Jerry Brown’s call for prisoner realignment, come with any money.
‘That’s a disaster,” observed Onek, as he stressed the need to demand resources to help deal with the upcoming load of prisoners that about to return to San Francisco.

Gascón fielded questions about whether they are enough people of color and LGBT background in management in the D.A.’s Office. “Well, I think there’s definitely always room for improvement in any organization,” he said, noting that he has a history in the Los Angeles Police Department, the Mesa, Arizona Police Department and the SFPD, “of pushing very aggressively to have diversity within the office.”
But he started a bit of a buzz when he said it was “really a surprise to me that I promoted the first male, black, police captain to the San Francisco Police Department.”
“You would think that there have been, you know, male African-Americans in that department for many years. It was hard for me to believe that actually in 2009 we had not had one,”  Gascón continued, a remark that got some debate observers asking afterwards, if this meant that Gascón really did not know that former SFPD Chief Earl Sanders was a black male.

Meanwhile, Bock was happily trampling all over the sit-lie legislation that then SFPD Chief Gascón and Mayor Newsom backed last fall, as she noted that more foot patrols and community policy are what’s actually needed. “Political hot-button measures don’t work,” Bock said. “Both sides agree it hasn’t worked. It’s the wrong response to the real problem.

Asked if he had a conflict of interest, when it comes to investigating allegations of police misconduct, Gascón claimed the problem is limited to a small number of officers, adding, “if the allegations are true.”

“In reality the majority of the SFPD are hard-working people doing the right thing,” he said. “And there has been only one challenge—and our office has prevailed,” Gascón said. “However, there have been a finite number of cases where I personally adjudicated the bad conduct—and those will be handled by the Attorney General’s office.”

Bock stressed that she was not in favor of sending drug offenders to prison and would focus on restorative justice, instead. Asked if she would have a panel on her staff review potential death penalty cases, Bock confirmed that she is committed to having a Special Circumstances Committee, as D.A. Kamala Harris did, to get input around the facts and from lawyers involved in such cases.“The ultimate decision is mine, and I oppose the death penalty,” Bock said, noting that she does not believe that 12 jurors will return a unanimous death penalty verdict. “But I do think as prosecutor you need to go case by case.”

Asked if he would have sought the death penalty in a case like the L.A. Night Stalker, who murdered 13 people, many of them elderly, Gascón said, “Probably not. All of us agree that the death penalty is not a good tool. But it is part of our system, and I continue to have the system Kamala Harris had in place. At the end of the day, it’s my decision, and I’m the only one in the room, who can say I’ve already turned down the death penalty.”

Agreeing with Bock that a jury is unlikely to go for the death penalty, Gascón maintained that the death penalty is “an illusory issue,” and that the real question is, “How do we rewrite the State Constitution [so the death penalty is not on the books]?”

Asked how he felt about marijuana, Gascón said he doesn’t believe folks should be incarcerated for use—and that folks are already being diverted to community courts in those instances.

But when Onek tried to wrap up by positioning himself as a the reformist-minded outsider, Gascón pounced, reminding folks that Onek was a Police Commissioner, when the Police Commission recommended Gascón to Mayor Newsom as the next SFPD Chief. “While David is someone I respect—and one of those who hired me, David has painted himself as an outsider, when the Police Commission is the policy-making body for the SFPD. There are no outsiders here. The question is, what have you done? There’s a difference between calling yourself a reformer and having other people call you a reformer.”

Bock for her part used her closing remarks to remind folks that there has been a crime lab scandal, alleged police misconduct, a DNA backlog, and about 100 cases dismissed as a result of these scandals, and a bunch of prisoners are about to be sent back to the community because of realignment. “We’re in challenging times, at a critical crossroads, with stormy weather ahead,” she said. “I’m not going to be trying things out at your expense. As a veteran progressive prosecutor, I’m fully prepared.”

Waggoner for Police Commission

6

By Harry Britt, Matt Gonzalez, and Aaron Peskin

OPINION Given the escalating scandals in the San Francisco Police Department, the time is ripe to appoint a police commissioner who understands the recurring problems and the need for reform.

The supervisors have the opportunity to appoint such a commissioner: David Waggoner. Waggoner’s extensive background in policy reform, community policing, and criminal justice issues will be a valuable asset to the commission.

Waggoner has worked as a pro bono attorney before the Oakland Civilian Police Review Board and has earned the respect and admiration of people from highly diverse political and social backgrounds. His integrity and sense of justice and fairness inspire trust and confidence — and frankly, we could use a lot more of that in this city.

Credibility with historically marginalized communities — including people of color, new immigrants, the homeless, people with disabilities and the LGBT community — is essential in developing the kind of mutual respect that makes the department’s work effective or even possible. David Waggoner has that credibility.

In 2003, in response to years of strained relations between the SFPD and the community, the voters approved Proposition H. Prop. H gave the Police Commission more authority to adjudicate cases of officer misconduct and changed the makeup of the commission by giving the board three appointments to balance the mayor’s four.

Despite these significant steps toward reform, eight years later we have a Police Department that is under investigation by the Justice Department and the FBI and struggling to overcome serious credibility and morale problems.

Case in point: in the last year alone, the department’s credibility was undermined by a major crime lab scandal, the disclosure of Fourth Amendment violations in SRO hotels, use of excessive force on the mentally ill, and widespread withholding of evidence of officer misconduct from attorneys. These scandals resulted in the dismissal of hundreds of cases.

A number of outstanding policy issues remain in need of serious attention. In 2005, the Civil Grand Jury published a report on compensation in the Police Department, finding that officers receive greater salary increases than other city employees while San Francisco is in a state of fiscal stress. In 2007, the grand jury recommended filling significant numbers of desk jobs with civilians. When the department finally rolled out a pilot program this year, it called for only 15 civilians.

The San Francisco Police Department needs to improve its training of officers, including fostering a respect for the civil liberties that San Franciscans cherish. This should be basic to all police work. However, last year San Francisco paid $11.5 million in lawsuits because of police misconduct.

San Francisco needs police commissioners who understand the challenges of police work but who also are willing to explore the nature of endemic problems that have led to embarrassing scandals. We need commissioners who have a broader understanding of criminal justice policy and how it can be changed to promote public safety.

We join with the San Francisco La Raza Lawyers Association, Community United Against Violence, the Harvey Milk LGBT Democratic Club, and a host of other elected officials, community activists, attorneys, and local leaders in wholeheartedly supporting the appointment of David Waggoner to the San Francisco Police Commission. It’s about time. 

 

Harry Britt is a former president of the Board of Supervisors and the author of the landmark 1982 legislation that created the Office of Citizen Complaints. Matt Gonzalez is chief attorney in the Public Defender’s Office, a former president of the Board of Supervisors, and a co-sponsor of Prop. H. Aaron Peskin is chair of the San Francisco Democratic Party, a former president of the Board of Supervisors, and a co-sponsor of Prop H.

 

Fatal stance

7

sarah@sfbg.com

Ever since Mayor Gavin Newsom appointed Police Chief George Gascón district attorney in January — when Gascón said he was “not categorically opposed to the death penalty and would consider it in appropriate cases” — capital punishment has become a big issue in a town where the last death penalty case was in 1989.

Gascón is running against former San Francisco Police Commissioner David Onek, who is the founding director of the Berkeley Center for Criminal Justice and has consistently promised since entering the race last summer that he will not seek the death penalty.

Both men also face a serious challenge from Alameda County Deputy D.A. Sharmin Bock, who opposes capital punishment but won’t categorically state that she would never seek it, as former DAs Kamala Harris and Terence Hallinan both did while running for office.

Bock said that Harris eventually formed a committee to review each capital case but never filed for the death penalty, including in the 2004 murder of San Francisco police officer Isaac Espinoza, the same approach Bock would take. But she doesn’t think it’s legally wise to make a categorical statement opposing the death penalty, saying it could be challenged in court, as some attorneys tried to do with Harris.

“But capital punishment is unjust, and can say that categorically,” she said.

In the week since Bock’s May 17 campaign launch, Gascón challenged her credibility on the issue by noting that Bock used the threat of the death penalty to secure a guilty plea from a sexual predator who tortured and killed women in Alameda County last year.

But Bock used that case to draw a distinction in their positions on the issue, telling us, “George Gascón says he’d use it for the most heinous cases, and I’ve seen the most heinous cases and I haven’t use it,” Bock said, emphasizing that she’s the only prosecutor in the race.

In a May 1 Chronicle op-ed, Gascón tried to neutralize Onek and those opposed to the death penalty by noting that he also has “serious misgivings” about capital punishment, including the potential for wrongful convictions, the disproportionate application on racial minorities, the roller-coaster the victims’ families endure as they wait decades for closure, and the financial impact on an already overburdened justice system.

But Gascón also tried to hide behind the “death penalty is state law” defense, even though prosecutors have extensive discretion in such matters. “Rather than refuse to enforce our laws, I believe the more appropriate approach is to accept the law and work to change it,” Gascón wrote. “I don’t believe district attorneys should be allowed to supplant the views of the state with those of their own.”

Bock criticized Gascón’s deferential stance, which was in sharp contrast to Sheriff Mike Hennessey, who recently announced that he will stop cooperating with federal immigration officials and start releasing undocumented immigrants jailed for minor offenses before they can be picked up for deportation, to comply with San Francisco’s sanctuary ordinance.

Gascón appeared to be trying to cast his position as a courageous stand. “Some have given me the political advice to simply say I will not seek the death penalty in San Francisco,” he wrote. “While I am not prepared to say that at this time, I can say that I do intend to be a district attorney committed to San Francisco values.”

And he promised that if he believes a case merits the death penalty, he would seek the advice and counsel of a panel of local prosecutors. “Ultimately, the decision will always rest on my shoulders, and it is a decision that I will not take lightly,” Gascón wrote.

But Onek accused Gascón of giving a politician’s answer. “Gascón is trying to have it both ways,” Onek told the Guardian. “The voters have the right to hear a clear answer to a fundamental question. And my answer is clear — I will not seek the death penalty in San Francisco and I will continue to work to change the law statewide. To me, it’s a yes or no question, and I won’t seek it. Period.”

Onek says his stance is informed by his belief that the death penalty solves nothing. “It doesn’t make us safer; it’s not fair and equitable; and it wastes enormous resources,” he said. “We are much better off spending our precious resources on things that actually make us safer, like more cops on the streets, more programs in our communities, and better services for victims.”

Gov. Jerry Brown made a similar comparison last month when he canceled a $356 million project for a new death row at San Quentin. “At a time when children, the disabled, and seniors face painful cuts to essential programs, the state of California cannot justify a massive expenditure of public dollars for the worst criminals in our state,” Brown said.

A recent David Binder research poll found 63 percent support statewide for commuting all of the 700 sentences of California’s death row inmates to life in prison without parole and requiring them to pay restitution to the victims’ families, while 70 percent of Bay Area voters support the plan, which would save the state $1 billion over five years.

At a May 18 panel discussion on the death penalty, Public Defender Jeff Adachi’s criminal justice summit offered panel moderator Matt Gonzalez, a chief attorney in Adachi’s office, a timely opportunity to grill Gascón about his death penalty stance.

“Folks felt it might be a step backward,” Gonzalez said, noting that former D.A. Terence Hallinan pledged not to seek the death penalty when he ran for reelection in 2000, and Harris followed suit when she first ran for district attorney in 2003. “So — are you pro death?” Gonzalez asked.

“No, but I am a public official,” Gascón replied, even as he repeated his misgivings about the death penalty, including the fact that 62 percent of those on death row are minority populations, especially from African American and Latino communities.

The panel also provided a chance to see Gascón debate exonerated death row inmate JT Thompson, watch American Civil Liberties Union of Northern California attorney Natasha Minsker explain why the death penalty system is dysfunctional, and witness former San Quentin prison warden Jeanne Woodford describe how the impacts of the four executions that she reluctantly oversaw motivated her to sign on as director of Death Penalty Focus, a nonprofit dedicated to abolishing capital punishment.

“Who is responsible for the prosecutors that go bad?” asked Thompson, an African American man who spent 14 years on death row in Louisiana, and another four facing life without parole, because a prosecutor suppressed exculpatory evidence.

“When I was sentenced to death in 1985, for a crime I didn’t commit, I thought this would be rectified right away. But it took 18 years, and I watched 12 inmates being executed while I was there,” Thompson said, noting that he was holed up 23 hours a day.

Gascón said he would terminate prosecutors who withheld exculpatory evidence, but said he didn’t know if he could charge them with murder.

Thompson, founder of the New Orleans-based nonprofit Resurrection after Exoneration, argued that the debate needs to be recast from its current public safety frame.

“People need to be asked, ‘Under what conditions do you support giving the state the right to kill you?’ ” Thompson said.

Woodford recalled how she got sick after the last execution she presided over. “I focused on what my responsibility was. But in hindsight, I realize it had had much more of an impact,” she said. “These executions happen in California at least 20 years after the crime. And they don’t bring victims back.”

Minsker noted that 16 states do not have the death penalty, and that every day brings people closer to ending the practice in California. “People once thought opposing the death penalty would end political careers, but Kamala Harris showed that it is no longer a liability,” she said.

Reached by phone after the debate, Onek said ending capital punishment makes sense morally and financially. “We would have $1 billion to invest in things that actually make us safer,” Onek said. “The D.A. is given discretion around requesting the death penalty, and I will use my discretion to reflect San Francisco values. That’s why people in the trenches working on these issues, including Jeanne Woodford, support me in this race.” 

 

Perception of lost integrity costs police

1

Reporting by Sarah Phelan. Photograhy by Luke Thomas.

At the San Francisco Public Defender’s Office’s May 18 Justice Summit, the ethics of law enforcement were a central topic. And not surprisingly, the latest incidents of alleged police conduct in which SFPD officers are caught on surveillance video, which the Public Defender’s Office released, as they apparently steal personal property from suspects whose homes in the Julian Hotel they searched for drugs under possibly illegal circumstances, were on everyone’s minds, along with the crime lab and Henry Hotel scandals.

Asked if District Attorney George Gascón, who was Chief of Police until January, is considering a special prosecutor to look into these latest incidents, Sharon Woo, the D.A.’s Chief Assistant of Operations, said the D.A. looks into each case as it comes in. “We are trying to enhance the videos that came in from the Public Defender’s Office,” Woo said in a pre-summit interview. “Some are not as clear as we’d like.”

Earlier this year, when Gascón first became aware of the allegations against officers at the Henry Hotel, he directed the D.A.’s office to open an investigation into the officers and their alleged conduct. The move got David Onek, who is running against Gascón in the D.A.’s race, urging Gascón to turn the investigation over to an independent prosecutor.

But for a week, Gascón maintained that there was no conflict, and when he did finally announce that he was turning the investigation over to the to the U.S. Attorney’s Office – he claimed it was about “resources”. “New information has come to light that indicates it is better to turn over this investigation to the FBI,” Gascón said. “I have spoken to the U.S. Attorney, Melinda Haag, and she has agreed to take over the full investigation. We will of course cooperate fully with the FBI, and provide whatever assistance they need from us.”

At the time, Onek noted that Gascón’s decision was correct step. But he criticized Gascón for not making it his policy to recuse himself from any investigations that relate to his own tenure as chief. And Alameda Assistant D.A. Sharmin Bock, who recently sprung into the D.A.’ race, described Gascón’s situation on this matter as being “between a rock and a hard place.”

But yesterday, Woo noted that while it’s true that Gascón was SFPD Chief when many of the recent misconduct scandals occurred, Mayor Gavin Newsom had already appointed him D.A. when the Julian Hotel incidents occurred in February.

And Peter Herley, former chief of the Tiburon Police Department, told the Guardian that there “is always the Attorney General” to refer cases if D.A.’s feel conflicted. “George Gascón is a very upstanding individual who has also worked for the Los Angeles Police Department and was Chief of Meza, Arizona, and has done a good job in every place he’s been,” Herley said during a pre-summit interview. “So, if he sees a conflict arise, he’d probably recuse himself. It’s the public perception that’s key, that’s paramount.”

During the summit’s panel on ethics, retired San Francisco Superior Court judge Lee Baxter grilled panelists with incisive questions—as befits any self-respecting judge, retired or otherwise–on whether police misconduct is the product of a departmental culture. Noting that there had been a seemingly non-stop string of alleged police misconduct scandals in the Bay Area from drug thefts, dirty D.U.I cases, stolen drugs and setting up a brothel, Baxter observed, “If I saw a movie that included all those things, I’d think that this is not realistic.”

And there was a perhaps surprising amount of stated consensus about what needs to happen next from panelists Woo, Herley, defense attorney Stuart Hanlon, newly sworn-in SFPD Chief Greg Suhr, Anne Irwin, an attorney at the Public Defender’s Office, and John Burris, an Oakland-based civil rights attorney who is renowned for representing plaintiffs in police brutality cases.

Baxter asked the panelists why abuse of power happens, and whether, when we see media accounts of alleged police misconduct, we see the most extreme cases.

Hanlon kicked off by referring to the case of Elmer “Geronimo” Pratt, a former high ranking member of the Black Panther Party, who was tried and convicted of the kidnap and murder of Caroline Olsen in 1972, and spent 27 years in prison, eight in solitary confinement, until 1997 when his conviction was vacated on the grounds that the prosecution concealed evidence that might have exonerated him. In particular, the government had not disclosed that a key witness against Pratt, Julius Butler, was an informant for both the FBI and the LAPD. Pratt eventually received $4.5 million as settlement for false imprisonment—the city of L.A. paid $2.75 million, the U.S. Department of Justice paid $1.75 million.

“We learned that law enforcement officers had hidden evidence, let people commit perjury, and destroyed evidence to convict someone who was innocent, “ Hanlon recalled, noting how when he first worked on the case, folks wondered if Pratt’s claim of innocence was simply part of a big conspiracy theory. “But it was not, it was men and women who thought the ends justified the means” Hanlon said, noting that the “bad apples” theory is typically trotted out during investigations into alleged police misconduct. “But officers see people who they think are bad people, and they feel they must whatever it takes,” Hanlon continued. “Primarily, most law enforcement people are good, but sometimes you get good cops lying to protect bad cops. It’s a dilemma, this concept of ‘what we do we need to do, this ‘us versus them’ concept.”

Hanlon claimed that officers don’t think citizens who live in SROs (single room occupancy hotels) have the same rights as folks in Pacific Heights.
“They think it’s OK to break down doors because these are drug dealers,” he said. And he noted that the recent string of back-to-back scandals are unusual in their proximity but are not unusual, generally speaking. “I’m not an apologist for (Chief) Suhr or the D.A., but I’ve seen these problems forever, and without trust law enforcement doesn’t work,” Hanlon concluded.

Next, Baxter put Suhr in the hot seat by asking him what to do about the “ends justify the means concept”. At which point Suhr, who has been Chief for less than two weeks, observed that the summit, which was packed to the gills with defense and civil rights attorneys, was “a bit of an away game for me, but it’s O.K., I can handle it.” He noted that only 1 in 11 applicants make it through the SFPD Police Academy, where folks undergo 1,100 hours of training, including sessions on abuse of power and responsibilities. “But if something is proven, it’s my intention not to have those officers in the SFPD any more,” Suhr said.

Retired Tiburon Chief Pete Herley revealed that during his decades-long police career, he blew the whistle when three officers nearly beat a gay man to death. “I suffered the consequences for many years,” he said. “It’s very lonely getting death threats, it’s very lonely when you don’t get the backing of fellow officers.”

Herley claimed times have changed a lot. “Change starts in the Academy and the selection of officers, and you have no other law enforcement officers that get more scrutiny, background checks m psychological checks and an 18-month probation period,” he said.

He noted that police chiefs inherit a departmental culture, whether they come into the post from the inside or the outside of the department. And that while the number of officers involved in misconduct is small, “it makes good press.” 

“I really feel one needs to be more loyal to integrity than to people,” Herley continued, noting that his parents were Holocaust survivors, and that his father was aghast when he decided to become a police officer. “But I had certain values and I don’t expect anything less from other people. I expect that every department has something in their rules and regulations that directs their officers that if they see misconduct, it’ll be stopped and the action will be reported immediately to the Chief.

Baxter asked Woo what the D.A. should do, if there is a problem.“All we are is our integrity, our ability to communicate and put forth evidence to juries “ Woo observed, noting that she has been on the frontlines as allegations about the crime lab, the Henri Hotel, and now potential theft, surfaced. “We find ourselves very reactive,” Woo observed, noting that if officers are not being truthful, the D.A.’s office has to look at all the cases they were involved in. “So it really impacts public safety and how all of us view the criminal justice system,” Woo said, noting that officers involved in the Henri Hotel allegations taken off the street.“But we have no interest in prosecuting individuals if it’s not based on solid evidence,” Woo said.

She recommended proactive steps like getting involved in Police Academy training on the law, and what officers can and cannot do, and giving officers tools to make good decisions and arrests, so there is integrity in the system. “If there isn’t, we all lose, not just the criminal justice system, but the entire community,” Woo observed, noting that as SFPD Chief, “Gascón instituted lots of policies to make sure people are doing an appropriate level of review.”

Baxter asked Anne Irwin, an attorney in the Public Defender’s Office, about their office’s role in bringing abuse of power to the attention of the public. “The Public Defender has a unique and natural role as a messenger,” Irwin replied. “We have more meaningful interaction with the victims of police misconduct than anyone else in the criminal justice system. We get into the intimate details of their lives, we develop a relationship of trust, so they confide their stories about police misconduct. And those stories are commonplace.”

Irwin noted that these stories include a disrespect for the Fourth Amendment, perjury and theft. “When you hear those stories over and over, there’s a ring of truth, a consistency,” Irwin said, noting that this is not the first time officers have been captured on camera. “We didn’t say, let’s amass a bunch of evidence. We just basically did our job. Residents told us what someone said in a report is not what happened, so we got videos from Dec. 23 and Jan. 5, and lo and behold, every word was true, two for two.”

Irwin noted that there are many good officers in the SFPD, but questioned whether a culture develops in certain departments, including the plain-clothes units, that allows misconduct to happen. “Without the videos officers would not have had to answer for their conduct,” she observed.

Baxter asked Suhr what it is about the culture that makes some cops go rogue. “Did they work there too long, were the temptations too much?” she asked.

Suhr replied that he worked in narcotics for a long time, and recovered $1.4 million in cash from an apartment in the Western Addition. “I never took a dime, and I am confident that the officers I worked with were of the highest caliber,” he said. “To paint a 2,000-person organization with a broad brush is unfair,” he added. “In the legal profession, every once in a while, you see ugly stories there too.”

Burris, who filed a $25 million wrongful death claim against BART on behalf of Oscar Grant’s family, noted that he has been involved in about 1,000 police misconduct cases in the Bay Area. “A culture exists about how you treat minority communities, “ he said, noting that he had represented black and brown clients for over 20 years. “A culture where you beat people and nothing is done, and you get away with it.”

Burris believes the problem lies in how policies are imposed, as he claimed that when officers join departments they are told to forget what they were taught in the Academy.“This is what you do on the streets,” he said.

Baxter observed that she has seen movies about the code of silence and wondered if it actually exists in police departments. “I don’t think so generally,” Suhr said. “There’s peer pressure to be sure. A regular citizen has a right not to self incriminate, and in the Police Department you can say that, but you are immediately sent to Internal Affairs, where you are told, tell me what happened or you are fired. So, today, the light is shining on us 100 percent of the time.”

Herley noted that his concern lay with situations in which officers see something, but don’t say anything. “I never thought I’d sit here and agree with every word John Burris says, but it starts at the top, and has to be enforced throughout the organization.”

Herley said the two best tools to prevent indiscretions and ensure responsibility are tape recorders and video cameras. “There’s certification of exactly what happened.” As for questions of how much it would cost to outfit officers with this recording equipment, Herley said, “ What is the cost of a lawsuit, the cost the perception of a loss of integrity to a department?”

Finally, a prosecutor leaps into D.A.’s race

73

From the moment I walked into Sharman Bock’s District Attorney campaign launch and saw the roomful of “signs proclaiming, “A prosecutor for District Attorney”, I realized that Bock isn’t the type of candidate to hold her punches. And that makes perfect sense, because unlike the other candidates in the D.A.’s race, Bock, 48,  is a seasoned prosecutor.


Bock, as I soon found out, is also a longtime San Francisco resident, who moved here from Iran when she was four and has lived in the city for more than four decades. She went to high school here, returned after graduating cum laude from Georgetown University Law Center, and earned a clerkship with the Hon. D. Lowell Jensen of the Northern District of California, before starting her prosecutorial career in Alameda County, where she has served as an Assistant D.A. since 1989.  And she continues to live in San Francisco, where she is currently raising two kids with her husband in the Richmond District.


Joined by Congressmember Jackie Speier, Lulu Flores, President of the National Women’s Political Caucus, and Shronda Wallace, whose mother was brutally murdered in 1989, Bock made no bones about why she has decided to spring into the race.


“I’m running for San Francisco District Attorney because this is a job that requires a seasoned prosecutor who knows what it takes to put the most violent and dangerous criminals behind bars and keep them there,” Bock said. “I am a professional prosecutor. I want to give voters a real choice. No other candidate in this race has prosecuted even a single criminal case. This is no job for rookies. The stakes are too high and rookies make mistakes.”


When Bock noted that her conviction rate is over 90 percent, and that she has never lost a serious or violent jury trial, I wondered how successful the other main contenders–former SFPD Chief George Gascón, who Mayor Gavin Newsom appointed as D.A. in January, and former San Francisco Police Commissioner David Onek, are going to be when it comes to downplaying the fact that neither, as Bock wasn’t afraid to remind reporters, “has ever prosecuted a criminal case.”


“This is not a managerial, police or career job,” Bock continued, confronting head-on the arguments Gascón and Onek have already tossed out in response to questions about how they can be D.A. given their complete lack of prosecutorial experience.


“It’s certainly not a job for a rookie, and with 22 years of experience, I’m ready,” Bock commented.


“To lead an office of trial lawyers, you’d have to walk a mile in their shoes,” Bock added, noting that currently she is doing just that. “I’m responsible for supervising extremely experienced trial lawyers each day,” she said, referring to her job as Assistant D.A. in Alameda County.


Praising the record of former D.A. Kamala Harris, who was elected Attorney General in November, Bock observed that San Francisco “sets the national standard. Kamala did a good job, and I’d like to keep the momentum going. We can’t lose it.”


Next, Bock outlined some of the highlights of her prosecutorial career.


A national expert on efforts to combat human trafficking, Bock leads the Human Exploitation and Trafficking (HEAT) Unit, which prosecutes complex trafficking cases. In fact, Bock actually prosecuted the first human trafficking case in California.


Based on her expertise with DNA and other forensic evidence, Bock was tapped to lead the Cold Case Unit, which focuses on solving old murder and sexual assault cases.


Bock also oversees other specialized felony units, including Public Integrity, Child Sexual Assault, Sexually Violent Predator and Restitution, which recovered more than $15 million for victims of violent crime last year.


In 2009, Bock received the Fay Stender Award from the California Women’s Lawyers Association for her “ability to affect change and her commitment to representing the underprivileged. And in 2010, the California Legislature recognized Bock as “Woman of the Year” for her groundbreaking work to stop human trafficking.


“American children are being sold for sex in our own backyard,” Bock warned, as she talked about what she has learned from her decades as a prosecutor. She said solving cold cases “provides closure that is priceless for families of victims” and is part of keeping the community safe. She talked about the fact that she is an independent prosecutor, who won’t be conflicted by police misconduct and crime lab scandals, unlike our current D.A. And she wrapped up by voicing her desire to serve—and remain in—San Francisco. “I am committed to giving back and serving the city I love,” Bock said.


Meanwhile, across the city, D.A. Gascón had just a neighborhood prosecution program in the Bayview and Mission districts. According to a Gascón press release, the program, “brings immediacy to the resolution of crimes that diminish the livability of local communities by employing a restorative justice model” and “brings the D.A.’s Office into the community, positioning the office to be more directly and immediately responsive to the needs of community members.”


Gascón promised that the program will engage “residents in the process of determining an appropriate sanction focused on repairing the harm done to the community and setting the offender on the path to long-term productivity. This approach will bring a swifter and more certain resolution to offenses that have repeatedly gone unchecked for too long.”


The idea is that designated Assistant D.A’s will be assigned to  local police station to pre-screen eligible individuals and determine if the offenses they have been cited for by police are suitable to be heard in neighborhood courts. “Under the supervision of the District Attorney’s Office local residents are trained in restorative justice to adjudicate matters, instead of having cases charged and heard in criminal courts,” Gascón stated. “The adjudicators represent a wide swath of the community and include merchants, home owners retirees and students.”


Gascón says a range of non-violent offenses, including drinking in public, vandalism and petty theft, fit the criteria for matters that can be reviewed in the neighborhood court.“Eligible individuals cannot be under the supervision of the criminal justice system,” he stated. “Individuals who volunteer to have their matters heard in the neighborhood courts agree to abide by the prescribed outcomes that focus on restoring both the community and the offender. Individuals who are successful in meeting the terms avoid the blight of a mark on their criminal record. By taking this restorative justice approach, the program seeks to break the cycle of crime. It increases the accountability of the offenders to the community and the community’s stake in the offenders’ rehabilitation.”


Gascón claimed the program saves money by significantly shortening the length of time it takes to resolve offenses. “Typically the offenses being heard in a neighborhood court in one to two weeks from the time a citation is written would take nine months to a year to be heard in a criminal court,” he stated. “The average cost of having these cases charged and heard in a traditional criminal court would be $1500 per misdemeanor compared to $300 in a neighborhood court.”


Gascón concluded by noting that this new neighborhood prosecution program will operate under the direction of the newly-formed Collaborative Courts Division of the D.A.’s Office and is scheduled to spread citywide. “The Bayview and Mission district launches are part of D.A. Gascón’s initiative to increase accountability and integration of the former Community Court programs,” Gascón’s press release stated. “The neighborhood prosecution program model will eventually be adopted and employed city-wide, district by district as a replacement for the former model.”


Bock for her part seemed less than impressed by the fairness of Gascón’s program. “People dealing with quality of life crimes deserve a District Attorney,  a defense attorney and a judge,” she said. “You can’t shortchange justice “


And she wasn’t shy about sharing her thoughts on the conflict of interest Gascón faces when dealing with the ongoing police misconduct and crime lab scandals.“George Gascón is between a rock and a hard place,” Bock said. “He was in charge of the police district during that time period,” she observed. “And it’s important that the police don’t get thrown under the bus in the process.”


And unlike Gascón, Bock is personally opposed to the death penalty.“I will oppose any effort to further that law, and I would support ballot measures to change it,” Bock said. “It hasn’t had a deterrent effect, it doesn’t make the community safer, but it is the law of the state.”


As D.A., Bock would implement the same procedures that former D.A. Kamala Harris had in place—a committee where each case is reviewed in fact and law, and not reflective of a personal opinion. “I would look at each case,” Bock said.


“I want to make this city as safe to live in as I have fought in Oakland to achieve,” Bock continued, noting that when she graduated, she faced a choice of a corporate job or public service. “I chose public service,” she said.


Unlike Gascón, Bock does not think the city’s recently enacted sit-lie legislation has resolved anything. “Sit-lie is a perfect example of why political hot-button measures don’t work,” Bock said. “People should be able to use the sidewalks. But at the same time, there are people with serious mental health issues. Sit-lie hasn’t solved any problem. And the good news about me is that I am not a politician.”


Congressmember Jackie Speier enthusiastically endorsed Bock. “This is a very important race for San Francisco, and it’s not a political race,” Speier said. “It’s a race about safety and prosecution and making sure we have a District Attorney who is going to be here for thecommunity.”


Speier noted that Bock has worked for some of the finest law firms, has dedicated more than 20 years of her life to prosecuting heinous criminals, has deep roots in San Francisco, and is on the board of numerous non-profits.


“She has been successful in over 1,000 cases—tough cases, including murder, torture and sex trafficking,” Speier continued. “She is someone who has the capacity to handle this job like no one I’ve ever seen. Her passion for her work knows no bounds.”


“And she is truly committed to San Francisco,” Speier added. “It’s no secret that the present occupant of the D.A.’s office is interested in being a highly placed person in the F.B.I. I think Gaston will be good in some respects should he seek that.”


“Politics is a funny thing, the process works the way it does, but the people of San Francisco have an opportunity to compare and contrast—and this is a stark contrast,” Speier concluded, pointing to Bock’s “impeccable credentials and proven track record in the prosecution of criminals,” and describing her as “the best and brightest” as she lauded Bock’s leadership skills and talent as a prosecutor.


Lula Flores, who flew in from Washington, D.C. to announce the National Women’s Political Caucus early endorsement of Bock, described Bock as a “progressive forward-thinking candidate.”


“We need more women in leadership safety positions,” Flores said, noting that Bock “represents diversity and is the most qualified and most experienced candidate.”


“She will do the best job,” Flores continued. “San Francisco is home to a myriad of leaders, it is the place that has grown so many of our national leaders.”


And Shronda Wallace recalled how her mother’s 1989 murder had been “all but forgotten, but then Sharman Bock took charge.”
Wallace described how, using DNA from the crime, Bock “re-created the scene, identified the killer, proved he intended to kill my mother, convicted him, and put him in prison without parole for the rest of his life. Through her determined and relentless prosecution of this cold case, not only did Sharman Bock make me feel safer, but she brought me desperately needed closure, and that is something I will never forget.”


 


 


 


 

Ross for boss (of the sheriff’s department)

3

City Hall’s steps were awash in multi-lingual black and yellow “Ross Mirkarimi for Sherrif” signs at noon today, as Mirkarimi supporters watched Sheriff Mike Hennessey, who is stepping down after 31 years of service and eight elections, endorse Sup. Mirkarimi as the next sheriff.  “New Leadership for a Safe San Francisco” was printed on the English version of the signs that Mirkarimi’s supporters carried. They included former Mayor Art Agnos, Sups. David Campos and Eric Mar, Tim Paulson of the Labor Council, Debra Walker, Linda Richardson, Sharen Hewitt, Terry Anders, and Mirkarimi’s partner Eliana Lopez and their almost two-year old son Theo. And everyone had plenty of great things to say about outgoing sheriff Hennessey and sheriff candidate Mirkarimi. And Hennessey even pinned a shiny toy sheriff’s badge onto the T-shirt of Mirkarimi’s son Theo, making him the happiest kid in town. At least for the day.

Campos kicked off the event by honoring Hennessey as the “most progressive and most effective sheriff in the country.”
“Mike Hennessey is also my neighbor in District 9. I see him taking out the trash so I know he’s a good neighbor,” Campos joked, as he listed the many achievements in Hennessey’s long career as an elected official in San Francisco. These achievements included Hennessey’s pioneering innovations in criminal justice and culminated in his decision to blow the whistle in 2010 on the federal government’s plan to activate its controversial Secure Communities program in San Francisco—without telling the public.
“He’s not afraid to stand up for what’s right,” Campos said.

‘This is the time for me to move on,” Hennessey announced, as he laid out his reasons for endorsing Mirkarimi as Sheriff, over other candidates in the field.
Hennessey described the Sheriff’s Department as a “large enterprise” that has over 1,000 employees, a $150 million budget and whose jail houses an average population of 2,000 folks in custody, on a daily basis.
“It’s not something that can be handled lightly,” Hennessey said. “That’s why I’m here to endorse Ross Mirkarimi as the next sheriff.”

Hennessey listed the many endeavors that he and Mirkarimi have worked closely on, including a number of criminal justice issues, and he cited Mirkarimi’s extensive law enforcement background, his significant legislative accomplishments in the areas of criminal justice and public safety, and his ability to find innovative solutions and overcome obstacles to progress, as reasons to support Mirkarimi.

Hennessey observed that criminal justice is “one of the thornier issues” that members of the Board of Supervisors are often asked to get involved in, but often duck.”But Ross has not shied away from working on them,” Hennessey said, citing Mirkarimi’s involvement in shaping the “No Violence Alliance Project” and his leadership in creating the Safe Communities Re-entry Council.

Hennessey also noted that in face of AB 109, the Governor’s plan to transfer state inmates to county jails, “it’s vitally important to have person in charge of sheriff’s office that understands these alliances and can make them work more effectively.”

Hennessey concluded by observing that the Sherrif’s Department has to deal with a lot of bureaucracy, so it’s important to understand how the Board, the budget process and other city departments, including the District Attorney’s office and the police, work.
‘And that’s why I’m endorsing Ross as Sheriff,” Hennessey said

Then it was the turn of Mirkarimi, who graduated from the San Francisco Police Academy, did Naval Reserve training and worked for more than 8 years as an investigator for the District Attorney’s office, to speak.

“I have never been at a loss for words,” Mirkarimi acknowledged, as he launched into a speech that began by thanking everyone for showing up at short notice “for one of the most important occasions of my political career.”

Mirkarimi did a great job of giving Hennessey the praise he deserves.
“He is a living legend,” Mirkarimi said. “It’s completely impossible to fill his shoes.”
Citing Hennessey’s integrity and his ability to innovate, Mirkarimi warned that, “Maybe it’s come to the point where we have taken him for granted. He’s the longest serving elected official in the history of San Francisco, and he’s probably the most understated.”

“And the most important endorsement in this race is that of Mike Hennessey,” Mirkarimi added, as he gave Hennessey his commitment “to build upon your legacy as effectively as possible.”

Mirkarimi cited some of the most immediate and serious challenges that face the next sheriff. These include AB 109, which Gov. Jerry Brown just signed, which. Mirkarimi said, threatens to increase the reentry prisoner level by 30 percent in California. “It will take creative ingenuity and resources to make sure we are effective in taking care of this population,” he said.

Mirkarimi also touched on the rising number of veterans that are ending up in the prison system, talked more about the No Violence Alliance Project, and suggested that certified deputy sheriffs could help serve warrants, transfer prisoners, and patrol Muni, “when the police department finds itself understaffed” so as to ensure that San Francisco is safe.

“For every four people arrested and jailed in San Francisco, three out of four are repeat offenders in a three-year period,” Mirkarimi warned, by way of explaining why he wants to advance a more collaborative spirit between SPPD and the Sheriff’s department.

Mirkarimi also noted that one out of every 15 African American males are in jail, at any time in the year, compared to I out of 300 males who are not black or brown. “So, we must step up our game in dealing with poverty,” he said, as he recommended increased access to job training and good jobs, “so work doesn’t become a seasonal hope but a permanent job.” He also made the connections between a lack of good housing, childcare, and schools and a rise in poverty, crime and recidivism.

Mirkarimi concluded by crediting Hennessey for “walking that fine pirouette” between upholding the principles of public safety and understanding the power of redemption at the same time.

I asked Sheriff Mike Hennessey what he considers to be the biggest challenges of running for sheriff/
“Letting people know what you are going to do, and what your issues are,” Hennessey said, noting that San Francisco has an intelligent, issues-driven electorate.

And Mirkarimi’s supporters weren’t shy about letting folks know the issues that the current D5 Supervisor has helped them with, over the years.

“Ross, as a supervisor and me, as someone who comes from a community of color, we know the habits that ex-offenders can bring with them, if there are no safety nets,” said Terry Anders who sits with Mirkarimi on the Safe Communities Reentry Council. “And I believe in what Ross stands for and the integrity of his person. He’s one of the first people to show up when there are crimes and victims, and he attends basketball games and boxing matches.”

Paulette Brown, whose son Aubrey Abraska Jr, was murdered in August 2006, but whose killers have still not been brought to justice.
“We shouldn’t have to run and leave our families, we should be protected,” Brown said. “Ross is my district supervisor and if he can get in, and do something about crime and solve unsolved homicides, then I’m for him. Maybe if he gets in, he’ll have more pull to do something about these unresolved cases.”

And then it was back to work, which for Mirkarimi now includes the somewhat daunting task of trying to raise money in an election year that also includes a mayor’s race, but does not include the help of public financing, at least not for the sherrif’s race….

Mirkarimi running for sheriff

27

OPINION Serving as San Francisco Sheriff is a huge civic responsibility. The sheriff has 1,000 employees, more than 2,000 pretrial and sentenced prisoners daily, and management responsibility for a budget of more than $150 million. And, like all department heads, the sheriff’s involved in a lot of politics.

I believe Sup. Ross Mirkarimi is the person best prepared to serve as San Francisco’s next sheriff.

Mirkarimi has the law enforcement experience of graduating from the San Francisco Police Academy (as class president) and more than eight years of on-the-job experience as an investigator for the San Francisco District Attorney. He was the lead investigator in one of the city’s all-time biggest white collar crime cases, against Old Republic National Title Insurance Company.

As a union labor representative in the D.A.’s office, he picked up some significant experience negotiating contracts for public safety personnel under the CALPERS retirement system.

He’s no stranger to the training and discipline of a paramilitary institution, having been certified in advanced environmental crime forensics from the Federal Law Enforcement Training Center in Glynco, Ga., as well as earning an honorable discharge from the U.S. Navy for serving in the reserves.

Equally important, Mirkarimi has demonstrated the progressive values required to maintain and expand San Francisco’s outstanding track record of diversity in hiring, innovation in criminal justice, and commitment to rehabilitation San Francisco deserves in our next sheriff.

Elected supervisor in 2004, and reelected in 2008 with 77 percent of the vote, Mirkarimi has been a very effective advocate for his district and for San Francisco — especially on public safety issues.

As a member of the Budget Committee for five years and twice chair of the Public Safety Committee, he is intimately familiar with the complicated issues confronting all partners in San Francisco’s criminal justice system, whose combined budgets account for well over $1 billion.

Mirkairmi and I have worked together on many criminal justice issues, including the creation of San Francisco’s Reentry Council and an innovative community-based program that provides case management services to ex-offenders who have a history of violence. That program — the No Violence Alliance — has significantly reduced recidivism among the program’s participants. It was a risky venture to take on violent offenders as a case management study, but both Mirkarimi and I felt that it was time San Francisco expanded its approach toward effective reentry.

It is this type of thoughtful, yet courageous approach to our criminal justice challenges that leads me to endorse Ross Mirkarimi to be my successor.

The San Francisco Sheriff’s Department has many difficult challenges ahead: a diminishing budget; the governor’s “prison realignment,” which will put many state prisoners in the county jail; preserving the jail’s rehabilitation programs; and finding cost-effective ways of managing the 40,000 individuals who come through San Francisco’s jails each year.

I believe Ross Mirkarimi brings the right combination of law enforcement training, legislative experience, and political acumen to meet these challenges. I am proud to support him in his bid to become our next sheriff.

Mike Hennessey is sheriff of San Francisco.

Wicked, man

7

marke@sfbg.com

RAVE CULTURE Here’s a classic San Francisco rave story for you. First the official legend: “In the spring of 1991, a small, brave crew of acid house seekers set sail from southeast England in search of adventure. San Francisco was the destination. They made their mark under the Golden Gate Bridge at Baker Beach with the first in a six-year run of wild and lawless Full Moon parties.” And now the party reality: the crew set up during heavy fog after touching down from Britain — and at least two of Wicked’s four members, Garth and Jenö, had absolutely no freaking clue that they were beneath the Golden Gate Bridge.

“We Brits were virgins to that beach,” Garth told me. “We were all enjoying a psychedelic dance when the sun started to come up, and the fog peeled back to reveal the bridge above our heads, lit up like a spaceship! We were hooked from that moment on. The decks were set up on a blanket on the sand. No table. Walkman speakers made makeshift monitors. One well-prepared gay friend improvised a cardboard dancefloor for himself and went about his vogueing like he was back at the Endup or Paradise Garage.”

The Wicked Brit saucer, launched from the illustrious Tonka Sound System renegade rave base, touched down on our shores at a moment when the Bay Area psychedelic sound and spirit was flagging. The West Coast underground party scene was being commercialized into the kind of slick, infantile, overproduced spectacles that unfortunately came to define rave in many ’90s people’s minds. And the music was veering from true basement soul to Big Bird carnival woo-woo — not that there was anything too awful about that, at the time it was fresh. But a pagan squadron of prog-rocky, deep acid house and baggy beats lovers setting up on a beach was a blast of fresh air.

Update on the Wicked crew: Almost all have benefited from our wonderful current dance music moment that values historical broad-mindedness over genre lockstep. (Really, the era-roving Wicked DJs have never sounded better than right now). Garth now lives in Los Angeles and has been releasing a steady stream of re-edits and remixes on his two labels, and through his King & Hound project with beloved local disco archivist James Glass. Former punk protestor and anarchist bookstore haunter Jenö plays live acid house every first Saturday at 222 Hyde, broadcasts the weekly “Noise from the Void” radio show (Tuesdays at 9 p.m. at www.90hz.org), and is codirecting a documentary on the social implications of San Francisco’s early rave scene, due out this summer. Thomas is in New York City as one-half of the awesome Rub N Tug production team and owns Whatever We Want Records. And Markie? The dude is and always will be Markie, party legend.

On the eve of the full moon Wicked: 20 Years of Disco Glory reunion party (the name is a cheeky play on one of Garth’s already cheeky dance floor hits), I talked to Garth, Jenö, and Thomas over e-mail.

SFBG It seems like a boatload of Brits emigrated here in the ’90s and had a huge impact on the party scene — in fact, they’re still coming. Is there something special about San Francisco that draws you guys? 

Garth I think a lot of Brits followed us here after they heard what was going on in the Bay Area, the freedom. The U.K. party scene was outlawed by Thatcher’s conservative government when it passed the criminal justice bill, which made it illegal for groups of more than 10 people to congregate while listening to repetitive beats. So there was a kind of party exodus: trance heads went to India (specifically Goa), other Brits went to Thailand, Australia, and Spain in search of a more fun life. San Francisco is particularly appealing to Brits because the climate suits us. It’s never too hot or too cold, and there’s a good dose of fog. It’s very liberal, the architecture is Victorian, it’s by the ocean with hills and those trams — plus great food and a strong, self-sustaining music scene.

Thomas It’s poetic, cosmopolitan, and charming without being European: we like that.

SFBG You definitely did bring a pagan spirit with you — not just with the full moon and witchy Wicked angles, but also in the sense of reinfusing the local music scene with a particularly enchanting Northern California-British psychedelic rock sensibility. Is that spirit still alive? After seeing how the West Coast techno scene has progressed in the past 20 years, do you have any thoughts or gripes? 

Garth Life’s too short for gripes. And I don’t consider it a “West Coast techno scene,” really. It’s all just music. We’ve always played the best in disco, acid house, psych rock, and all points in between. It’s the tempo that keeps things moving, and move it always will.

Jenö I wouldn’t consider Wicked as even being a part of the techno scene. Our music was a lot broader than that, dominated more by psychedelic house and soulful disco grooves. But we definitely influenced the West Coast music scene, and that influence can still felt today in the style and sounds of the current crop of local DJ crews, from the Sunset parties to the hipster clubs currently delving into obscure house and disco-driven sounds.

Thomas I’ll tell you this: I live in New York, and there’s too much disco.

SFBG Any good stories from the early days of Burning Man? 

Garth We were the first and only sound system there in 1995, and of the 5,000 or so people out on the playa, we had a few thousand of them all grooving out under the open skies: no marquees, no lightshow, just a kick ass 15K Turbosound system, right out of the box. During the height of my five-hour set on Saturday night, one naked freak (they never seem to be clothed) ran up and flipped the tables on top of me. There was thunder and lightning and a mad electrical hum until we got the gear up and running again. The crowd went apeshit — it’s still the highlight of my DJ career!

Jenö I didn’t make it the Wicked BM camps back then. But I did attend the last-ever Stonehenge Free Festival in the U.K. during summer solstice in 1984, which was the epiphany that drove me to want to create my own anarchic and free-spirited musical gatherings. Very similar to BM in style and substance — art and music-driven with countercultural ideals, but without the dust and ridiculously expensive admission of Black Rock City.

Thomas I didn’t go because I didn’t think I’d get served a proper cocktail. A foolish mistake on many levels.

SFBG Top five quintessential Wicked records?

Wicked DJ Garth & Eti, “20 Minutes of Disco Glory” — all the boys did excellent remixes of this seminal West Coast classic.

!!!, “Hello Is This Thing On? (Rub N Tug Remix)” — this incredible remix really sums up the Wicked sound, and they recorded it on a full moon!

Colm III, “High as a Mountain” — the title of this 1988 release says it all. Jenö brought it with him from England and played it at the first SF Full Moon party.

Marshall Jefferson, “Open Your Eyes” — deep vibes from the master of early Chicago house. More than just good music, it’s a spiritual journey.

The Man Collective, “No Hassle From the Man” — anthem. It’s rock and rave and soul and psych and passion. That’s maybe what we’re all about. 

WICKED: 20 YEARS OF DISCO GLORY

Sat/23, 10 p.m.–7 a.m., $20 advance

Mighty

119 Utah, SF

www.mighty119.com

Facebook: Wicked Disco Glory

 

Accusations against SFPD officers impact D.A.’s race

2

The decision by San Francisco prosecutors to drop a drug case that involved four of six plainclothes officers currently under investigation for illegally raiding residential hotel rooms and then lying about the busts in police reports, came one day after the Public Defender’s Office released videos that contradicted police reports in two separate cases. And it’s thrown another curve ball into the D.A.’s race, which veered into weird and uncharted territory the minute former Mayor Gavin Newsom appointed the city’s top cop George Gascón as SF’s next D.A.

The D.A.’s Office and the San Francisco Police Department have both announced that they have launched internal investigations into the SFPD officers after video footage from busts at the Henry Hotel in December and January was released. And D.A. spokesperson Erica Derryck sought to clarify that the D.A.’s office dropped the case because of ongoing investigations into the alleged misconduct, and that the D.A.’s investigation is independent of SFPD.

“As the District Attorney’s Office of this County, we are conducting our own, independent investigation into this matter,” Derryck said. “If there is criminal wrong-doing found it will be handled accordingly. Our Justice Integrity Unit will conduct an independent investigation to determine if any criminal conduct has occurred. This is separate from any SFPD investigation. Our Trial Integrity Unit will examine on a case-by-case basis, what, if any, cases may be affected by this investigation and the alleged conduct of these officers.”
 
But former Police Commissioner David Onek, who is running against Gascon in the D.A.’s race this fall, called for a completely independent investigation, citing the conflict of interest created by Gascón’s investigation of alleged officer misconduct that occurred during his tenure as San Francisco’s top cop,
“There is a clear conflict of interest when our current District Attorney investigates potential criminal activity that took place at the SFPD under his watch,” Onek said. “The foundation of a safe city is earning and keeping the public’s trust. And that requires calling in outside agencies when this trust will be undermined by a conflict of interest, such as the one presented by these facts.”

“Whatever decision Gascón now makes, he will highlight to the public his conflict of interest as the former police chief,” added Onek, who is the founding executive director of the Berkeley Center for Criminal Justice. “If he decides not to charge the officers, the public will question if he did so to protect his former officers or his former administration. If he decides to press charges, the officers themselves will ask if he is doing so because he is a candidate for office and feels the need to show a tough attitude towards his former department. In the interest of justice, former chief Gascón should recuse himself and his agency from investigating the SFPD  in cases that occurred when he was chief. If you are conducting a fair investigation, you not only review the conduct of individual officers, you also explore if this alleged conduct was the result of issues with training and supervision. No fair investigation of these facts can be conducted by the individual responsible at the time for that training and supervision.”