Ethics

Film Listings

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

OPENING

Amber Alert An audition tape for The Amazing Race quickly turns into an epic chase in this low-budget "found footage" drama. Arizona BFFs Nate (Chris Hill) and Sam (Summer Bellessa, wife of director Kerry Bellessa) — and Sam’s teenage brother, shaky-cam operator Caleb (Caleb Thompson) — notice they’re driving behind the very Honda that’s being sought by an Amber Alert. "Following at a safe distance," as advised when they call the cops, leads to high-decibel arguments about how to handle the situation — and for the next hour-plus, the viewer is trapped in a car with two people communicating only in nails-on-chalkboard tones. Amber Alert‘s nonstop bickerfest is so tiresome that it’s actually a relief when the child molester character starts taking an active role in the story. Not a good sign. (1:20) Rohnert Park 16. (Eddy)

The Bay Top-quality (i.e., realistically repulsive) special effects highlight this otherwise unremarkable disaster movie that’s yet another "found footage" concoction, albeit maybe the first one from an Oscar-winning director. But it’s been a long time since 1988’s Rain Man, and the Baltimore-adjacent setting is the only Barry Levinson signature you’ll find here. Instead, parasites-gnaw-apart-a-coastal-town drama The Bay — positioned as a collection of suppressed material coming to light on "Govleaks.org" — is a relentlessly familiar affair, further hampered by a narrator (Kether Donohue) with a supremely grating voice. Rising star Christopher Denham (Argo) has a small part as an oceanographer whose warnings about the impending waterborne catastrophe are brushed aside by a mayor who is (spoiler alert!) more concerned with tourist dollars than safety. (1:25) (Eddy)

"Don’t Shoot the Player Piano: The Music of Conlon Nancarrow" The late Texarkana-born composer’s birth centenary is celebrated in this two-part (Fri/2 and Sun/4) program of films examining his unique contribution to 20th century music. Frustrated early on by the inability of standard musicians to play his incredibly complicated scores, he turned to composing for player pianos, with their greatly heightened capacity for producing density of notes and rhythms. A member of the American Communist Party, he returned from fighting fascists in the Spanish Civil War to discover the U.S. government had revoked the passports of many citizens with similar political convictions. As a result, in 1940 he moved to Mexico, where he remained until his death 57 years later — his reputation remaining an underground musicologists’ secret until the early 1980s, in large part due to his disinterest in fame and dislike of crowds (he’d always avoided any gathering of over five people). But in his last years he became much more widely known, thanks in large part to fans like fellow composer Gyorgy Ligeti, who in one documentary here calls him "the most important composer of our time," comparing him to Beethoven and saying "his work is completely, totally different from [his contemporaries]." Among the movies screening are Uli Aumuller and Hanne Kaisik’s 1993 German Music for 1,000 Fingers, in which the reclusive, elderly subject allows us into his studio to explain his (still somewhat inexplicable) methodologies. The brand-new, hour-long Conlon Nancarrow: Virtuoso of the Player Piano offers a posthumous appreciation of his life, music and influence. It’s a first film from James Greeson, a professor of music at the University of Arkansas who knew the man himself. Also featured are several international shorts that provide interpretive visual complements to Nancarrow pieces. His widow and daughter, as well as kinetic sculptor Trimpin and composer-former KPFA music director Charles Amirkhanian will appear at both PFA programs. Pacific Film Archive. (Harvey)

The Flat See "Past Lives." (1:37) Albany, Embarcadero.

Flight Robert Zemeckis directs Denzel Washington as an airline pilot whose act of heroism brings to light his secret drinking problem. (2:18) Presidio.

A Late Quartet Philip Seymour Hoffman and Christopher Walken head up a star-spangled cast in this drama about a famous string quartet. (1:45) Embarcadero.

A Liar’s Autobiography: The Untrue Story of Monty Python’s Graham Chapman Blessed with recordings made by Monty Python member Graham Chapman (King Arthur in 1975’s Monty Python and the Holy Grail; Brian in 1979’s Life of Brian) before his death in 1989 from cancer, filmmakers Bill Jones, Jeff Simpson, and Ben Timlett recruited 14 different animation studios to piece together Chapman’s darkly humorous (and often just plain dark) life story. He was gay, he was an alcoholic, he co-wrote (with John Cleese) the legendary "Dead Parrot Sketch." A Liar’s Autobiography starts slowly — even with fellow Monty Python members Cleese, Terry Jones, Terry Gilliam, and Michael Palin lending their voices, much of the bone-dry humor falls disappointingly flat. "This is not a Monty Python film," the filmmakers insist, and viewers hoping for such will be disappointed. Stick with it, though, and the film eventually finds its footing as an offbeat biopic, with the pick-a-mix animation gimmick at its most effective when illustrating Chapman’s booze-fueled hallucinations. In addition to opening theatrically, the film also debuts Fri/2 on premium cable channel Epix. (1:22) Smith Rafael, Sundance Kabuki. (Eddy)

The Loneliest Planet Travel broadens, they say — and has a way of foregrounding anxiety and desire. So the little tells take on a larger, much more loaded significance in The Loneliest Planet when contextualized by the devastatingly beautiful Caucasus Mountains in Georgia. In this film by Russian American director and video artist Julia Loktev, adventuring, engaged Westerners Nica (an ethereal Hani Furstenberg) and Alex (Gael García Bernal) hire a local guide and war veteran (Bidzina Gujabidze) to lead them on a camping trip through the wilderness. They’re globe-trotting blithe spirits, throwing themselves into new languages and new experiences, though the harsh, hazardous, and glorious Georgian peaks and crevasses have a way of making them seem even smaller while magnifying their weaknesses and naiveté. One small, critical stumble on their journey is all it takes for the pair to question their relationship, their roles, and the solid ground of their love. Working with minimal dialogue (and no handlebar subtitles) from a Tom Bissell short story, Loktev shows a deliberate hand and thoughtful eye in her use of the space, as well as her way of allowing the silences to speak louder than dialogue: she turns the outdoor expanses into a quietly awe-inspiring, albeit frightening mirror for the distances between, and emptiness within, her wanderers, uncertain about how to quite find their way home. (1:53) Clay, Shattuck. (Chun)

The Man With The Iron Fists Erstwhile Wu Tang-er RZA directs (and co-wrote, with Eli Roth) this over-the-top homage to classic martial arts films. (1:36)

Miami Connection See "Black-Belt Sabbath." (1:23) Roxie.

The Other Son The plot of ABC Family’s Switched at Birth gets a politically-minded makeover in Lorraine Lévy’s The Other Son, in which the mixed-up teens represent both sides of the Israel-Palestine conflict. When mop-topped wannabe rocker Joseph (Jules Sitruk) dutifully signs up for Israeli military duty, the required blood test reveals he’s not the biological son of his parents. Understandably freaked out, his French-Israeli mother (Emmanuelle Devos) finds out that a hospital error during a Gulf War-era evacuation meant she and husband Alon (Pascal Elbé) went home with the wrong infant — and their child, aspiring doctor Yacine (Medhi Dehbi), was raised instead by a Palestinian couple (Areen Omari, Khalifia Natour). It’s a highly-charged situation on many levels ("Am I still Jewish?", a tearful Joseph asks; "Have fun with the occupying forces?", Yacine’s bitter brother inquires after his family visits Joseph in Tel Aviv), and potential for melodrama is sky-high. Fortunately, director and co-writer Levy handles the subject with admirable sensitivity, and the film is further buoyed by strong performances. (1:53) Opera Plaza, Shattuck, Smith Rafael. (Eddy)

A Simple Life When elderly Ah Tao (Deanie Ip), the housekeeper who’s served his family for decades, has a stroke, producer Roger (Andy Lau) pays for her to enter a nursing home. No longer tasked with caring for Roger, Ah Tao faces life in the cramped, often depressing facility with resigned calm, making friends with other residents (some of whom are played by nonprofessional actors) and enjoying Roger’s frequent visits. Based on Roger Lee’s story (inspired by his own life), Ann Hui’s film is well-served by its performances; Ip picked up multiple Best Actress awards for her role, Lau is reliably solid, and Anthony Wong pops up as the nursing home’s eye patch-wearing owner. Wong’s over-the-top cameo doesn’t quite fit in with the movie’s otherwise low-key vibe, but he’s a welcome distraction in a film that can be too quiet at times — a situation not helped by its washed-out palette of gray, beige, and more gray. (1:58) Four Star. (Eddy)

Wreck-It Ralph Wreck-It Ralph cribs directly from the Toy Story series: when the lights go off in the arcade, video game characters gather to eat, drink, and endure existential crises. John C. Reilly is likable and idiosyncratic as Ralph, the hulking, ham-fisted villain of a game called Fix-It-Felix. Fed up with being the bad guy, Ralph sneaks into gritty combat sim Hero’s Duty under the nose of Sergeant Calhoun (Jane Lynch), a blond space marine who mixes Mass Effect‘s Commander Shepard with a PG-rated R. Lee Ermey. Things go quickly awry, and soon Ralph is marooned in cart-racing candyland Sugar Rush, helping Vanellope Von Schweetz (a manic Sarah Silverman), with Calhoun and opposite number Felix (Jack McBrayer) hot on his heels. Though often aggressively childish, the humor will amuse kids, parents, and occasionally gamers, and the Disney-approved message about acceptance is moving without being maudlin. The animation, limber enough to portray 30 years of changing video game graphics, deserves special praise. (1:34) Balboa, Presidio, Shattuck. (Ben Richardson)

The Zen of Bennett Landing somewhere between a glorified album making-of and a more depthed exploration, this documentary about famed crooner Tony of "I Left My Heart in San Francisco" fame shows him recording last year’s all-standards Duets II disc. His vocal collaborators are an eclectic — to say the least — mix of mostly much younger artists including Norah Jones, John Mayer, Carrie Underwood, Willie Nelson, and Andrea Bocelli. Some pairings are clearly a matter of commerce over chemistry, while others surprise — Lady Gaga is better than you might expect, while Aretha Franklin is certainly worse. Most touching as well as disturbing is his session with the late Amy Winehouse, whose nervous, possibly hopped-up appearance occasions his most gentlemanly behavior, as well as genuine admiration for her talent. (Others on the record, including Mariah Carey and k.d. lang, do not appear here.) Unjoo Moon’s rather mannered direction includes little displays of temperament from the octogenarian star, and glimpses of his family life (which extends well into his work life, since they all seem to be on the payroll), but just enough to tease — not enough to provide actual insight. Still, fans will find this less than-definitive portrait quite satisfying enough on its own limited terms. (1:24) Vogue. (Harvey)

ONGOING

Alex Cross (1:41) 1000 Van Ness, SF Center.

Argo If you didn’t know the particulars of the 1979 Iranian Revolution, you won’t be an expert after Argo, but the film does a good job of capturing America’s fearful reaction to the events that followed it — particularly the hostage crisis at the US embassy in Tehran. Argo zeroes in on the fate of six embassy staffers who managed to escape the building and flee to the home of the sympathetic Canadian ambassador (Victor Garber). Back in Washington, short-tempered CIA agents (including a top-notch Bryan Cranston) cast about for ways to rescue them. Enter Tony Mendez (Ben Affleck, who also directs), exfil specialist and father to a youngster wrapped up in the era’s sci-fi craze. While watching 1973’s Battle for the Planet of the Apes, Tony comes up with what Cranston’s character calls "the best bad idea we have:" the CIA will fund a phony Canadian movie production (corny, intergalactic, and titled Argo) and pretend the six are part of the crew, visiting Iran for a few days on a location shoot. Tony will sneak in, deliver the necessary fake-ID documents, and escort them out. Neither his superiors, nor the six in hiding, have much faith in the idea. ("Is this the part where we say, ‘It’s so crazy it just might work?’" someone asks, beating the cliché to the punch.) Argo never lets you forget that lives are at stake; every painstakingly forged form, every bluff past a checkpoint official increases the anxiety (to the point of being laid on a bit thick by the end). But though Affleck builds the needed suspense with gusto, Argo comes alive in its Hollywood scenes. As the show-biz veterans who mull over Tony’s plan with a mix of Tinseltown cynicism and patiotic duty, John Goodman and Alan Arkin practically burst with in-joke brio. I could have watched an entire movie just about those two. (2:00) Four Star, Marina, 1000 Van Ness, SF Center, Sundance Kabuki. (Eddy)

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

Chasing Mavericks Sidestepping the potential surf-porn impact of influential docs like The Endless Summer (1966) and Step Into Liquid (2003), Chasing Mavericks directors Curtis Hanson and Michael Apted instead focus on the coming-of-age back story of Santa Cruz surf legend Jay Moriarity, who landed on the cover of Surfer magazine at the very unripe age of 16 while attempting the way-challenging waves at Half Moon Bay’s Mavericks. How did the teenager manage to tackle the mythically massive, highly dangerous 25- to 80-plus-foot waves that have killed far more seasoned surfers? It all started at an early age, a starting point that’s perhaps a nod to Apted’s lifetime-spanning Up documentaries, as Moriarity (Jonny Weston) learned to gauge the size of the waves on his own and grew up idolizing neighbor and surfing kahuna Frosty Hesson (Gerard Butler). After tailing Hesson on a Mavericks surfing jaunt, Moriarity becomes enthralled with the idea of tackling those killer waves — an obsession that could kill the kid, Hesson realizes with the help of his wife Brenda (Abigail Spencer). So the elder puts him through a makeshift big-wave rider academy, developing him physically by having the teen, say, paddle from SC to Monterey and mentally by putting him through a series of discipline-building challenges. The result is a riptide of inspiration that even Moriarity’s damaged mom (Elisabeth Shue) can appreciate, that is if the directors hadn’t succumbed to an all-too-predictable story arc, complete with random bullying and an on-again-off-again love interest (Leven Rambin), plus the depthless performance of a too-cute, cherubic Weston. Too bad Butler, who tasted the ocean’s wrath when he got injured during the production, aged out of the Moriarity role: he brings the fire — and the fury that fuels a drive to do the physically unthinkable — that would have given Moriarity’s story new life. (1:45) Metreon, 1000 Van Ness. (Chun)

Cloud Atlas Cramming the six busy storylines of David Mitchell’s wildly ambitious novel into just three hours — the average reader might have thought at least 12 would be required — this impressive adaptation directed (in separate parts) by Tom Twyker (1998’s Run Lola Run) and Matrix siblings Lana and Andy Wachowski has a whole lot of narrative to get through, stretching around the globe and over centuries. In the mid 19th century, Jim Sturgess’ sickly American notory endures a long sea voyage as reluctant protector of a runaway-slave stowaway from the Chatham Islands (David Gyasi). In 1931 Belgium, a talented but criminally minded British musician (Ben Whishaw) wheedles his way into the household of a famous but long-inactive composer (Jim Broadbent). A chance encounter sets 1970s San Francisco journalist Luisa (Halle Berry) on the path of a massive cover-up conspiracy, swiftly putting her life in danger. Circa now, a reprobate London publisher’s (Broadbent) huge windfall turns into bad luck that gets even worse when he seeks help from his brother (Hugh Grant). In the not-so-distant future, a disposable "fabricant" server to the "consumer" classes (Doona Bae) finds herself plucked from her cog-like life for a rebellious higher purpose. Finally, in an indeterminately distant future after "the Fall," an island tribesman (Tom Hanks) forms a highly ambivalent relationship toward a visitor (Berry) from a more advanced but dying civilization. Mitchell’s book was divided into huge novella-sized blocks, with each thread split in two; the film wastes very little time establishing its individual stories before beginning to rapidly intercut between them. That may result in a sense of information (and eventually action) overload, particularly for non-readers, even as it clarifies the connective tissues running throughout. Compression robs some episodes of the cumulative impact they had on the page; the starry multicasting (which in addition to the above mentioned finds many uses for Hugo Weaving, Keith David, James D’Arcy, and Susan Sarandon) can be a distraction; and there’s too much uplift forced on the six tales’ summation. Simply put, not everything here works; like the very different Watchmen, this is a rather brilliant "impossible adaptation" screenplay (by the directors) than nonetheless can’t help but be a bit too much. But so much does work — in alternating currents of satire, melodrama, pulp thriller, dystopian sci-fi, adventure, and so on — that Cloud Atlas must be forgiven for being imperfect. If it were perfect, it couldn’t possibly sprawl as imaginatively and challengingly as it does, and as mainstream movies very seldom do. (2:52) Balboa, California, 1000 Van Ness, Presidio, SF Center, Sundance Kabuki. (Harvey)

The Dark Knight Rises Early reviews that called out The Dark Knight Rises‘ flaws were greeted with the kind of vicious rage that only anonymous internet commentators can dish out. And maybe this is yet another critic-proof movie, albeit not one based on a best-selling YA book series. Of course, it is based on a comic book, though Christopher Nolan’s sophisticated filmmaking and Christian Bale’s tortured lead performance tend to make that easy to forget. In this third and "final" installment in Nolan’s trilogy, Bruce Wayne has gone into seclusion, skulking around his mansion and bemoaning his broken body and shattered reputation. He’s lured back into the Batcave after a series of unfortunate events, during which The Dark Knight Rises takes some jabs at contemporary class warfare (with problematic mixed results), introduces a villain with pecs of steel and an at-times distractingly muffled voice (Tom Hardy), and unveils a potentially dangerous device that produces sustainable energy (paging Tony Stark). Make no mistake: this is an exciting, appropriately moody conclusion to a superior superhero series, with some nice turns by supporting players Gary Oldman and Joseph Gordon-Levitt. But in trying to cram in so many characters and plot threads and themes (so many prisons in this thing, literal and figural), The Dark Knight Rises is ultimately done in by its sprawl. Without a focal point — like Heath Ledger’s menacing, iconic Joker in 2008’s The Dark Knight — the stakes aren’t as high, and the end result feels more like a superior summer blockbuster than one for the ages. (2:44) Metreon. (Eddy)

Diana Vreeland: The Eye Has to Travel The life of legendary fashion editor Diana Vreeland is colorfully recounted in Diana Vreeland: The Eye Has to Travel, a doc directed by her granddaughter-in-law, Lisa Immordino Vreeland. The family connection meant seemingly unlimited access to material featuring the unconventionally glamorous (and highly quotable) Vreeland herself, plus the striking images that remain from her work at Harper’s Bazaar, Vogue, and the Costume Institute of the Metropolitan Museum of Art. "Narrated" from interview transcripts by an actor approximating the late Vreeland’s husky, posh tones, the film allows for some criticism (her employees often trembled at the sight of her; her sons felt neglected; her grasp of historical accuracy while working at the museum was sometimes lacking) among the praise, which is lavish and delivered by A-listers like Anjelica Huston, who remembers "She had a taste for the extraordinary and the extreme," and Manolo Blahnik, who squeals, "She had the vision!" (1:26) Opera Plaza. (Eddy)

Frankenweenie Tim Burton’s feature-length Frankenweenie expands his 1984 short of the same name (canned by Disney back in the day for being too scary), and is the first black and white film to receive the 3D IMAX treatment. A stop-motion homage to every monster movie Burton ever loved, Frankenweenie is also a revival of the Frankenstein story cute-ified for kids; it takes the showy elements of Mary Shelley’s novel and morphs them to fit Burton’s hyperbolic aesthetic. Elementary-school science wiz Victor takes his disinterred dog from bull terrier to gentle abomination (when the thirsty Sparky drinks, he shoots water out of the seams holding his body parts together). Victor’s competitor in the school science fair, Edgar E. Gore, finds out about Sparky and ropes in classmates to scrape up their dead pets from the town’s eerily utilized pet cemetery and harness the town’s lightning surplus. The film’s answer to Boris Karloff (lisp intact) resurrects a mummified hamster, while a surrogate for Japanese Godzilla maker Ishiro Honda, revives his pet turtle Shelley (get it?) into Gamera. As these experiments aren’t borne of love, they don’t go as well at Victor’s. If you love Burton, Frankenweenie feels like the at-last presentation of a story he’s been dying to tell for years. If you don’t love him, you might wonder why it took him so long to get it out. When Victor’s science teacher leaves the school, he tells Victor an experiment conducted without love is different from one conducted with it: love, he implies, is a variable. If that’s the variable that separates 2003’s Big Fish (heartbreaking) from 2010’s Alice In Wonderland (atrocious), it’s a large one indeed. The love was there for 29 minutes in 1984, but I can’t say it endures when stretched to 87 minutes 22 years later. (1:27) Metreon, 1000 Van Ness. (Vizcarrondo)

Fun Size (1:45) Metreon, 1000 Van Ness, Shattuck.

Here Comes the Boom The makers of September’s Won’t Back Down might quibble with this statement, but the rest of us can probably agree that nothing (with the possible exception of Trapper Keepers) says "back to school" like competitive steel-cage mixed martial arts — particularly if the proceeds from the matches go toward saving extracurriculars at a down-at-the-heels public high school. Kevin James plays Scott Voss, a 42-year-old biology teacher at the aforementioned school, whose lack of vocational enthusiasm is manifested by poor attendance and classroom observations about how none of what the students are learning matters. He’s jolted from this criminally subpar performance of his academic duties, however, when budget cuts threaten the school’s arts programs, including the job of an earnest and enthusiastic music teacher (Henry Winkler) whose dedication Scott lazily admires. It seems less than inevitable that this state of affairs would lead to Scott’s donning his college wrestling singlet and trundling into the ring to get pummeled and mauled for cash, but it seems to work better than a bake sale. Less effective and equally unconvincing are Scott’s whiplash arc from bad apple to teacher-of-the-year; a percolating romance between him and the school nurse, played by Salma Hayek; and the script’s tortuous parade of rousing statements celebrating the power of the human spirit, seemingly cribbed from a page-a-day calendar of inspirational quotes. (1:45) SF Center. (Rapoport)

Hotel Transylvania (1:32) Metreon, 1000 Van Ness, Shattuck.

The House I Live In Much like he did in 2005’s Why We Fight, filmmaker Eugene Jarecki identifies a Big Issue (in that film, the Iraq War) and strips it down, tracing all of the history leading up to the current crisis point. Here, he takes on America’s "war on drugs," which I put quotes around not just because it was a phrase spoken by Nixon and Reagan, but also because — as The House I Live In ruthlessly exposes — it’s been a failure, a sham, since its origins in the late 1960s. Framing his investigation with the personal story of his family’s housekeeper — whose dedication to the Jarecki family meant that she was absent when her own son turned to drugs — and enfolding a diverse array of interviews (a sympathetic prison guard, addicts and their families, The Wire‘s David Simon) and locations (New York City, Sioux City), Jarecki has created an eye-opening film. Particularly well-explained are segments on how drug laws correlate directly to race and class, and how the prison-industrial complex has played a part in making sure those laws remain as strict as possible. (1:48) Sundance Kabuki. (Eddy)

Looper It’s 2044 and, thanks to a lengthy bout of exposition by our protagonist, Joe (Joseph Gordon-Levitt), here’s what we know: Time travel, an invention 30 years away, will be used by criminals to transport their soon-to-be homicide victims backward, where a class of gunmen called loopers, Joe among them, are employed to "do the necessaries." More deftly revealed in Brick writer-director Rian Johnson’s new film is the joylessness of the world in which Joe amorally makes his way, where gangsters from the future control the present (under the supervision of Jeff Daniels), their hit men live large but badly (Joe is addicted to some eyeball-administered narcotic), and the remainder of the urban populace suffers below-subsistence-level poverty. The latest downside for guys like Joe is that a new crime boss has begun sending back a steady stream of aging loopers for termination, or "closing the loop"; soon enough, Joe is staring down a gun barrel at himself plus 30 years. Being played by Bruce Willis, old Joe is not one to peaceably abide by a death warrant, and young Joe must set off in search of himself so that—with the help of a woman named Sara (Emily Blunt) and her creepy-cute son Cid (Pierce Gagnon)—he can blow his own (future) head off. Having seen the evocatively horrific fate of another escaped looper, we can’t totally blame him. Parsing the daft mechanics of time travel as envisioned here is rough going, but the film’s brisk pacing and talented cast distract, and as one Joe tersely explains to another, if they start talking about it, "we’re gonna be here all day making diagrams with straws" —in other words, some loops just weren’t meant to be closed. (1:58) 1000 Van Ness, Piedmont, SF Center, Sundance Kabuki. (Rapoport)

Masquerade (2:11) Metreon.

The Master Paul Thomas Anderson’s much-hyped likely Best Picture contender lives up: it’s easily the best film of 2012 so far. Philip Seymour Hoffman stars as Lancaster Dodd, the L. Ron Hubbard-ish head of a Scientology-esque movement. "The Cause" attracts Freddie Quell (Joaquin Phoenix, in a welcome return from the faux-deep end), less for its pseudo-religious psychobabble and bizarre personal-growth exercises, and more because it supplies the aimless, alcoholic veteran — a drifter in every sense of the word — with a sense of community he yearns for, yet resists submitting to. As with There Will Be Blood (2007), Anderson focuses on the tension between the two main characters: an older, established figure and his upstart challenger. But there’s less cut-and-dried antagonism here; while their relationship is complex, and it does lead to dark, troubled places, there are also moments of levity and weird hilarity — which might have something to do with Freddie’s paint-thinner moonshine. (2:17) Albany, Sundance Kabuki. (Eddy)

Middle of Nowhere All the reasons why movie publicist turned filmmaker Ava DuVernay scored the best director award at the Sundance Film Festival are up here on the screen. Taking on the emotionally charged yet rarely attempted challenge of picturing the life of the loved one left behind by the incarcerated, DuVernay furthers the cause of telling African American stories — she founded AaFFRM (African-American Film Festival Releasing Movement) and made her directorial debut with 2008 LA hip-hop doc This Is The Life — with Middle of Nowhere. Medical student Ruby (the compelling Emayatzy Corinealdi) appears to have a bright future ahead of her, when her husband Derek (Omari Hardwick) makes some bad choices and is tossed into maximum security prison for eight long years. She swears she’ll wait for him, putting her dreams aside, making the long bus ride out to visit him regularly, and settling for any nursing shift she can. How will she scrape the money together to pay the lawyer for Derek’s parole hearing, cope with the grinding disapproval of her mother (Lorraine Toussaint), support the increasingly hardened and altered Derek, and most importantly, discover a new path for herself? All are handled with rare empathy and compassion by DuVernay, who is rewarded for her care by her cast’s powerful performances. Our reward might be found amid the everyday poetry of Ruby’s life, while she wraps her hair for bed, watches Ali: Fear Eats the Soul (1974), and fantasizes about love in a life interrupted. (1:41) Stonestown. (Chun)

Paranormal Activity 4 (1:21) Metreon, 1000 Van Ness.

The Perks of Being a Wallflower Move over, Diary of a Wimpy Kid series — there’s a new shrinking-violet social outcast in town. These days, life might not suck quite so hard for 90-pound weaklings in every age category, what with so many films and TV shows exposing, and sometimes even celebrating, the many miseries of childhood and adolescence for all to see. In this case, Perks author Stephen Chbosky takes on the directorial duties — both a good and bad thing, much like the teen years. Smart, shy Charlie is starting high school with a host of issues: he’s painfully awkward and very alone in the brutal throng, his only friend just committed suicide, and his only simpatico family member was killed in a car accident. Charlie’s English teacher Mr. Andersen (Paul Rudd) appears to be his only connection, until the freshman strikes up a conversation with feline, charismatic, shop-class jester Patrick (Ezra Miller) and his magnetic, music- and fun-loving stepsister Sam (Emma Watson). Who needs the popular kids? The witty duo head up their gang of coolly uncool outcasts their own, the Wallflowers (not to be confused with the deeply uncool Jakob Dylan combo), and with them, Charlie appears to have found his tribe. Only a few small secrets put a damper on matters: Patrick happens to be gay and involved with football player Brad (Johnny Simmons), who’s saddled with a violently conservative father, and Charlie is in love with the already-hooked-up Sam and is frightened that his fragile equilibrium will be destroyed when his new besties graduate and slip out of his life. Displaying empathy and a devotion to emotional truth, Chbosky takes good care of his characters, preserving the complexity and ungainly quirks of their not-so-cartoonish suburbia, though his limitations as a director come to the fore in the murkiness and choppily handled climax that reveals how damaged Charlie truly is. (1:43) Embarcadero, Piedmont, Presidio, Shattuck, Sundance Kabuki. (Chun)

Pitch Perfect As an all-female college a cappella group known as the Barden Bellas launches into Ace of Base’s "The Sign" during the prologue of Pitch Perfect, you can hear the Glee-meets-Bring It On elevator pitch. Which is fine, since Bring It On-meets-anything is clearly worth a shot. In this attempt, Anna Kendrick stars as withdrawn and disaffected college freshman Beca, who dreams of producing music in L.A. but is begrudgingly getting a free ride at Barden University via her comp lit professor father. Clearly his goal is not making sure she receives a liberal arts education, as Barden’s academic jungle extends to the edges of the campus’s competitive a cappella scene, and the closest thing to an intellectual challenge occurs during a "riff-off" between a cappella gangs at the bottom of a mysteriously drained swimming pool. When Beca reluctantly joins the Bellas, she finds herself caring enough about the group’s fate to push for an Ace of Base moratorium and radical steps like performing mashups. Much as 2000’s Bring It On coined terms like "cheerocracy" and "having cheer-sex," Pitch Perfect gives us the infinitely applicable prefix "a ca-" and descriptives like "getting Treble-boned," a reference to forbidden sexual relations with the Bellas’ cocky rivals, the Treblemakers. The gags get funnier, dirtier, and weirder, arguably reaching their climax in projectile-vomit snow angels, with Elizabeth Banks and John Michael Higgins as grin-panning competition commentators offering a string of loopily inappropriate observations. (1:52) Metreon, 1000 Van Ness. (Rapoport)

Samsara Samsara is the latest sumptuous, wordless offering from director Ron Fricke, who helped develop this style of dialogue- and context-free travelogue with Koyaanisqatsi (1982) and Baraka (1992). Spanning five years and shooting on 70mm film to capture glimmers of life in 25 countries on five continents, Samsara, which spins off the Sanskrit word for the "ever-turning wheel of life," is nothing if not good-looking, aspiring to be a kind of visual symphony boosted by music by the Dead Can Dance’s Lisa Gerrard and composers Michael Stearns and Marcello De Francisci. Images of natural beauty, baptisms, and an African woman and her babe give way to the madness of modern civilization — from jam-packed subways to the horrors of mechanized factory farming to a bizarre montage of go-go dancers, sex dolls, trash, toxic discarded technology, guns, and at least one gun-shaped coffin. After such dread, the opening and closing scenes of Buddhist spirituality seem almost like afterthoughts. The unmistakable overriding message is: humanity, you dazzle in all your glorious and inglorious dimensions — even at your most inhumane. Sullying this hand wringing, selective meditation is Fricke’s reliance on easy stereotypes: the predictable connections the filmmaker makes between Africa and an innocent, earthy naturalism, and Asia and a vaguely threatening, mechanistic efficiency, come off as facile and naive, while his sonic overlay of robot sounds over, for instance, an Asian woman blinking her eyes comes off as simply offensive. At such points, Fricke’s global leap-frogging begins to eclipse the beauty of his images and foregrounds his own biases. (1:39) Opera Plaza, Shattuck. (Chun)

Searching for Sugar Man The tale of the lost, and increasingly found, artist known as Rodriguez seems to have it all: the mystery and drama of myth, beginning with the singer-songwriter’s stunning 1970 debut, Cold Fact, a neglected folk rock-psychedelic masterwork. (The record never sold in the states, but somehow became a beloved, canonical LP in South Africa.) The story goes on to parse the cold, hard facts of vanished hopes and unpaid royalties, all too familiar in pop tragedies. In Searching for Sugar Man, Swedish documentarian Malik Bendjelloul lays out the ballad of Rodriguez as a rock’n’roll detective story, with two South African music lovers in hot pursuit of the elusive musician — long-rumored to have died onstage by either self-immolation or gunshot, and whose music spoke to a generation of white activists struggling to overturn apartheid. By the time Rodriguez himself enters the narrative, the film has taken on a fairy-tale trajectory; the end result speaks volumes about the power and longevity of great songwriting. (1:25) Opera Plaza, Shattuck. (Chun)

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

Seven Psychopaths Those nostalgic for 1990s-style chatty assassins will find much to love in the broadly sketched Seven Psychopaths. Director-writer Martin McDonough already dipped a pen into Tarantino’s blood-splattered ink well with his 2008 debut feature, In Bruges, and Seven Psychopaths reads as larkier and more off-the-cuff, as the award-winning Irish playwright continues to try to find his own discomfiting, teasing balance between goofy Grand Guignol yuks and meta-minded storytelling. Structured, sort of, with the certified lucidity of a thrill killer, Seven Psychopaths opens on Boardwalk Empire heavies Michael Pitt and Michael Stuhlbarg bantering about the terrors of getting shot in the eyeball, while waiting to "kill a chick." The talky twosome don’t seem capable of harming a fat hen, in the face of the Jack of Spades serial killer, who happens to be Psychopath No. One and a serial destroyer of hired guns. The key to the rest of the psychopathic gang is locked in the noggin of screenwriter Marty (Colin Farrell), who’s grappling with a major block and attempting the seeming impossible task of creating a peace-loving, Buddhist killer. Looking on are his girlfriend Kaya (Abbie Cornish) and actor best friend Billy (Sam Rockwell), who has a lucrative side gig as a dog kidnapper — and reward snatcher — with the dapper Hans (Christopher Walken). A teensy bit too enthusiastic about Marty’s screenplay, Billy displays a talent for stumbling over psychos, reeling in Zachariah (Tom Waits) and, on his doggie-grabbing adventures, Shih Tzu-loving gangster Charlie (Woody Harrelson). Unrest assured, leitmotifs from McDonough plays — like a preoccupation with fiction-making (The Pillowman) and the coupling of pet-loving sentimentality and primal violence (The Lieutenant of Inishmore) — crop up in Seven Psychopaths, though in rougher, less refined form, and sprinkled with a nervous, bromantic anxiety that barely skirts homophobia. Best to bask in the cute, dumb pleasures of a saucer-eyed lap dog and the considerably more mental joys of this cast, headed up by dear dog hunter Walken, who can still stir terror with just a withering gaze and a voice that can peel the finish off a watch. (1:45) Marina, Metreon, 1000 Van Ness, Piedmont, Sundance Kabuki. (Chun)

Silent Hill: Revelation 3D The husband and adopted daughter of Rosa (Radha Mitchell, star of the 2006 first film and seen briefly here), Harry (Sean Bean) and Heather (Adelaide Clemens) have been on the run from both police and ghouls since mom vanished into the titular nether land some years ago. When dad is abducted, Heather must follow him to you-know-where, accompanied by cute-boy-with-a-secret Vincent (Kit Harington). There she runs screaming from the usual faceless knife-wielding nuns and other nightmare nemeses while attempting to rescue Pa and puzzle out her place in resolving the curse placed on the ghost town. The original 2006 film adaptation of the video game was a mixed bag but, like the game, had splendid visuals; this cut rate sequel lacks even that, despite the addition of 3D (if you’re willing to pay for a premium ticket). It’s pure cheese with no real scares, much-diminished atmosphere, and laughable stretches of mythological mumbo-jumbo recited by embarrassed good actors (Martin Donovan, Deborah Kara Unger, Carrie-Anne Moss, a punishingly hammy Malcolm McDowell). There is one cool monster — a many-faced "tarantula" assembled from mannequin parts — but its couple minutes aren’t worth ponying up for the rest of a movie that severely disappoints already low expectations. (1:34) Metreon, 1000 Van Ness. (Harvey)

Sinister True-crime author Ellison Oswalt (Ethan Hawke) hasn’t had a successful book in a decade. So he uproots wife (Juliet Rylance) and kids (Michael Hall D’Addario, Clare Foley) for yet another research project, not telling them that they’re actually moving into the recent scene of a ghastly unsolved murder in which an entire family — save one still-missing child — was hanged from a backyard tree. He finds a box in the attic that somehow escaped police attention, its contents being several reels of Super 8 home movies stretching back decades — all of families similarly wiped out in one cruel act. Smelling best-sellerdom, Ellison keeps this evidence of a serial slayer to himself. It’s disturbing when his son re-commences sleepwalking night terrors. It’s really disturbing when dad begins to spy a demonic looking figure lurking in the background of the films. It’s really, really disturbing when the projector starts turning itself on, in the middle of the night, in his locked office. A considerable bounce-back from his bloated 2008 Day the Earth Stood Still remake, Scott Derrickson’s film takes the opposite tact — it’s very small in both physical scope and narrative focus, almost never leaving the Oswalt’s modest house in fact. He takes the time to let pure creepiness build rather than feeling the need to goose our nads with a false scare or goresplat every five minutes. As a result, Sinister is definitely one of the year’s better horrors, even if (perhaps inevitably) the denouement can’t fully meet the expectations raised by that very long, unsettling buildup. (1:50) Metreon, 1000 Van Ness. (Harvey)

Tai Chi Zero A little boy dubbed "the Freak" for the curious, horn-like growth on his forehead grows up to be Lu Chan (Jaydan Yuan), who becomes a near-supernatural martial arts machine when the horn is punched, panic-button style. But activating the "Three Blossoms of the Crown," as it’s called, takes a toll on the boy’s health, so he’s sent to the isolated Chen Village to learn their signature moves, though he’s repeatedly told "Chen-style kung fu is not taught to outsiders!" Stephen Fung’s lighthearted direction (characters are introduced with bios about the actors who play them, even the split-second cameos: "Andrew Lau, director of the Infernal Affairs trilogy"), affinity for steampunk and whimsy, engagement of Sammo Hung as action director, and embracing of the absurd (the film’s most-repeated line: "What the hell?") all bring interest to this otherwise pretty predictable kung-fu tale, with its old-ways-versus-Western-ways conflict and misfit hero. Still, there’s something to be said for batshit insanity. (Be warned, though: Tai Chi Zero is the first in a series, which means one thing: it ends on a cliffhanger. Argh.) (1:34) Metreon. (Eddy)

Taken 2 Surprise hit Taken (2008) was a soap opera produced by French action master Luc Besson and designed for export. The divorced-dad-saves-daughter-from-sex-slavery plot may have nagged at some universal parenting anxieties, but it was a Movie of the Week melodrama made on a major movie budget. Taken 2 begins immediately after the last, with sweet teen Kim (Maggie Grace) talking about normalizing after she was drugged and bought for booty. Papa Neeson sees Kim’s mom (Famke Janssen) losing her grip on husband number two and invites them both to holiday in Istanbul following one of his high-stakes security gigs. When the assistant with the money slinks him a fat envelope, Neeson chuckles at his haul. This is the point when women in the audience choose which Neeson they’re watching: the understated super-provider or the warrior-dad whose sense of duty can meet no match. For family men, this is the breeziest bit of vicarious living available; Neeson’s character is a tireless daddy duelist, a man as diligent as he is organized. (This is guy who screams "Victory loves preparation!") As head-splitting, disorienting, and generally exhausting as the action direction is, Neeson saves his ex-wife and the show in a stream of unclear shootouts. Taken 2 is best suited for the small screen, but whatever the size, no one can stop an international slave trade (or wolves, or Batman) like 21st century Liam. Swoon. (1:31) Metreon, 1000 Van Ness. (Vizcarrondo)

The Waiting Room Twenty-four hours in the uneasy limbo of an ER waiting room sounds like a grueling, maddening experience, and that’s certainly a theme in this day-in-the-life film. But local documentarian Peter Nicks has crafted an absorbing portrait of emergency public health care, as experienced by patients and their families at Oakland’s Highland Hospital and as practiced by the staff there. Other themes: no insurance, no primary care physician, and an emergency room being used as a medical facility of first, last, and only resort. Nicks has found a rich array of subjects to tell this complicated story: An anxious, unemployed father sits at his little girl’s bedside. Staffers stare at a computer screen, tracking a flood of admissions and the scarce commodity of available beds. A doctor contemplates the ethics of discharging a homeless addict for the sake of freeing up one of them. And a humorous, ultra-competent triage nurse fields an endless queue of arrivals with humanity and steady nerves. (1:21) Shattuck, Sundance Kabuki. (Rapoport)

Man for the moment?

25

steve@sfbg.com

This year’s supervisorial race in District 5 — representing the Haight, Panhandle, and Western Addition, some of the most reliably progressive precincts in the city — has been frustrating for local leftists. But as the long and turbulent campaign enters its final week, some are speculating that John Rizzo, whose politics are solid and campaign lackluster, could be well-positioned to capitalize on this strange political moment.

Appointed incumbent Sup. Christina Olague has been a disappointment to some of her longtime progressive allies, although she’s now enjoying a resurgence of support on the left in the wake of her vote to reinstate Sheriff Ross Mirkarimi. Now two allies of the mayor — tech titan Ron Conway and landlord Thomas Coates — are funding a $120,000 last-minute attack on Olague.

The campaign of one-time left favorite Julian Davis lost most of its progressive supporters following his recent mishandling of accusations of bad behavior toward women (see “Julian Davis should drop out,” 10/16).

The biggest fear among progressive leaders is that London Breed, a well-funded moderate candidate being strongly supported by real estate and other powerful interests, will win the race and tip the Board of Supervisors to the right. The final leg of the campaign could be nasty battle between Breed and Olague and their supporters, who tend to see it as a two-person race at this point.

But in a divisive political climate fed by the Mirkarimi and Davis scandals and the unprecedented flood of hundreds of thousands of dollars in real estate and tech money, it’s hard to say what D5 voters will do, particularly given the unpredictably of how they will use ranked-choice voting to sort through this mess.

Running just behind these three tarnished and targeted candidates in terms of money and endorsements are Rizzo and small business person Thea Selby, who described their candidacies as “the grown-ups in the room, so there’s an opportunity there and I’m hopeful.”

Selby hasn’t held elective office and doesn’t have same name-recognition and progressive history as Rizzo, although she has one of the Guardian’s endorsements. It probably didn’t help win progressive confidence when the downtown-backed Alliance for Jobs and Sustainable Growth recently did an independent expenditure on behalf of both Selby and Breed.

And then there’s Rizzo, who has been like the tortoise in this race, quietly spending his days on the streets meeting voters. Between fundraising and public financing, Rizzo collected about $65,000 as of Oct. 20 (compared to Breed’s nearly $250,000), but he’s been smart and frugal with it and has almost $20,000 in the bank for the final stretch, more than either Olague or Davis.

But perhaps more important than money or retail politics, if indeed D5 voters continue their strongly progressive voting trends, are two key facts: Rizzo is the most clear and consistent longtime progressive activist in the race — and he’s a nice, dependable guy who lacks the oversized ego of many of this city’s leaders.

“I see consistency there and a lack of drama,” Assembly member Tom Ammiano, an early Rizzo endorser, told us. “He’s looking not like a flip-flopper, not like he owes anyone, and he doesn’t have a storied past.”

 

PROGRESSIVE HISTORY

Rizzo, who was born in New York City 54 years ago, is downright boring by San Francisco standards, particularly given his long history in a local progressive movement known for producing fiery warriors like Chris Daly, shrewd strategists like Aaron Peskin, colorful commenters like Ammiano, bohemian thinkers like Matt Gonzalez, and flawed idealists like Ross Mirkarimi.

Rizzo is a soft-spoken family man who has lived in the same building on Waller Street in the Haight-Ashbury for the last 27 years. Originally, he and Christine, his wife of 25 years, rented their apartment in a tenancy-in-common building before they bought it in the early 1990s, although he’s quick to add, “In all the years we’ve owned it, we never applied for condoship.”

He supports the city’s limits on condo conversions as important to protecting working-class housing, although he said, “The focus should be on building new affordable housing.” That’s an issue Rizzo has worked on since joining the Sierra Club’s San Francisco Bay Chapter more than 20 years ago, an early advocate for broadening the chapter’s view of environmentalism.

He’s a Muni rider who hasn’t owned a car since 1987.

Michelle Myers, director of the Sierra Club’s San Francisco Bay Chapter, said Rizzo brings a wealth of experience, established relationships, and shrewd judgment to his role as the group’s political chair. “We really rely on John’s ability to weigh what is politically feasible, not just what’s ideal in our minds,” she told us.

Yet that political realism shouldn’t be confused for a lack of willingness to fight for big, important goals. Rizzo has been an advocate for public power in San Francisco for many years, strategizing with then-Sup. Ammiano in 2001 to implement a community choice aggregation program, efforts that led to this year’s historic passage of the CleanPowerSF program (with a key vote of support by Olague) over the objections of Mayor Lee and some business leaders.

“CleanPowerSF was carried by John Rizzo, who has been working on that issue for 10 years,” Myers said.

Rizzo is a technology writer, working for prospering computer magazines in the 1990s “until they all went away with the dot.com bubble,” as well as books (his 14th book, Mountain Lion Server for Dummies, comes out soon).

He sees the “positives and the negatives” of the last tech boom and this one, focusing on solving problems like the Google and Genetech buses blocking traffic or Muni bus stops. “On the one hand, these people aren’t driving, but on the other hand, they’re unregulated and using our bus stops,” he said. “We need to find some solution to accommodate them. Charge them for it, but accommodate them.”

That’s typical of how Rizzo approaches issues, wanting to work with people to find solutions. As president of the City College of San Francisco Board of Trustees, Rizzo suffered the bad timing of the district having its accreditation threatened just as his supervisorial race was getting underway, but he’s steadily worked through the administrative problems that predated his tenure, starting with the criminal antics of former Chancellor Phil Day and continuing with “a management structure still in place, and it had calcified.”

Despite being on the campaign trail, Rizzo called the trustees together six times in August to deal with the accreditation problems. “We now have a plan that shows all the things the district needs to do to keep it afloat. City College is back on track.”

 

WEAKNESS BECOMES STRENGTH

Eileen Hansen — a longtime progressive activist, former D8 supervisorial candidate, and former Ethics Commissioner — gave her early endorsement to Rizzo, who never really seemed to catch fire. “There hasn’t been a lot of flash and I would love for there to be more energy,” she admitted.

So, like many progressive leaders, she later offered her endorsement to Davis, believing he had the energy needed to win the race. But after Davis’ problems, Hansen withdrew that endorsement and sees Rizzo as the antidote to its problems.

“We are in such a mess in D5, and I’m hoping they will say, ‘enough already, let’s find someone who’s just good on the issues, and that’s John,” Hansen said. “As a progressive, if you look at his stands over many years, I’d be hard-pressed to find an issue I don’t agree with him on. He’s a consistent, strong progressive voice, someone you can count on who’s not aligned with some power base.”

Other prominent progressive leaders agree.

“What some people may have viewed as his weak point may end up being his strength,” said former Board President Aaron Peskin, who endorsed Rizzo after the problems surfaced with Davis. “A calm, steady, cool, collected, dispassionate progressive may actually be the right thing for this moment.”

Sup. Malia Cohen, a likable candidate who rose from fourth place on election night to win a heated District 10 supervisorial race two years ago, is a testament to how ranked-choice voting opens up lots of new possibilities.

“Ranked choice voting defies conventional wisdom,” Peskin said. “There may be Julian Davis supporters and Christina Olague supporters and London Breed supporters who all place John Rizzo as their second.”

In fact, during our endorsement interviews and in a number of debates and campaign events, nearly every candidate in the race mentioned Rizzo as a good second choice.

Yet Rizzo doesn’t mince words when he talks about the need for reconstitute the progressive movement after the deceptions and big-money interests that brought Mayor Lee and “his fake age of civility” to power. Lee promised not to seek a full term “and he broke the deal,” Rizzo said. “And it was a public deal he broke, not some backroom deal.” 

That betrayal and the money-driven politics that Lee ushered in, combined with the divisive political climate that Lee’s long effort to remove Mirkarimi from office created, has deeply damaged the city’s political system. “I think the climate is very bad It’s bad for progressives, and just bad for politics because it’s turning voters off,” Rizzo said.

He wants to find ways to empower average San Franciscans and get them engaged with helping shape the city’s future.

“We need a new strategy. We need to regroup and think about things long and hard. I think it’s not working here. We’re doing the same things and it’s not working out. The money is winning.” He doesn’t think the answers lie in continued conflict, or with any individual politicians “because people are flawed, everyone is,” Rizzo said.

Yet Rizzo’s main flaw in the rough-and-tumble world of political campaigns may be that he’s too nice, too reluctant to toot his horn or beat his chest. “That kind of style is not me. That aggressive person is not who I am,” Rizzo said. “But I think voters like that. Voters do want someone who is going to focus on policy and not themselves.”

Film Listings

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

Opening

Chasing Mavericks The Bay Area’s big-wave spot hits the big screen, with Gerard Butler and Jonny Weston as real-life surfers Rick “Frosty” Hesson and Jay Moriarity. (1:45)

Cloud Atlas Cramming the six busy storylines of David Mitchell’s wildly ambitious novel into just three hours — the average reader might have thought at least 12 would be required — this impressive adaptation directed (in separate parts) by Tom Twyker (1998’s Run Lola Run) and Matrix siblings Lana and Andy Wachowski has a whole lot of narrative to get through, stretching around the globe and over centuries. In the mid 19th century, Jim Sturgess’ sickly American notory endures a long sea voyage as reluctant protector of a runaway-slave stowaway from the Chatham Islands (David Gyasi). In 1931 Belgium, a talented but criminally minded British musician (Ben Whishaw) wheedles his way into the household of a famous but long-inactive composer (Jim Broadbent). A chance encounter sets 1970s San Francisco journalist Luisa (Halle Berry) on the path of a massive cover-up conspiracy, swiftly putting her life in danger. Circa now, a reprobate London publisher’s (Broadbent) huge windfall turns into bad luck that gets even worse when he seeks help from his brother (Hugh Grant). In the not-so-distant future, a disposable “fabricant” server to the “consumer” classes (Doona Bae) finds herself plucked from her cog-like life for a rebellious higher purpose. Finally, in an indeterminately distant future after “the Fall,” an island tribesman (Tom Hanks) forms a highly ambivalent relationship toward a visitor (Berry) from a more advanced but dying civilization. Mitchell’s book was divided into huge novella-sized blocks, with each thread split in two; the film wastes very little time establishing its individual stories before beginning to rapidly intercut between them. That may result in a sense of information (and eventually action) overload, particularly for non-readers, even as it clarifies the connective tissues running throughout. Compression robs some episodes of the cumulative impact they had on the page; the starry multicasting (which in addition to the above mentioned finds many uses for Hugo Weaving, Keith David, James D’Arcy, and Susan Sarandon) can be a distraction; and there’s too much uplift forced on the six tales’ summation. Simply put, not everything here works; like the very different Watchmen, this is a rather brilliant “impossible adaptation” screenplay (by the directors) than nonetheless can’t help but be a bit too much. But so much does work — in alternating currents of satire, melodrama, pulp thriller, dystopian sci-fi, adventure, and so on — that Cloud Atlas must be forgiven for being imperfect. If it were perfect, it couldn’t possibly sprawl as imaginatively and challengingly as it does, and as mainstream movies very seldom do. (2:52) Balboa, California, Presidio. (Harvey)

Fun Size When a teen (Victoria Justice) is forced to baby-sit her brother the night of the social event of the Halloween season, PG-13 chaos ensues. (1:45) Shattuck.

Masquerade A king hires an actor from the local village (both portrayed by Korean megastar Byung-hun Lee) to be his body double in this historical drama. (2:11) Metreon.

Nobody Walks In Ry Russo-Young’s LA-set film, from a screenplay co-written with Lena Dunham, an alluring young woman named Martine (Olivia Thirlby) is welcomed into the Silver Lake home of psychotherapist Julie (Rosemarie DeWitt) and sound engineer Peter (John Krasinski), who has agreed to help Martine with the soundtrack for her film, destined for a gallery installation back in New York. While Martine’s film constructs a fiction around the fevered activities of the insect world, Russo-Young’s drifts quietly through the lives of its human household, offering glimpses of the romantic preoccupations of a teenage daughter (India Ennenga) and Julie’s interactions with one of her patients (Justin Kirk), and revealing a series of relationships hovering tensely on the border of unsanctioned behavior. The uncomfortable centerpiece is the intimacy that develops between Peter and Martine; tracking their progress through the family’s sprawling home as the two collect sounds for her project, the camera zooms in toward the sources, making the spaces the pair inhabit seem ominously small. Their eventual collision is unsurprising, but Peter hardly comes across as a besieged, frustrated family man. He tells Martine that “marriage is complicated,” but against the warm, appealing backdrop of his and Julie’s home life, it sounds like a pretty flimsy excuse for kissing a pretty, proximal 23-year-old. As for Martine, she seems not to need any rationale. But even factoring out the callousness of youth (or at least the genre of youth presented here), the film offhandedly suggests that the tipping point away from domestic happiness is depressingly easy to reach. (1:22) Bridge, Shattuck. (Rapoport)

Pusher A pusher has been pushed to the limit—this time around in a charm-free, deal-driven London. This remake of the Nicolas Winding Refn’s 1996 hit was given the seal of approval by the Drive (2011) auteur, who took a role here as an executive producer, with Luis Prieto in the director’s seat. Prieto does his best to keep the pressure on at all moments, as small-time heroin dealer Frank (Richard Coyle, resembling Dominic West in urban-hustler safari mode) undergoes the worst week of his life. He appears to have a tidy little existence with goofy, floppy-haired cohort Tony (Bronson Webb) by his side and delicately beautiful stripper Flo (Agyness Deyn) providing sexual healing and safe harbor for his dough. He has just hooked up drug mule Danaka (Daisy Lewis) to bring back a batch from Amsterdam when acquaintance Marlon (Neil Maskell) hits him up for a large order. Frank goes to his supplier Milo (Zlatko Buric, reprising his role in the original), an avuncular sort who pushes baklava in space sprinkled with wedding-cake-like gowns. Frank already owe him money and can’t cover the heroin’s cost, but this is a business built on trust, as fragile as it is, and Milo likes him, so he goes along, provided Frank returns the money immediately. Those tenuous ties of understanding are tested when cops bust Frank and Marlon and the former must dump the dope in a park pond. He refuses to give up his connections to the cops but finds that the loyalty of others is being tested when it comes to threats, cash, and even love. Prieto is a more self-consciously lyrical moviemaker than Refn, choosing to a vaguely Trainspotting-style cocktail of lite surrealism and slightly cheesy low-budg effects like vapor-trail headlights to replicate the highs and lows of Frank’s joyless clubland hustle. Still, he makes us feel Frank’s stress, amid the fatalistic undertow of the narrative, and his sense of betrayal when Pusher’s players turn, despite a smalltime pusher’s workman efforts to shore up against the odds. (1:29) Presidio. (Chun)

Question One Question One goes behind the scenes of the 2009 campaign concerning the referendum which reversed legislature granting same-sex couples the right to marry in Maine. The film investigates both sides of the story, including marriage dreams of queer families and confessions of regret from the appointed leader for the Yes on One Campaign, Marc Mutty. Though listening to preachers and activists devalue love between two men or two women might make you cringe, the inclusion of these moments creates an emotionally tense experience that will remind you how important it is to bounce back from defeat. It shows that the next step will have to be more than just rallying voters, it will require a change in ideology — an understanding that gays who wish to marry deserve equal rights, not religious salvation. As Darlene Huntress, the director of field operations for the No on One Campaign says, “I want to sit down and break bread with these people. I want to sit down and say get to know me — open your mind up enough to get to know me.” (1:53) Vogue. (Molly Champlin)

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

Silent Hill: Revelation 3D Game of Thrones reunion! Sean Bean and Kit Harington both star in this video game adaptation, which may be its only bragging point. (1:34)

Wake in Fright See “Points Of No Return.” (1:54) Opera Plaza, Shattuck. 

Ongoing

Alex Cross (1:41) 1000 Van Ness, SF Center, Shattuck.

Argo If you didn’t know the particulars of the 1979 Iranian Revolution, you won’t be an expert after Argo, but the film does a good job of capturing America’s fearful reaction to the events that followed it — particularly the hostage crisis at the US embassy in Tehran. Argo zeroes in on the fate of six embassy staffers who managed to escape the building and flee to the home of the sympathetic Canadian ambassador (Victor Garber). Back in Washington, short-tempered CIA agents (including a top-notch Bryan Cranston) cast about for ways to rescue them. Enter Tony Mendez (Ben Affleck, who also directs), exfil specialist and father to a youngster wrapped up in the era’s sci-fi craze. While watching 1973’s Battle for the Planet of the Apes, Tony comes up with what Cranston’s character calls “the best bad idea we have:” the CIA will fund a phony Canadian movie production (corny, intergalactic, and titled Argo) and pretend the six are part of the crew, visiting Iran for a few days on a location shoot. Tony will sneak in, deliver the necessary fake-ID documents, and escort them out. Neither his superiors, nor the six in hiding, have much faith in the idea. (“Is this the part where we say, ‘It’s so crazy it just might work?'” someone asks, beating the cliché to the punch.) Argo never lets you forget that lives are at stake; every painstakingly forged form, every bluff past a checkpoint official increases the anxiety (to the point of being laid on a bit thick by the end). But though Affleck builds the needed suspense with gusto, Argo comes alive in its Hollywood scenes. As the show-biz veterans who mull over Tony’s plan with a mix of Tinseltown cynicism and patiotic duty, John Goodman and Alan Arkin practically burst with in-joke brio. I could have watched an entire movie just about those two. (2:00) Four Star, Marina, 1000 Van Ness, SF Center, Sundance Kabuki. (Eddy)

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

Bel Borba Aqui “The People’s Picasso” and “Brazil’s Pied Piper of Street Art” are both apt descriptions of veteran artist Bel Borba, who has spent decades bringing color and imagination to the streets of Salvador — his seaside hometown, and a place already graced with the nickname “Brazil’s Capital of Happiness.” It’s not a stretch to imagine that Borba’s commitment to public art (a giant Christmas tree made of plastic Coke bottles, a rhinoceros sculpture crafted from old boat planks, hundreds of large-scale mosaics, even a painted airplane) has done its share to lift spirits. Bel Borba Aqui isn’t the sort of doc to delve into its mustachioed subject’s history or personal life (despite a few angry cell phone conversations randomly captured along the way); instead, it’s much like Borba himself — freewheeling and spontaneous, and most alive when it’s showing art being created. Great soundtrack, too. (1:34) Roxie. (Eddy)

The Dark Knight Rises Early reviews that called out The Dark Knight Rises’ flaws were greeted with the kind of vicious rage that only anonymous internet commentators can dish out. And maybe this is yet another critic-proof movie, albeit not one based on a best-selling YA book series. Of course, it is based on a comic book, though Christopher Nolan’s sophisticated filmmaking and Christian Bale’s tortured lead performance tend to make that easy to forget. In this third and “final” installment in Nolan’s trilogy, Bruce Wayne has gone into seclusion, skulking around his mansion and bemoaning his broken body and shattered reputation. He’s lured back into the Batcave after a series of unfortunate events, during which The Dark Knight Rises takes some jabs at contemporary class warfare (with problematic mixed results), introduces a villain with pecs of steel and an at-times distractingly muffled voice (Tom Hardy), and unveils a potentially dangerous device that produces sustainable energy (paging Tony Stark). Make no mistake: this is an exciting, appropriately moody conclusion to a superior superhero series, with some nice turns by supporting players Gary Oldman and Joseph Gordon-Levitt. But in trying to cram in so many characters and plot threads and themes (so many prisons in this thing, literal and figural), The Dark Knight Rises is ultimately done in by its sprawl. Without a focal point — like Heath Ledger’s menacing, iconic Joker in 2008’s The Dark Knight — the stakes aren’t as high, and the end result feels more like a superior summer blockbuster than one for the ages. (2:44) Metreon. (Eddy)

Diana Vreeland: The Eye Has to Travel The life of legendary fashion editor Diana Vreeland is colorfully recounted in Diana Vreeland: The Eye Has to Travel, a doc directed by her granddaughter-in-law, Lisa Immordino Vreeland. The family connection meant seemingly unlimited access to material featuring the unconventionally glamorous (and highly quotable) Vreeland herself, plus the striking images that remain from her work at Harper’s Bazaar, Vogue, and the Costume Institute of the Metropolitan Museum of Art. “Narrated” from interview transcripts by an actor approximating the late Vreeland’s husky, posh tones, the film allows for some criticism (her employees often trembled at the sight of her; her sons felt neglected; her grasp of historical accuracy while working at the museum was sometimes lacking) among the praise, which is lavish and delivered by A-listers like Anjelica Huston, who remembers “She had a taste for the extraordinary and the extreme,” and Manolo Blahnik, who squeals, “She had the vision!” (1:26) Embarcadero. (Eddy)

End of Watch Buddy cop movies tend to go one of two ways: the action-comedy route (see: the Rush Hour series) or the action-drama route. End of Watch is firmly in the latter camp, despite some witty shit-talking between partners Taylor (a chrome-domed Jake Gyllenhaal) and Zavala (Michael Peña from 2004’s Crash) as they patrol the mean streets of Los Angeles. Writer-director David Ayer, who wrote 2001’s Training Day, aims for authenticity by piecing together much of (but, incongruously, not all of) the story through dashboard cameras, surveillance footage, and Officer Taylor’s own ever-present camera, which he claims to be carrying for a school project, though we never once see him attending classes or mentioning school otherwise. Gyllenhaal and Peña have an appealing rapport, but End of Watch’s adrenaline-seeking plot stretches credulity at times, with the duo stumbling across the same group of gangsters multiple times in a city of three million people. Natalie Martinez and Anna Kendrick do what they can in underwritten cop-wife roles, but End of Watch is ultimately too familiar (but not lawsuit-material familiar) to leave any lasting impression. Case in point: in the year 2012, do we really need yet another love scene set to Mazzy Star’s “Fade Into You”? (1:49) 1000 Van Ness, SF Center. (Eddy)

Fat Kid Rules the World It really does suck to be Troy (Jacob Wysocki from 2011’s Terri). An XXL-sized high schooler, he’s invisible to his peers, derided by his little brother (Dylan Arnold), and has lived in general domestic misery since the death of his beloved mother under the heavy-handed rule of his well-meaning but humorless ex-military dad (Billy Campbell). His only friends are online gamers, his only girlfriends the imaginary kind. But all that begins to change when chance throws him across the path of notorious local hellraiser Marcus (Matt O’Leary), who’s been expelled from school, has left the band he fronts, and is equal parts rebel hero to druggy, lyin’ mess. But he randomly decrees Troy is cool, and his new drummer. Even if he’s just being used, Troy’s world is headed for some big changes. Actor Matthew Lillard’s feature directorial debut, based on K.L. Going’s graphic novel, is familiar stuff in outline but a delight in execution, as it trades the usual teen-comedy crudities (a few gratuitous joke fantasy sequences aside) for something more heartfelt and restrained, while still funny. O’Leary from last year’s overlooked Natural Selection is flamboyantly terrific, while on the opposite end of the acting scale Campbell makes repressed emotion count for a lot — he has one wordless moment at a hospital that just might bring you to the tears his character refuses to spill. (1:38) Metreon, Smith Rafael. (Harvey)

Frankenweenie Tim Burton’s feature-length Frankenweenie expands his 1984 short of the same name (canned by Disney back in the day for being too scary), and is the first black and white film to receive the 3D IMAX treatment. A stop-motion homage to every monster movie Burton ever loved, Frankenweenie is also a revival of the Frankenstein story cute-ified for kids; it takes the showy elements of Mary Shelley’s novel and morphs them to fit Burton’s hyperbolic aesthetic. Elementary-school science wiz Victor takes his disinterred dog from bull terrier to gentle abomination (when the thirsty Sparky drinks, he shoots water out of the seams holding his body parts together). Victor’s competitor in the school science fair, Edgar E. Gore, finds out about Sparky and ropes in classmates to scrape up their dead pets from the town’s eerily utilized pet cemetery and harness the town’s lightning surplus. The film’s answer to Boris Karloff (lisp intact) resurrects a mummified hamster, while a surrogate for Japanese Godzilla maker Ishiro Honda, revives his pet turtle Shelley (get it?) into Gamera. As these experiments aren’t borne of love, they don’t go as well at Victor’s. If you love Burton, Frankenweenie feels like the at-last presentation of a story he’s been dying to tell for years. If you don’t love him, you might wonder why it took him so long to get it out. When Victor’s science teacher leaves the school, he tells Victor an experiment conducted without love is different from one conducted with it: love, he implies, is a variable. If that’s the variable that separates 2003’s Big Fish (heartbreaking) from 2010’s Alice In Wonderland (atrocious), it’s a large one indeed. The love was there for 29 minutes in 1984, but I can’t say it endures when stretched to 87 minutes 22 years later. (1:27) Balboa, Metreon, 1000 Van Ness. (Vizcarrondo)

Here Comes the Boom The makers of September’s Won’t Back Down might quibble with this statement, but the rest of us can probably agree that nothing (with the possible exception of Trapper Keepers) says “back to school” like competitive steel-cage mixed martial arts — particularly if the proceeds from the matches go toward saving extracurriculars at a down-at-the-heels public high school. Kevin James plays Scott Voss, a 42-year-old biology teacher at the aforementioned school, whose lack of vocational enthusiasm is manifested by poor attendance and classroom observations about how none of what the students are learning matters. He’s jolted from this criminally subpar performance of his academic duties, however, when budget cuts threaten the school’s arts programs, including the job of an earnest and enthusiastic music teacher (Henry Winkler) whose dedication Scott lazily admires. It seems less than inevitable that this state of affairs would lead to Scott’s donning his college wrestling singlet and trundling into the ring to get pummeled and mauled for cash, but it seems to work better than a bake sale. Less effective and equally unconvincing are Scott’s whiplash arc from bad apple to teacher-of-the-year; a percolating romance between him and the school nurse, played by Salma Hayek; and the script’s tortuous parade of rousing statements celebrating the power of the human spirit, seemingly cribbed from a page-a-day calendar of inspirational quotes. (1:45) 1000 Van Ness, SF Center. (Rapoport)

Hotel Transylvania (1:32) Metreon, 1000 Van Ness, Shattuck.

The House I Live In Much like he did in 2005’s Why We Fight, filmmaker Eugene Jarecki identifies a Big Issue (in that film, the Iraq War) and strips it down, tracing all of the history leading up to the current crisis point. Here, he takes on America’s “war on drugs,” which I put quotes around not just because it was a phrase spoken by Nixon and Reagan, but also because — as The House I Live In ruthlessly exposes — it’s been a failure, a sham, since its origins in the late 1960s. Framing his investigation with the personal story of his family’s housekeeper — whose dedication to the Jarecki family meant that she was absent when her own son turned to drugs — and enfolding a diverse array of interviews (a sympathetic prison guard, addicts and their families, The Wire’s David Simon) and locations (New York City, Sioux City), Jarecki has created an eye-opening film. Particularly well-explained are segments on how drug laws correlate directly to race and class, and how the prison-industrial complex has played a part in making sure those laws remain as strict as possible. (1:48) Shattuck, Sundance Kabuki. (Eddy)

Looper It’s 2044 and, thanks to a lengthy bout of exposition by our protagonist, Joe (Joseph Gordon-Levitt), here’s what we know: Time travel, an invention 30 years away, will be used by criminals to transport their soon-to-be homicide victims backward, where a class of gunmen called loopers, Joe among them, are employed to “do the necessaries.” More deftly revealed in Brick writer-director Rian Johnson’s new film is the joylessness of the world in which Joe amorally makes his way, where gangsters from the future control the present (under the supervision of Jeff Daniels), their hit men live large but badly (Joe is addicted to some eyeball-administered narcotic), and the remainder of the urban populace suffers below-subsistence-level poverty. The latest downside for guys like Joe is that a new crime boss has begun sending back a steady stream of aging loopers for termination, or “closing the loop”; soon enough, Joe is staring down a gun barrel at himself plus 30 years. Being played by Bruce Willis, old Joe is not one to peaceably abide by a death warrant, and young Joe must set off in search of himself so that—with the help of a woman named Sara (Emily Blunt) and her creepy-cute son Cid (Pierce Gagnon)—he can blow his own (future) head off. Having seen the evocatively horrific fate of another escaped looper, we can’t totally blame him. Parsing the daft mechanics of time travel as envisioned here is rough going, but the film’s brisk pacing and talented cast distract, and as one Joe tersely explains to another, if they start talking about it, “we’re gonna be here all day making diagrams with straws” —in other words, some loops just weren’t meant to be closed. (1:58) 1000 Van Ness, Piedmont, SF Center, Sundance Kabuki. (Rapoport)

The Master Paul Thomas Anderson’s much-hyped likely Best Picture contender lives up: it’s easily the best film of 2012 so far. Philip Seymour Hoffman stars as Lancaster Dodd, the L. Ron Hubbard-ish head of a Scientology-esque movement. “The Cause” attracts Freddie Quell (Joaquin Phoenix, in a welcome return from the faux-deep end), less for its pseudo-religious psychobabble and bizarre personal-growth exercises, and more because it supplies the aimless, alcoholic veteran — a drifter in every sense of the word — with a sense of community he yearns for, yet resists submitting to. As with There Will Be Blood (2007), Anderson focuses on the tension between the two main characters: an older, established figure and his upstart challenger. But there’s less cut-and-dried antagonism here; while their relationship is complex, and it does lead to dark, troubled places, there are also moments of levity and weird hilarity — which might have something to do with Freddie’s paint-thinner moonshine. (2:17) Albany, 1000 Van Ness, Sundance Kabuki. (Eddy)

Middle of Nowhere All the reasons why movie publicist turned filmmaker Ava DuVernay scored the best director award at the Sundance Film Festival are up here on the screen. Taking on the emotionally charged yet rarely attempted challenge of picturing the life of the loved one left behind by the incarcerated, DuVernay furthers the cause of telling African American stories — she founded AaFFRM (African-American Film Festival Releasing Movement) and made her directorial debut with 2008 LA hip-hop doc This Is The Life — with Middle of Nowhere. Medical student Ruby (the compelling Emayatzy Corinealdi) appears to have a bright future ahead of her, when her husband Derek (Omari Hardwick) makes some bad choices and is tossed into maximum security prison for eight long years. She swears she’ll wait for him, putting her dreams aside, making the long bus ride out to visit him regularly, and settling for any nursing shift she can. How will she scrape the money together to pay the lawyer for Derek’s parole hearing, cope with the grinding disapproval of her mother (Lorraine Toussaint), support the increasingly hardened and altered Derek, and most importantly, discover a new path for herself? All are handled with rare empathy and compassion by DuVernay, who is rewarded for her care by her cast’s powerful performances. Our reward might be found amid the everyday poetry of Ruby’s life, while she wraps her hair for bed, watches Ali: Fear Eats the Soul (1974), and fantasizes about love in a life interrupted. (1:41) Shattuck. (Chun)

Paranormal Activity 4 (1:21) Metreon, 1000 Van Ness, Presidio.

The Perks of Being a Wallflower Move over, Diary of a Wimpy Kid series — there’s a new shrinking-violet social outcast in town. These days, life might not suck quite so hard for 90-pound weaklings in every age category, what with so many films and TV shows exposing, and sometimes even celebrating, the many miseries of childhood and adolescence for all to see. In this case, Perks author Stephen Chbosky takes on the directorial duties — both a good and bad thing, much like the teen years. Smart, shy Charlie is starting high school with a host of issues: he’s painfully awkward and very alone in the brutal throng, his only friend just committed suicide, and his only simpatico family member was killed in a car accident. Charlie’s English teacher Mr. Andersen (Paul Rudd) appears to be his only connection, until the freshman strikes up a conversation with feline, charismatic, shop-class jester Patrick (Ezra Miller) and his magnetic, music- and fun-loving stepsister Sam (Emma Watson). Who needs the popular kids? The witty duo head up their gang of coolly uncool outcasts their own, the Wallflowers (not to be confused with the deeply uncool Jakob Dylan combo), and with them, Charlie appears to have found his tribe. Only a few small secrets put a damper on matters: Patrick happens to be gay and involved with football player Brad (Johnny Simmons), who’s saddled with a violently conservative father, and Charlie is in love with the already-hooked-up Sam and is frightened that his fragile equilibrium will be destroyed when his new besties graduate and slip out of his life. Displaying empathy and a devotion to emotional truth, Chbosky takes good care of his characters, preserving the complexity and ungainly quirks of their not-so-cartoonish suburbia, though his limitations as a director come to the fore in the murkiness and choppily handled climax that reveals how damaged Charlie truly is. (1:43) Balboa, California, Embarcadero, Piedmont, Presidio, Sundance Kabuki. (Chun)

Pitch Perfect As an all-female college a cappella group known as the Barden Bellas launches into Ace of Base’s “The Sign” during the prologue of Pitch Perfect, you can hear the Glee-meets-Bring It On elevator pitch. Which is fine, since Bring It On-meets-anything is clearly worth a shot. In this attempt, Anna Kendrick stars as withdrawn and disaffected college freshman Beca, who dreams of producing music in L.A. but is begrudgingly getting a free ride at Barden University via her comp lit professor father. Clearly his goal is not making sure she receives a liberal arts education, as Barden’s academic jungle extends to the edges of the campus’s competitive a cappella scene, and the closest thing to an intellectual challenge occurs during a “riff-off” between a cappella gangs at the bottom of a mysteriously drained swimming pool. When Beca reluctantly joins the Bellas, she finds herself caring enough about the group’s fate to push for an Ace of Base moratorium and radical steps like performing mashups. Much as 2000’s Bring It On coined terms like “cheerocracy” and “having cheer-sex,” Pitch Perfect gives us the infinitely applicable prefix “a ca-” and descriptives like “getting Treble-boned,” a reference to forbidden sexual relations with the Bellas’ cocky rivals, the Treblemakers. The gags get funnier, dirtier, and weirder, arguably reaching their climax in projectile-vomit snow angels, with Elizabeth Banks and John Michael Higgins as grin-panning competition commentators offering a string of loopily inappropriate observations. (1:52) Metreon, 1000 Van Ness. (Rapoport)

Samsara Samsara is the latest sumptuous, wordless offering from director Ron Fricke, who helped develop this style of dialogue- and context-free travelogue with Koyaanisqatsi (1982) and Baraka (1992). Spanning five years and shooting on 70mm film to capture glimmers of life in 25 countries on five continents, Samsara, which spins off the Sanskrit word for the “ever-turning wheel of life,” is nothing if not good-looking, aspiring to be a kind of visual symphony boosted by music by the Dead Can Dance’s Lisa Gerrard and composers Michael Stearns and Marcello De Francisci. Images of natural beauty, baptisms, and an African woman and her babe give way to the madness of modern civilization — from jam-packed subways to the horrors of mechanized factory farming to a bizarre montage of go-go dancers, sex dolls, trash, toxic discarded technology, guns, and at least one gun-shaped coffin. After such dread, the opening and closing scenes of Buddhist spirituality seem almost like afterthoughts. The unmistakable overriding message is: humanity, you dazzle in all your glorious and inglorious dimensions — even at your most inhumane. Sullying this hand wringing, selective meditation is Fricke’s reliance on easy stereotypes: the predictable connections the filmmaker makes between Africa and an innocent, earthy naturalism, and Asia and a vaguely threatening, mechanistic efficiency, come off as facile and naive, while his sonic overlay of robot sounds over, for instance, an Asian woman blinking her eyes comes off as simply offensive. At such points, Fricke’s global leap-frogging begins to eclipse the beauty of his images and foregrounds his own biases. (1:39) Opera Plaza, Shattuck. (Chun)

Searching for Sugar Man The tale of the lost, and increasingly found, artist known as Rodriguez seems to have it all: the mystery and drama of myth, beginning with the singer-songwriter’s stunning 1970 debut, Cold Fact, a neglected folk rock-psychedelic masterwork. (The record never sold in the states, but somehow became a beloved, canonical LP in South Africa.) The story goes on to parse the cold, hard facts of vanished hopes and unpaid royalties, all too familiar in pop tragedies. In Searching for Sugar Man, Swedish documentarian Malik Bendjelloul lays out the ballad of Rodriguez as a rock’n’roll detective story, with two South African music lovers in hot pursuit of the elusive musician — long-rumored to have died onstage by either self-immolation or gunshot, and whose music spoke to a generation of white activists struggling to overturn apartheid. By the time Rodriguez himself enters the narrative, the film has taken on a fairy-tale trajectory; the end result speaks volumes about the power and longevity of great songwriting. (1:25) Opera Plaza, Shattuck. (Chun)

Seven Psychopaths Those nostalgic for 1990s-style chatty assassins will find much to love in the broadly sketched Seven Psychopaths. Director-writer Martin McDonough already dipped a pen into Tarantino’s blood-splattered ink well with his 2008 debut feature, In Bruges, and Seven Psychopaths reads as larkier and more off-the-cuff, as the award-winning Irish playwright continues to try to find his own discomfiting, teasing balance between goofy Grand Guignol yuks and meta-minded storytelling. Structured, sort of, with the certified lucidity of a thrill killer, Seven Psychopaths opens on Boardwalk Empire heavies Michael Pitt and Michael Stuhlbarg bantering about the terrors of getting shot in the eyeball, while waiting to “kill a chick.” The talky twosome don’t seem capable of harming a fat hen, in the face of the Jack of Spades serial killer, who happens to be Psychopath No. One and a serial destroyer of hired guns. The key to the rest of the psychopathic gang is locked in the noggin of screenwriter Marty (Colin Farrell), who’s grappling with a major block and attempting the seeming impossible task of creating a peace-loving, Buddhist killer. Looking on are his girlfriend Kaya (Abbie Cornish) and actor best friend Billy (Sam Rockwell), who has a lucrative side gig as a dog kidnapper — and reward snatcher — with the dapper Hans (Christopher Walken). A teensy bit too enthusiastic about Marty’s screenplay, Billy displays a talent for stumbling over psychos, reeling in Zachariah (Tom Waits) and, on his doggie-grabbing adventures, Shih Tzu-loving gangster Charlie (Woody Harrelson). Unrest assured, leitmotifs from McDonough plays — like a preoccupation with fiction-making (The Pillowman) and the coupling of pet-loving sentimentality and primal violence (The Lieutenant of Inishmore) — crop up in Seven Psychopaths, though in rougher, less refined form, and sprinkled with a nervous, bromantic anxiety that barely skirts homophobia. Best to bask in the cute, dumb pleasures of a saucer-eyed lap dog and the considerably more mental joys of this cast, headed up by dear dog hunter Walken, who can still stir terror with just a withering gaze and a voice that can peel the finish off a watch. (1:45) Marina, Metreon, 1000 Van Ness, Piedmont, Sundance Kabuki. (Chun)

Simon and the Oaks Despite being gripping or heartwarming at times, Simon and the Oaks, based on the novel by Marianne Fredricksson, fails to cohere, serving as another reminder of the perennial dilemma of converting literature to film. It tells the story of Simon (Bill Skarsgard — son of Stellan, younger brother of Alexander), a boy coming of age in World War II Sweden. He befriends Isak, son of a Jewish bookkeeper who fled Nazi Germany, and their families become close when Isak’s father nurtures Simon’s love of books and Isak begins to heal his emotional scars by diving into carpentry work with Simon’s father. The moments of true human compassion between the two families begin to falter as the story jumps around to follow Simon’s search for love and identity. More missteps: Simon’s discovery of classical music is conveyed via a series of “artsy” montages, and his brief affair with a fiery Auschwitz victim — problematic, to say the least. (2:02) Albany, Clay. (Molly Champlin)

Sinister True-crime author Ellison Oswalt (Ethan Hawke) hasn’t had a successful book in a decade. So he uproots wife (Juliet Rylance) and kids (Michael Hall D’Addario, Clare Foley) for yet another research project, not telling them that they’re actually moving into the recent scene of a ghastly unsolved murder in which an entire family — save one still-missing child — was hanged from a backyard tree. He finds a box in the attic that somehow escaped police attention, its contents being several reels of Super 8 home movies stretching back decades — all of families similarly wiped out in one cruel act. Smelling best-sellerdom, Ellison keeps this evidence of a serial slayer to himself. It’s disturbing when his son re-commences sleepwalking night terrors. It’s really disturbing when dad begins to spy a demonic looking figure lurking in the background of the films. It’s really, really disturbing when the projector starts turning itself on, in the middle of the night, in his locked office. A considerable bounce-back from his bloated 2008 Day the Earth Stood Still remake, Scott Derrickson’s film takes the opposite tact — it’s very small in both physical scope and narrative focus, almost never leaving the Oswalt’s modest house in fact. He takes the time to let pure creepiness build rather than feeling the need to goose our nads with a false scare or goresplat every five minutes. As a result, Sinister is definitely one of the year’s better horrors, even if (perhaps inevitably) the denouement can’t fully meet the expectations raised by that very long, unsettling buildup. (1:50) Metreon, 1000 Van Ness. (Harvey)

Smashed A heartbreaking lead performance from Mary Elizabeth Winstead drives this tale of a marriage tested when one partner decides to get sober. And it’s time: after an epic night of boozing, first-grade teacher Kate (Winstead) pukes in front of her class, then lies and says she’s pregnant, not anticipating the pushy delight of the school’s principal (Megan Mullally). Plus, Kate’s gotten into the habit of waking up in strange, unsafe places, not really remembering how she stumbled there in the first place. Husband Charlie (Breaking Bad’s Aaron Paul) sees no reason to give up partying; he’s a music blogger whose “office” is the home his wealthy parents bought for the couple, and his problem isn’t quite as unmanageable as hers (at least, we never see him peeing in a convenience store). After Kate joins AA, she realizes she’ll have to face her problems rather than drinking them away — a potentially clichéd character arc that’s handled without flashy hysterics by director and co-writer (with Susan Burke) James Ponsoldt, and conveyed with grace and pain by Winstead —an actor probably best-known for playing Ramona Flowers in 2010’s Scott Pilgrim vs. the World, but just now revealing the scope of her talent. (1:25) Opera Plaza, Shattuck. (Eddy)

Tai Chi Zero A little boy dubbed “the Freak” for the curious, horn-like growth on his forehead grows up to be Lu Chan (Jaydan Yuan), who becomes a near-supernatural martial arts machine when the horn is punched, panic-button style. But activating the “Three Blossoms of the Crown,” as it’s called, takes a toll on the boy’s health, so he’s sent to the isolated Chen Village to learn their signature moves, though he’s repeatedly told “Chen-style kung fu is not taught to outsiders!” Stephen Fung’s lighthearted direction (characters are introduced with bios about the actors who play them, even the split-second cameos: “Andrew Lau, director of the Infernal Affairs trilogy”), affinity for steampunk and whimsy, engagement of Sammo Hung as action director, and embracing of the absurd (the film’s most-repeated line: “What the hell?”) all bring interest to this otherwise pretty predictable kung-fu tale, with its old-ways-versus-Western-ways conflict and misfit hero. Still, there’s something to be said for batshit insanity. (Be warned, though: Tai Chi Zero is the first in a series, which means one thing: it ends on a cliffhanger. Argh.) (1:34) Metreon. (Eddy)

Taken 2 Surprise hit Taken (2008) was a soap opera produced by French action master Luc Besson and designed for export. The divorced-dad-saves-daughter-from-sex-slavery plot may have nagged at some universal parenting anxieties, but it was a Movie of the Week melodrama made on a major movie budget. Taken 2 begins immediately after the last, with sweet teen Kim (Maggie Grace) talking about normalizing after she was drugged and bought for booty. Papa Neeson sees Kim’s mom (Famke Janssen) losing her grip on husband number two and invites them both to holiday in Istanbul following one of his high-stakes security gigs. When the assistant with the money slinks him a fat envelope, Neeson chuckles at his haul. This is the point when women in the audience choose which Neeson they’re watching: the understated super-provider or the warrior-dad whose sense of duty can meet no match. For family men, this is the breeziest bit of vicarious living available; Neeson’s character is a tireless daddy duelist, a man as diligent as he is organized. (This is guy who screams “Victory loves preparation!”) As head-splitting, disorienting, and generally exhausting as the action direction is, Neeson saves his ex-wife and the show in a stream of unclear shootouts. Taken 2 is best suited for the small screen, but whatever the size, no one can stop an international slave trade (or wolves, or Batman) like 21st century Liam. Swoon. (1:31) Metreon, 1000 Van Ness, Sundance Kabuki. (Vizcarrondo)

The Waiting Room Twenty-four hours in the uneasy limbo of an ER waiting room sounds like a grueling, maddening experience, and that’s certainly a theme in this day-in-the-life film. But local documentarian Peter Nicks has crafted an absorbing portrait of emergency public health care, as experienced by patients and their families at Oakland’s Highland Hospital and as practiced by the staff there. Other themes: no insurance, no primary care physician, and an emergency room being used as a medical facility of first, last, and only resort. Nicks has found a rich array of subjects to tell this complicated story: An anxious, unemployed father sits at his little girl’s bedside. Staffers stare at a computer screen, tracking a flood of admissions and the scarce commodity of available beds. A doctor contemplates the ethics of discharging a homeless addict for the sake of freeing up one of them. And a humorous, ultra-competent triage nurse fields an endless queue of arrivals with humanity and steady nerves. (1:21) Shattuck, Sundance Kabuki. (Rapoport) 

 

Move on, Mr. Mayor

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EDITORIAL San Francisco politics hasn’t been this tense in years — and it’s not just because of the upcoming election. The battle over Mayor Lee’s attempt to oust Sheriff Ross Mirkarimi has left bitter divisions at City Hall and in communities all over town. And the mayor is only making things worse.

In an odd way — and we say odd because it was so expensive and a misuse of mayoral power — the system worked. Mirkarimi, who had a physical altercation with his wife that left a bruise on her arm, took responsibility and pled guilty to a misdemeanor; he’s now on probation and undergoing counseling.

After the mayor decided to invoke a rarely used Charter provision and suspend Mirkarimi without pay, the Ethics Commission held hearings, conducted and extensive inquiry and voted to uphold the charges, with the chair, Benjamin Hur, strongly dissenting. Every one of the commissioners raised thoughtful points; several poked big holes in the mayor’s case.

Then the Board of Supervisors met — and again, the members carefully considered Mirkarimi’s actions, the language and history of the City Charter, the prevailing law, and the facts of the case. There was remarkably little political grandstanding; we listened to the entire meeting, lasting more than seven hours, and were left with the impression that the supervisors took their job seriously, weighed the case, forced the City Attorney’s Office, representing the mayor, and Mirkarimi’s defense team, to justify their arguments, and rendered a ruling.

Nine votes were needed to remove the sheriff; that’s appropriate for such a profound sanction. Only seven supervisors sided with the mayor, and the four who rejected the charges had excellent, well-stated and credible reasons.

That’s the way the Charter outlined this process playing out, and in the end, the mayor lacked the overwhelming consensus he would have needed to use his executive authority to remove from office someone duly chosen by the voters. It’s done; it’s over. Most of the city would like to move on.

That’s not to say that Mirkarimi should be celebrating. He did an inexcusable thing. Domestic violence advocates have every right to be unhappy with his actions — and nobody, nobody in town should condone his behavior. He’s not denying it, either; he accepted the criminal consequences and will now have to demonstrate that he’s able to do his job.

But the mayor won’t move on. Mirkarimi sent him a note asking for a meeting, and Lee hasn’t responded. That shows a lack of leadership — and a lack of the civility that the mayor promised us when he took office. Ed Lee started this political process, and now that it’s over, he should be leading the effort to pull the city back together, to recognize that there were valid arguments on both sides of this case and his didn’t prevail — and to stop the demonization of people who didn’t agree with him.

Drunks, drugs, kung fu, and rock ‘n’ roll: just another week at the movies

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This week, get thee to the Roxie for “Not Necessarily Noir III” (Dennis Harvey’s preview here), or the wind-whipped moors for Andrea Arnold’s brutal new Wuthering Heights (my chat with Arnold here). Other new stuff we haven’t reviewed yet: the not-screened-for-critics-because-let’s-face-it-these-movies-are-critic-proof Paranormal Activity 4, and Tyler Perry’s first Madea-free enterprise in some time, Alex Cross.

Read on for more new reviews!

Bel Borba Aqui “The People’s Picasso” and “Brazil’s Pied Piper of Street Art” are both apt descriptions of veteran artist Bel Borba, who has spent decades bringing color and imagination to the streets of Salvador — his seaside hometown, and a place already graced with the nickname “Brazil’s Capital of Happiness.” It’s not a stretch to imagine that Borba’s commitment to public art (a giant Christmas tree made of plastic Coke bottles, a rhinoceros sculpture crafted from old boat planks, hundreds of large-scale mosaics, even a painted airplane) has done its share to lift spirits. Bel Borba Aqui isn’t the sort of doc to delve into its mustachioed subject’s history or personal life (despite a few angry cell phone conversations randomly captured along the way); instead, it’s much like Borba himself — freewheeling and spontaneous, and most alive when it’s showing art being created. Great soundtrack, too. (1:34) Roxie. (Cheryl Eddy)

http://www.youtube.com/watch?v=d-SQ0pgjXm0

Fat Kid Rules the World It really does suck to be Troy (Jacob Wysocki from 2011’s Terri). An XXL-sized high schooler, he’s invisible to his peers, derided by his little brother (Dylan Arnold), and has lived in general domestic misery since the death of his beloved mother under the heavy-handed rule of his well-meaning but humorless ex-military dad (Billy Campbell). His only friends are online gamers, his only girlfriends the imaginary kind. But all that begins to change when chance throws him across the path of notorious local hellraiser Marcus (Matt O’Leary), who’s been expelled from school, has left the band he fronts, and is equal parts rebel hero to druggy, lyin’ mess. But he randomly decrees Troy is cool, and his new drummer. Even if he’s just being used, Troy’s world is headed for some big changes. Actor Matthew Lillard’s feature directorial debut, based on K.L. Going’s graphic novel, is familiar stuff in outline but a delight in execution, as it trades the usual teen-comedy crudities (a few gratuitous joke fantasy sequences aside) for something more heartfelt and restrained, while still funny. O’Leary from last year’s overlooked Natural Selection is flamboyantly terrific, while on the opposite end of the acting scale Campbell makes repressed emotion count for a lot — he has one wordless moment at a hospital that just might bring you to the tears his character refuses to spill. (1:38) (Dennis Harvey)

The House I Live In Much like he did in 2005’s Why We Fight, filmmaker Eugene Jarecki identifies a Big Issue (in that film, the Iraq War) and strips it down, tracing all of the history leading up to the current crisis point. Here, he takes on America’s “war on drugs,” which I put quotes around not just because it was a phrase spoken by Nixon and Reagan, but also because — as The House I Live In ruthlessly exposes — it’s been a failure, a sham, since its origins in the late 1960s. Framing his investigation with the personal story of his family’s housekeeper — whose dedication to the Jarecki family meant that she was absent when her own son turned to drugs — and enfolding a diverse array of interviews (a sympathetic prison guard, addicts and their families, The Wire‘s David Simon) and locations (New York City, Sioux City), Jarecki has created an eye-opening film. Particularly well-explained are segments on how drug laws correlate directly to race and class, and how the prison-industrial complex has played a part in making sure those laws remain as strict as possible. (1:48)  (Cheryl Eddy)

http://www.youtube.com/watch?v=i1vOw9ykpQk

Middle of Nowhere All the reasons why movie publicist turned filmmaker Ava DuVernay scored the best director award at the Sundance Film Festival are up here on the screen. Taking on the emotionally charged yet rarely attempted challenge of picturing the life of the loved one left behind by the incarcerated, DuVernay furthers the cause of telling African American stories — she founded AaFFRM (African-American Film Festival Releasing Movement) and made her directorial debut with 2008 LA hip-hop doc This Is The Life — with Middle of Nowhere. Medical student Ruby (the compelling Emayatzy Corinealdi) appears to have a bright future ahead of her, when her husband Derek (Omari Hardwick) makes some bad choices and is tossed into maximum security prison for eight long years. She swears she’ll wait for him, putting her dreams aside, making the long bus ride out to visit him regularly, and settling for any nursing shift she can. How will she scrape the money together to pay the lawyer for Derek’s parole hearing, cope with the grinding disapproval of her mother (Lorraine Toussaint), support the increasingly hardened and altered Derek, and most importantly, discover a new path for herself? All are handled with rare empathy and compassion by DuVernay, who is rewarded for her care by her cast’s powerful performances. Our reward might be found amid the everyday poetry of Ruby’s life, while she wraps her hair for bed, watches Ali: Fear Eats the Soul (1974), and fantasizes about love in a life interrupted. (1:41) (Kimberly Chun)

http://www.youtube.com/watch?v=80_L_LsOexE

Simon and the Oaks Despite being gripping or heartwarming at times, Simon and the Oaks, based on the novel by Marianne Fredricksson, fails to cohere, serving as another reminder of the perennial dilemma of converting literature to film. It tells the story of Simon (Bill Skarsgard — son of Stellan, younger brother of Alexander), a boy coming of age in World War II Sweden. He befriends Isak, son of a Jewish bookkeeper who fled Nazi Germany, and their families become close when Isak’s father nurtures Simon’s love of books and Isak begins to heal his emotional scars by diving into carpentry work with Simon’s father. The moments of true human compassion between the two families begin to falter as the story jumps around to follow Simon’s search for love and identity. More missteps: Simon’s discovery of classical music is conveyed via a series of “artsy” montages, and his brief affair with a fiery Auschwitz victim — problematic, to say the least. (2:02) (Molly Champlin)

http://www.youtube.com/watch?v=QtT1cKo4RX4

Smashed A heartbreaking lead performance from Mary Elizabeth Winstead drives this tale of a marriage tested when one partner decides to get sober. And it’s time: after an epic night of boozing, first-grade teacher Kate (Winstead) pukes in front of her class, then lies and says she’s pregnant, not anticipating the pushy delight of the school’s principal (Megan Mullally). Plus, Kate’s gotten into the habit of waking up in strange, unsafe places, not really remembering how she stumbled there in the first place. Husband Charlie (Breaking Bad‘s Aaron Paul) sees no reason to give up partying; he’s a music blogger whose “office” is the home his wealthy parents bought for the couple, and his problem isn’t quite as unmanageable as hers (at least, we never see him peeing in a convenience store). After Kate joins AA, she realizes she’ll have to face her problems rather than drinking them away — a potentially clichéd character arc that’s handled without flashy hysterics by director and co-writer (with Susan Burke) James Ponsoldt, and conveyed with grace and pain by Winstead —an actor probably best-known for playing Ramona Flowers in 2010’s Scott Pilgrim vs. the World, but just now revealing the scope of her talent. (1:25) (Cheryl Eddy)

http://www.youtube.com/watch?v=_LSX_UH0F9g

Tai Chi Zero A little boy dubbed “the Freak” for the curious, horn-like growth on his forehead grows up to be Lu Chan (Jaydan Yuan), who becomes a near-supernatural martial arts machine when the horn is punched, panic-button style. But activating the “Three Blossoms of the Crown,” as it’s called, takes a toll on the boy’s health, so he’s sent to the isolated Chen Village to learn their signature moves, though he’s repeatedly told “Chen-style kung fu is not taught to outsiders!” Stephen Fung’s lighthearted direction (characters are introduced with bios about the actors who play them, even the split-second cameos: “Andrew Lau, director of the Infernal Affairs trilogy”), affinity for steampunk and whimsy, engagement of Sammo Hung as action director, and embracing of the absurd (the film’s most-repeated line: “What the hell?”) all bring interest to this otherwise pretty predictable kung-fu tale, with its old-ways-versus-Western-ways conflict and misfit hero. Still, there’s something to be said for batshit insanity. (Be warned, though: Tai Chi Zero is the first in a series, which means one thing: it ends on a cliffhanger. Argh.) (1:34) (Cheryl Eddy)

http://www.youtube.com/watch?v=NWIAjsf9Xq0

The Waiting Room Twenty-four hours in the uneasy limbo of an ER waiting room sounds like a grueling, maddening experience, and that’s certainly a theme in this day-in-the-life film. But local documentarian Peter Nicks has crafted an absorbing portrait of emergency public health care, as experienced by patients and their families at Oakland’s Highland Hospital and as practiced by the staff there. Other themes: no insurance, no primary care physician, and an emergency room being used as a medical facility of first, last, and only resort. Nicks has found a rich array of subjects to tell this complicated story: An anxious, unemployed father sits at his little girl’s bedside. Staffers stare at a computer screen, tracking a flood of admissions and the scarce commodity of available beds. A doctor contemplates the ethics of discharging a homeless addict for the sake of freeing up one of them. And a humorous, ultra-competent triage nurse fields an endless queue of arrivals with humanity and steady nerves. (1:21) (Lynn Rapoport)

Stage Listings

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Stage listings are compiled by Guardian staff. Performance times may change; call venues to confirm. Reviewers are Robert Avila, Rita Felciano, and Nicole Gluckstern. Submit items for the listings at listings@sfbg.com. For further information on how to submit items for the listings, see Picks.

THEATER

OPENING

And That’s What Little Girls Are Made Of Tides Theatre, 533 Sutter, SF; www.whatgirlsaremadeof.com. $20-30. Opens Thu/19, 8pm. Runs Thu-Sat, 8pm; Sun, 2pm. Through Nov 4. Jennifer Wilson’s multimedia play chronicles her attempts to break into the male-dominated world of venture capital funds.

Fat Pig Boxcar Theatre Studio, 125A Hyde, SF; www.brownpapertickets.com. $20. Opens Thu/18, 8pm. Runs Thu-Sat, 8pm. Through Nov 10. Theater Toda presents Neil LaBute’s dark comedy about a man who faces scrutiny from his friends when he falls for a plus-sized woman.

Fierce Love: Stories From Black Gay Life New Conservatory Theatre Center, 25 Van Ness, SF; www.nctcsf.org. $25-37. Previews Wed/17-Thu/18, 8pm. Opens Fri/19, 8pm. Runs Wed-Sat, 8pm; Sun, 2pm. Through Oct 28. Pomo Afro Homos performs a revival of of its 1991 hit about the struggles of African American gay men in America.

BAY AREA

Richard III Live Oak Theatre, 1301 Shattuck, Berk; www.aeofberkeley.org. $12-15. Opens Fri/19, 8pm. Runs Fri-Sat, 8pm. Through Nov 17. Actors Ensemble of Berkeley performs the Shakespeare classic.

Within the Wheel Live Oak Park, 1301 Shattuck, Berk; www.raggedwing.org. Free. Previews Wed/17, 6pm. Opens Thu/18, 6pm. Runs Thu-Sat, 6pm (last entry 7:30pm; special Halloween show Oct 31). Through Nov 3. Ragged Wing Ensemble presents an immersive performance experience inspired by the Tibetan Book of the Dead.

ONGOING

Bound By Blood Boxcar Theatre Playhouse, 505 Natoma, SF; www.ianiroproductions.com. $20. Thu-Sat, 8pm. Through Oct 27. Opening on the heels of ACT’s production of The Normal Heart, local theater-maker Eric Inman’s Bound By Blood also explores the devastating human fallout of the AIDS crisis as experienced by the two families — one of blood relations and one of chosen friends — of a young gay man, whose death affects them all. Appearing onstage both as a ghost and in a series of flashbacks, Justin Walker (played by Inman) deals with his fear of dying by ditching his meds in favor of drink, and his fear of coming out to his conservative family by postponing the inevitable until it’s too late, leaving his friends holding the burden of his inconvenient truth in their unwilling hands. Awkward moments abound as Justin’s buddies ponder the ethics of outing him posthumously, as his mother (Sally Hogarty) and sister (CC Sheldon) bicker incessantly and his erstwhile "beard" Alice (Abigail Edber) pluckily spearheads the funeral planning. This is Inman’s first full-length play, which helps to explain the often-clunky dialogue and under-developed characters that unfortunately obscure the play’s dramatic potential, but the ideals he champions within — tolerance, self-acceptance, integrity, loyalty, love — are ones well worth exploring, even imperfectly. (Gluckstern)

Elect to Laugh Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. Tue, 8pm. Through Nov 6. $15-50. Veteran political comedian Will Durst emphasizes he’s watching the news and keeping track of the presidential race "so you don’t have to." No kidding, it sounds like brutal work for anyone other than a professional comedian — for whom alone it must be Willy Wonka’s edible Eden of delicious material. Durst deserves thanks for ingesting this material and converting it into funny, but between the ingesting and out-jesting there’s the risk of turning too palatable what amounts to a deeply offensive excuse for a democratic process, as we once again hurtle and are herded toward another election-year November, with its attendant massive anticlimax and hangover already so close you can touch them. Durst knows his politics and comedy backwards and forwards, and the evolving show, which pops up at the Marsh every Tuesday in the run-up to election night, offers consistent laughs born on his breezy, infectious delivery. One just wishes there were some alternative political universe that also made itself known alongside the deft two-party sportscasting. (Avila)

The Fifth Element: Live! Dark Room Theater, 2263 Mission, SF; www.darkroomsf.com. Fri-Sat, 8pm. Through Oct 27. Comedic adaptation of the 1997 Luc Besson sci-fi epic.

Foodies! The Musical Shelton Theater, 533 Sutter, SF; www.foodiesthemusical.com. $30-34. Fri-Sat, 8pm (no show Nov 17). Open-ended. AWAT Productions presents Morris Bobrow’s musical comedy revue all about food.

Geezer Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. $30-100. Sat, 8pm; Sun, 7pm. Through Nov 18. Geoff Hoyle’s popular solo show about aging returns.

Love in the Time of Zombies Café Royale, 800 Post, SF; sftheaterpub.wordpress.com. Free ($5 donation suggested). Mon-Tue, 8pm. Through Oct 30. San Francisco Theater Pub performs Kirk Shimano’s "rom-zom-com."

Of Thee I Sing Eureka Theatre, 215 Jackson, SF; www.42ndstmoon.org. $25-75. Wed, 7pm; Thu-Fri, 8pm; Sat, 6pm; Sun, 3pm. Through Oct 21. 42nd Street Moon performs George and Ira Gershwin’s classic political satire.

The Real Americans Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. $25-50. Fri, 8pm; Sat, 8:30pm. Extended through Oct 27. Dan Hoyle’s hit show, inspired by the people and places he encountered during his 100-day road trip across America in 2009, continues.

Roseanne: Live! Rebel, 1760 Market, SF; www.brownpapertickets.com. $25. Wed, 7 and 9pm (no shows Oct 31). Through Nov 14. Lady Bear, Heklina, D’Arcy Drollinger, and more star in this tribute to the long-running sitcom.

The Scotland Company Exit Theatre, 156 Eddy, SF; www.thunderbirdtheatre.com. $15-25. Thu-Sat, 8pm; Sun, 3pm. Through Oct 27. Thunderbird Theatre Company performs Jake Rosenberg’s new comedy.

Shocktoberfest 13: The Bride of Death Hypnodrome, 575 10th St, SF; www.thrillpeddlers.com. $25-35. Thu-Sat, 8pm. Through Nov 17. Thrillpeddlers’ seasonal assortment of yeasty Grand Guignol playlets is a mixed bag of treats, but it all goes so nicely with the autumnal slink into early nights and dark cravings. Fredrick Whitney’s Coals of Fire is lightly amusing, if far from smoking, as a two-hander about a blind older matron (Leigh Crow) who discovers her young companion (Zelda Koznofski, alternating nights with Nancy French) has been secretly schtupping her husband. I’m a Mummy is a short, not very effective musical interlude by Douglas Byng, featuring the bright pair of Jim Jeske and Annie Larson as Mr. and Mrs., respectively. The titular feature, The Bride of Death, written by Michael Phillis and directed by Russell Blackwood, proves a worthy centerpiece, unfolding an intriguing, well-acted tale about a reporter (Phillis) and his photographer (Flynn DeMarco) arriving at a stormy castle to interview a strangely youthful Grand Guignol stage star (Bonni Suval) making her film debut. After another, this time more rousing musical number, Those Beautiful Ghouls (with music and lyrics by Scrumbly Koldewyn; directed and choreographed by D’Arcy Drollinger), comes the evening’s real high point, The Twisted Pair by Rob Keefe, acted to the bloody hilt by leads Blackwood and DeMarco as the titular duo of scientists driven mad by an experimental batch of ‘crazy’ glue. All of it comes capped, of course, by the company’s signature lights-out spook show. (Avila)

"Strindberg Cycle: The Chamber Plays in Rep" Exit on Taylor, 277 Taylor, SF; www.cuttingball.com. $10-50 (festival pass, $75). Previews Oct 25, 7:30pm and Oct 26, 8pm (part two); Nov 1, 7:30pm and Nov 2, 8pm (part three). Opens Thu/18, 7:30pm (part one); Oct 27, 8pm (part two); and Nov 3, 8pm (part three). Runs Thu, 7:30pm; Fri-Sat, 8pm (also Sat, 2pm); Sun, 5pm. Through Nov 18. Cutting Ball performs a festival of August Strindberg in three parts: The Ghost Sonata, The Pelican and The Black Glove, and Storm and Burned House.

The Waiting Period Marsh San Francisco, 1062 Valencia, SF; www.themarsh.org. $15-50. Thu-Fri, 8pm; Sat, 5pm. Extended through Oct 27. Brian Copeland (comedian, TV and radio personality, and creator-performer of the long-running solo play Not a Genuine Black Man) returns to the Marsh with a new solo, this one based on more recent and messier events` in Copeland’s life. The play concerns an episode of severe depression in which he considered suicide, going so far as to purchase a handgun — the title coming from the legally mandatory 10-day period between purchasing and picking up the weapon, which leaves time for reflections and circumstances that ultimately prevent Copeland from pulling the trigger. A grim subject, but Copeland (with co-developer and director David Ford) ensures there’s plenty of humor as well as frank sentiment along the way. The actor peoples the opening scene in the gun store with a comically if somewhat stereotypically rugged representative of the Second Amendment, for instance, as well as an equally familiar "doood" dude at the service counter. Afterward, we follow Copeland, a just barely coping dad, home to the house recently abandoned by his wife, and through the ordinary routines that become unbearable to the clinically depressed. Copeland also recreates interviews he’s made with other survivors of suicidal depression. Telling someone about such things is vital to preventing their worst outcomes, says Copeland, and telling his own story is meant to encourage others. It’s a worthy aim but only a fitfully engaging piece, since as drama it remains thin, standing at perhaps too respectful a distance from the convoluted torment and alienation at its center. (Avila)

BAY AREA

Acid Test: The Many Incarnations of Ram Dass Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. $15-50. Thu-Fri, 8pm; Sat, 5pm. Through Nov 24. Lynne Kaufman’s new play stars Warren David Keith as the noted spiritual figure.

Assassins Ashby Stage, 1901 Ashby, Berk; www.shotgunplayers.org. $20-30. Wed-Thu, 7pm; Fri-Sat, 8pm; Sun, 5pm. Through Nov 4. Shotgun Players interrupts this season of dreary electoral debates with an important announcement about the country you live in, as the sure and provocative 1990 musical by Stephen Sondheim (music and lyrics) and John Weidman (book) stitches together American history’s odd assortment of successful and failed presidential assassins to explore the darker recesses of the national mythos. Through an eclectic score of deft period-specific songs and the narrative framework of a feverish carnival shooting gallery — overseen by a nefarious proprietor (Jeff Garrett) — a pageant of kooks and rebels parades, beginning with pioneer assassin John Wilkes Booth (an aptly imposing Galen Murphy-Hoffman). He, in turn, acts as a sort of patron saint to those that follow in his footsteps — including Charles Guiteau (Steven Hess), Leon Czolgosz (Dan Saski), Giuseppe Zangara (Aleph Ayin), John Hinckley (Danny Cozart), Sam Byck (Ryan Drummond), Sara Jane Moore (Rebecca Castelli), Squeaky Fromme (Cody Metzger), and of course Lee Harvey Oswald (Kevin Singer, in a part that doubles with that of the Balladeer). Throughout, director Susannah Martin’s strong cast and musical director David Möschler’s lively eight-piece band insure a raucous, thoughtful, and intimate American fever dream. (Avila)

An Iliad Berkeley Repertory Theatre, Roda Theatre, 2015 Addison, Berk; www.berkeleyrep.org. $14.50-77. Opens Wed/17, 8pm. Runs Tue and Thu-Sat, 8pm (also Sat, 2pm); Wed and Sun, 7pm (also Sun, 2pm). Through Nov 11. Berkeley Rep performs Lisa Peterson and Denis O’Hare’s Homer-inspired tale.

The Kipling Hotel: True Misadventures of the Electric Pink ’80s Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. $20-50. Sat, 8:30pm; Sun, 7pm. Extended through Dec 16. This new autobiographical solo show by Don Reed, writer-performer of the fine and long-running East 14th, is another slice of the artist’s journey from 1970s Oakland ghetto to comedy-circuit respectability — here via a partial debate-scholarship to UCLA. The titular Los Angeles residency hotel was where Reed lived and worked for a time in the 1980s while attending university. It’s also a rich mine of memory and material for this physically protean and charismatic comic actor, who sails through two acts of often hilarious, sometimes touching vignettes loosely structured around his time on the hotel’s young wait staff, which catered to the needs of elderly patrons who might need conversation as much as breakfast. On opening night, the episodic narrative seemed to pass through several endings before settling on one whose tidy moral was delivered with too heavy a hand, but if the piece runs a little long, it’s only the last 20 minutes that noticeably meanders. And even with some awkward bumps along the way, it’s never a dull thing watching Reed work. (Avila)

Richard the First: Part One, Part Two, Part Three Berkeley City Club, 2315 Durant, Berk; www.centralworks.org. $14-25. Opens Thu/18, 8pm (part one); Fri/19, 8pm (part two); and Sat/20, 8pm (part three). Runs Thu-Sat, 8pm; Sun, 5pm (three-part marathon Sundays, Nov 11 and 18, 2, 5, 8pm). Through Nov 18. This Central Works Method Trilogy presents a rotating schedule of three plays by Gary Graves about the king known as "the Lionheart."

Sex, Slugs and Accordion Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. $10. Wed, 8pm. Through Nov 14. Jetty Swart, a.k.a. Jet Black Pearl, stars in this "wild and exotic evening of song."

33 Variations TheatreWorks at the Mountain View Center for the Performing Arts, 500 Castro, Mtn View; www.theatreworks.org. $23-73. Tue-Wed, 7:30pm; Thu-Sat, 8pm (also Sat, 2pm); Sun, 2 and 7pm. Through Oct 28. TheatreWorks performs Moisés Kaufman’s drama about a contemporary musicologist struggling to solve one of Beethoven’s greatest mysteries, and a connecting story about the composer himself.

Topdog/Underdog Marin Theatre Company, 397 Miller, Mill Valley; www.marintheatre.org. $36-57. Wed/17, 7:30pm; Thu/18-Sat/20, 8pm (also Sat/20, 2pm); Sun/21, 2 and 7pm. Marin Theatre Company performs Suzan-Lori Parks’ Pulitzer Prize winner about a contentious pair of brothers.

The World’s Funniest Bubble Show Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. $8-50. Sun, 11am; Nov 23-25, 11am. Through Nov 25. Louis "The Amazing Bubble Man" Pearl brings his lighter-than-air show back to the Marsh.

PERFORMANCE/DANCE

Alonzo King LINES Ballet Yerba Buena Center for the Arts Theater, 700 Howard, SF; www.ybca.org. Fri/19-Sat/20 and Oct 24-27, 8pm; Sun, 5pm. Through Oct 28. The company celebrates 30 years with its fall home season.

BATS Improv Bayfront Theater, B350 Fort Mason Center, SF; www.improv.org. Fri, 8pm, through Oct 26: "This Just In!," $20. Sat, 8pm, through Oct 27: "Improvised Horror Musical," $20.

"Comedy Bodega" Esta Noche Nightclub, 3079 16th St, SF; www.comedybodega.com. Thu, 8pm. Ongoing. No cover (one drink minumum). This week: Amy Miller, Kurt Weitzmann, Martini Paratore, and Jessica Sele.

"Comikaze Lounge" Café Royale, 800 Post, SF; www.comikazelounge.com. Wed/17, 8pm. Free. Stand-up with Casey Ley and more.

"Crooked Little Hearts" Dance Mission Theater, 3316 24th St, SF; www.brownpapertickets.com. Fri/19-Sat/20, 8pm. $20. The Ananta Project’s home season includes a world premiere that uses dance to explore the nuances of human intimacy.

"Gravity (and other large things)" NOHspace, 2840 Mariposa, SF; www.performancelab.org. Fri/19-Sat/20, 8pm; Sun/21, 4pm. $12-25. Right Brain Performancelab present this evening-length dance-theater piece.

"Halloween! The Ballad of Michele Myers" CounterPULSE, 1310 Mission, SF; michelemyers2012.eventbrite.com. Fri-Sun and Oct 31, 8pm. Through Oct 31. $25. Drag superstar Raya Light returns in the seasonally-appropriate horror musical.

"The Hula Show 2012" Palace of Fine Arts, 3301 Lyon, SF; www.naheihulu.org. Sat/20 and Oct 26-27, 8pm; Sun/21 and Oct 28, 8pm (children’s matinee Oct 28, noon). $35-90. Na Lei Hulu I Ka Wekiu performs its annual show, featuring a hula satirizing President Obama’s birth certificate controversy.

"Let Us Find the Words" Contemporary Jewish Museum, 736 Mission, SF; www.thecjm.org. Thu/18, 6:30pm; Fri.19, 1pm. Free with museum admission ($5-12). Actors Dominique Frot and Alexander Muheum present a dramatic reading of letters between poets Ingeborg Bachmann and Paul Celan.

"Perverts Put Out: The Election Erection Edition" Center for Sex and Culture, 1369 Mission, SF; www.sexandculture.org. Sat/20, 7:30. $10-20. Dr. Carol Queen and Simon Sheppard host performances by Jen Cross, Greta Cristina, Gina de Vries, and more.

"San Francisco Magic Parlor" Chancellor Hotel Union Square, 433 Powell, SF; www.sfmagicparlor.com. $40. Thu-Sat, 8pm. Ongoing. Magic vignettes with conjurer and storyteller Walt Anthony.

"San Francisco Trolley Dances 2012" 925 Mission, SF; www.epiphanydance.org. Sat/20-Sun/21, tours leave at 11am, 11:45am, 12:30pm, 1:15pm, 2pm, and 2:45pm. Free with Muni fare ($2). Climb aboard Muni for a unique performance experience at this annual event presented by Kim Epifano’s Epiphany Productions.

ShadowLight Theatre St. Cyprian’s Church, 2097 Turk, SF; www.noevalleymusicseries.com. Sat/20, 8pm. $15. Balinese shadow puppet theater with live gamelan accompaniment.

"Smack Dab" Magnet, 4122 18th St, SF; www.magnetsf.org. Wed/17, 8pm. Free. Open mic featuring local authors Belo Cipriani and Jim Provenzano.

"Times Bones" Kanbar Hall, Jewish Community Center of San Francisco, 3200 California, SF; www.mjdc.org. Thu/18-Sat/20, 8pm; Sun/21, 7pm. $18-31. Margaret Jenkins Dance Company previews a new work that will premiere in 2013.

Was Realtor-financed attack ad illegally coordinated with Lee?

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District 1 supervisorial candidate David Lee might have violated election laws prohibiting candidates from coordinating with groups doing independent expenditures after being featured in a pricey attack ad blasting his opponent, incumbent Sup. Eric Mar.

The San Francisco League of Pissed Off Voters yesterday filed a complaint with the Ethics Commission requesting an investigation into illegal coordination between Lee and the Association of Realtors, which produced an ad entitled “Send Mar Back to Mars,” in which Lee appears to have participated in the filming.

“Our concern is that Lee’s campaign has collaborated with the San Francisco Realtors Association in providing footage,” says Fabiana Ochoa, a member of the steering committee for the League.  “That’s really a violation of the law.  It’s a concern this year because we see how national super PACs have an influence on campaigns.”

Lee’s direct fundraising and the allegedly independent expenditures on his behalf this week topped $557,486 – more than any other San Francisco supervisorial campaign in history — prompting the Ethics Commission to again raise the expenditure cap on the public financing in Mar’s race. Lee and his campaign have refused to answer questions about this or other issues. 

“No one has ever seen that kind of spending here in San Francisco.  It’s turned into a challenging and nasty campaign,” Ochoa said.  “It’s a small district but the game has changed.”

Progressive groups — including the League, San Francisco Tenants Union, and Harvey Milk LGBT Democratic Club — are fighting back with a rally scheduled for this Monday at 5pm outside the Realtors Association office at 301 Grove Street. They’re urging participants to bring pots and pans, reminiscent of the group of scowling children who were smeared with dirt and banging pots and pans in the video.   

In an email to the Guardian, the Ethics Commission’s Executive Director John St. Croix said, “The Ethics Commission can not confirm, deny or discuss complaints.” If the Ethics Commission does investigate and finds that Lee knowingly participated in this advertisement, it is unclear what exactly the penalty will be and the District Attorney’s office is not jumping to any conclusions yet. “For now it’s still with the Ethics Commission so we can’t comment on it,” says Stephanie Ong Stillman, press secretary for the D.A.’s office.

In a time when corporations are considered people and wealthy interests have unprecedented political influence in elections, all eyes are on the candidates and how honestly they run their campaigns.  Current San Francisco law prohibits candidates from organizing with independent expenditures like this one.

The ad, which cost $50,000 to make, mocks Mar’s efforts to remove toys from McDonald’s Happy Meals by featuring kids protesting his policies.  The glossy 3 ½ minute commercial is high-quality with Hollywood production value, leaving skeptical viewers wondering if Lee’s cameo was staged and his participation deliberate.   If it was, then Lee also violated laws that ban candidates from accepting campaign contributions exceeding $500.

The Association of Realtors clearly has an interest in David Lee, considering Mar supports tenant rights, and the Tenants Union has make its rally and campaign an effort to “save rent control” and called it a “march on the 1 percent” that is trying to buy the Board of Supervisors and remake San Francisco.

Realtors Association President Jeffery Woo would not discuss the issue when reached by phone.  In an emailed press statement to the Guardian, the Association of Realtors wrote, “ We stand by the facts, and humor, of the video we produced on the election in District 1 and do not plan to remove it from YouTube as it has achieved success in raising important issues in San Francisco.”

The Guardian also reached out to the political media expert who produced the film, Fred Davis, but he did not return our calls. 

Davis, who served as chief media strategist for John McCain’s 2008 presidential campaign, is a Hollywood-based veteran of campaign marketing and has produced some of the most notorious political ads in recent history including the Demon Sheep video for Carly Fiorina’s 2010 GOP senate campaign.  He also created the highly lampooned 2010 ad featuring Delware Senate candidate Christine O’Donnell, who assured viewers that she was “not a witch.” 

Judge for yourself whether Lee participated in the making of this video:

 

Local censored 2012

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BEHIND THE MIRKARIMI CASE

In early January, details from the police investigation of then-Sheriff-elect Ross Mirkarimi bruising his wife’s arm during an argument were leaked to the San Francisco Chronicle and other news outlets. The key piece of evidence was a 45-second video that Mirkarimi’s wife, Eliana Lopez, made with her neighbor, Ivory Madison, displaying the bruise and saying she wanted to document the incident in case of a child custody battle. That video convinced many of Mirkarimi’s guilt, and a majority of Ethics Commissioners say they found it to be the main evidence on which Mirkarimi should be removed from office on official misconduct charges (the Board of Supervisors was scheduled to vote on Mirkarimi’s removal on Oct. 9, after Guardian press time).

But that video was only a small part of the overwhelming and expensive case that Mayor Ed Lee brought against Mirkarimi, including the more serious charges of abuse of power, witness dissuasion, and impeding a police investigation, all of which go more directly to a sheriff’s official duties. All of those charges got lots of media coverage and they helped cement the view of many San Franciscans that Mirkarimi engaged in a pattern of inappropriate behavior, rather than making a big momentary mistake. Yet most of the media coverage during the six months of Ethics Commission proceedings ignored the fact that none of the evidence that was being gathered supported those charges. Indeed, all those charges were unanimously rejected by the commission on Aug. 16, a startling rebuke of Lee’s case but one that was not highlighted in many media reports, which focused on the one charge the commission did uphold: the initial arm grab.

 

 

THE NEXT DOT-BOMB

In the late 1990s, San Francisco was in a very similar place to where it is now. The first dot-com boom was full bloom, driving the local economy and creating countless young millionaires — but also rapidly gentrifying the city and driving commercial and residential rents through the roof (great for the landlords, bad for everyone else). And then, the bubble popped, instantly erasing billions of dollars in speculative paper wealth and leaving this a changed city. The city’s working and creative classes suffered, but the political backlash gave rise to a decade with a progressive majority on the Board of Supervisors.

The era ended in 2010 when Ed Lee was appointed mayor, and he began ambitious agenda of pumping up a new dot-com bubble using tax breaks, public subsidies, and relentless official boosterism to lure more tech companies to San Francisco. Lee has been successful in his approach, in the process driving up commercial rents and housing prices. By some estimates, about 30 percent of the city’s economy is now driven by technology companies.

Yet there have been few voices in the local media raising questions about this risky, costly, and self-serving economic development strategy. The Bay Citizen did a story about Conway’s self interested advice, the New York Times did a front page story raising these issues, and San Francisco Magazine just last month did a long cover story questioning how much tech is enough. But most local media voices have been silent on the issue, and much of the damage has already been done.

 

OLD POWERBROKERS RETURN TO CITY HALL

More than a decade ago, then-Mayor Willie Brown and Chinatown power broker Rose Pak worked together to empower big business, corrupt local politics, and clear the path for rampant development — an approach that progressives on the Board of Supervisors repudiated and slowed from 2000-2010. But Brown, Pak, and a new generation of their allies have returned in power in City Hall, and it’s as bad as it ever was.

Many San Franciscans know of their high-profile role appointing Lee to office in early 2011. But their influence and tentacles have extended far beyond what we read in the papers and watch on television, starting in 2010 when their main political operatives David Ho and Enrique Pearce ran Jane Kim’s supervisorial campaign, beating Debra Walker, a veteran of the fights against Brown’s remaking of the city.

Now, this crew has the run of City Hall, meeting regularly with Mayor Lee and twisting the arms of supervisors on key votes. Pearce and Ho persuaded longtime progressive Christina Olague to co-chair the scandal-plagued Run Ed Run campaign last year, she was rewarded this year with Lee appointing her to the Board of Supervisors. Pearce has been her close adviser, and most of her campaign cash has been raised by Brown and Pak. Even progressive Sup. Eric Mar admits that Pak in raising money for him, a troubling sign of things to come.

 

THE REAL OCCUPY STORY

The Occupy San Francisco camp that was cleared by police last week may have been mostly homeless people. And major news media outlets from the start reported that Occupy was dangerous, filthy, and a civic eyesore.

But last fall, the camps were comprised of a huge variety of people that chose to live part or full time on the streets. Students, people with 9-5 jobs, people with service jobs, and the unemployed were all represented. Wealthy people who lived in the financial districts where camps popped up mixed with working-class people who came from suburbs and small towns. Families came out, welcomed in the “child spaces” set up in many Occupy camps throughout the country. Most camps also boasted libraries, free classes, kitchens, food distribution, and medical tents.

As news media focused on gross-out stories of pee on the streets and graphic descriptions of drunk occupiers, they managed to ignore the complex systems that were built in the camps. Nor did anyone mention that homeless people have the right to protest, too.

Supervisors reinstate Mirkarimi, rejecting Lee’s interpretation of official misconduct

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The Board of Supervisors has voted to reinstate Sheriff Ross Mirkarimi and reject the official misconduct charges that Mayor Ed Lee brought against Mirkarimi for grabbing and bruising his wife’s arm during a New Year’s Eve argument, for now ending an ugly saga that has polarized San Franciscans.

The vote was 7-4, two votes shy of the nine needed to sustain the charges and remove Mirkarimi, who now resumes the position voters elected him to in November with back pay going back to March when Lee suspended him. Sups. Christina Olague, David Campos, John Avalos, and Jane Kim voted in Mirkarimi’s favor, condemning the domestic violence incident but saying that it didn’t meet what is and should be a high and clear standard for overruling the will of voters, a concern also voiced by Sup. Mark Farrell. 

“I do take this job seriously, that we are public policy makers,” said Kim, a lawyer who emphasized their duty to set clear standards for officials during these unprecedented proceedings rather than being swayed by emotional responses to conduct by Mirkarimi that she called “incredibly egregious.”

But for most of the supervisors, that was enough. Sup. Eric Mar, who is in the middle of difficult reelection campaign against the more conservative and well-financed David Lee, said he thought is was important to have “zero tolerance” for domestic violence and his vote was “in the service of justice and a belief it will combat domestic violence.”

Earlier in the hearing, Kim had led the questioning of Deputy City Attorney Sherri Kaiser, whose broad interpretation of official misconduct standards and inability to set clear guidelines troubled Kim, just as it had earlier to Ethics Commission Chair Benedict Hur, the sole vote on that body against removal after it conducted six months worth of hearings.

“I agree with Chairman Hur, I think we need to take the most narrow view of official misconduct,” Kim said, echoing a point that had also been made by Campos, who quoted Hur’s comment from the Aug. 16 hearing where the commission voted 4-1 to recommend removal: “I have a lot of concern about where you draw the line if you don’t relate this to official duties.”

Farrell also shared that concern, which he raised in questioning Kaiser and during the final board deliberations almost seven grueling hours later. 

“I worry a great deal about the potential for abuse in this charter section,” Farrell said, warning this and future mayors to use great caution and restraint before bringing official misconduct charges. Yet he still found that the “totality of the circumstances” warranted removal because Mirkarimi had compromised his ability to be the top law enforcement officer.

Each supervisor expressed what a difficult and joyless decision this was, and even those who supported Mirkarimi strongly condemned his actions and the efforts by some of his supporters to minimize the seriousness of his actions and the need for him to change.

“I have tremendous mixed feelings about Ross Mirkarimi,” Avalos said, noting his many proud progressive accomplishments but adding, “I’ve always seen Ross as someone who has deep flaws….[This saga] offers a chance for personal transformation and I think that’s something Ross really needs to do.”

Mirkarimi seems humbled by the hearing, and the stinging criticism of his former colleagues and his one-time allies in the domestic violence community, and he pledged to work on “regaining their trust” as he tries to embody the city’s long-held value on redemption.

“I appreciate all the comments of by the Board of Supervisors and I hear the message. The next step is mending fences and moving forward,” Mirkarimi said. Later, he told reporters, “We’re absorbing all the comments that were made by the Board of Supervisors. They are my former colleagues and I take it very seriously.”

That need to heal the deep and emotional divide between San Franciscans who see this case in starkly different ways – which was on vivid display during the hours of public testimony – was sounded by several supervisors. “We will need to come together as a city on this,” Board President David Chiu said.

Most of those who spoke during the nearly four hours in public comments favored Mirkarimi and condemned the efforts to remove him as politically motivated, overly judgmental, and setting a dangerous precedent rather than resorting to usual method for removing politicians after a scandal: recall elections.

“If anything happens to the man, it should come back to me to make that decision. Don’t do their dirty work for them,” one commenter said.

The most politically significant person to speak during public comment was former Mayor Art Agnos, who said he was a friend and supporter of Mirkarimi, but he was more concerned with the scary implications of this decision. “I respectfully urge that this Board protect all elected officials from the dangerous discretion used in this case and reinstate Sheriff Ross Mirkarimi.”

Most of those who spoke against Mirkarimi were domestic violence advocates, who were adamant that Mirkarimi be removed, casting it as a litmus test for whether the city takes their issue seriously. “This is a disciplinary proceeding, it is not election stealing,” said Beverly Upton, head of the Domestic Violence Consortium, who has lead the campaign to oust Mirkarimi since the incident was made public.

But the two sides seemed to be speaking past one another, each expressing righteous indignation that people didn’t see the issue like they did, indicating how polarizing these long-lingering proceedings have become and how difficult to heal that rift may be.

“It made my stomach turn to hear some of the comments that were made,” Sup. Carmen Chu said, condemning the actions of Mirkarimi supporters in vocally or visibly supporting one another. “That was wrong, this is not a joyous event.”

Yet Farrell said he was also concerned that Mirkarimi’s opponents would go after supervisors who made a principled stand against removing him. “I hope no one takes pot shots at the people who voted against this,” he said.

That principled stand – condemning Mirkarimi’s behavior but having a high standard for removing an elected official – was a trail blazed by Hur, who opened the hearing by presenting the Ethics Commission’s findings and a decision that he was the sole vote against. He noted the “challenge of my presentation” but made careful efforts to accurately represent the views of the commission majority.

Yet he ended up using almost half of his time at the podium — his allotted 10 minutes plus a few extra minutes to respond to questions from supervisors — to stress the danger of broadly interpreting the city’s official misconduct language and not requiring direct connection to an official’s duties.

“Public policy suggests we should interpret this more narrowly than proposed by the majority,” Hur said, later adding that his colleagues on the commission “did not provide a clear basis for how official misconduct is delineated.”

When Sup. Malia Cohen asked what he meant by the “public policy” interest at stake here, he replied, “The need to have policies that are clear…It does benefit the public when the laws are clear.” (Cohen later voted to remove Mirkarimi, stating with little explanation, “I believe the reading of the charter is narrow and appropriately applied in this case.”)

The issue of what qualifies as official misconduct — and whether there is a predictable way for officials to know where that line is drawn, or whether it’s entirely up to the discretion of mayors — was also highlighted by Kaiser’s long presentation, but probably not in the way she intended.

Kaiser appealed to people’s sense of outrage about the initial arm-grab and subsequent guilty plea — claiming Mirkarimi “attacked his wife” and “this conduct was serious!” — and seemed to think that was an adequate test of whether bad behavior by an elected official warrants his unilateral removal from office.

Kaiser took issue with Hur’s contention that a lack of clear, limiting standards gives too much power to future mayors to remove their political enemies for minor incidents.

“The mayor certainly does not agree with Hur’s argument for a bright line rule,” Kaiser said. She mocked the notion that mayors would abuse this expanded power. “The check on that is the Ethics Commission, and the check on that is this body.” Kaiser’s position was that the statute should be read as broadly as possible and that the process should be trusted to protect against political manipulations.

But Chiu also took issue with that standard, saying “having clarity in the law seems to make sense” and asking Kaiser how officials can know what standards they’re expected to meet.

“I don’t agree and I didn’t mean to convey the standard is murky,” Kaiser replied, but as she tried to elaborate, her standard began to seem ever murkier.

“It depends on the circumstance,” Kaiser said. “But that doesn’t make it too vague to apply. It makes it more nimble.”

A nimble standard might suit mayors just fine, but the idea seemed to bother the supervisors, even Farrell, who told Kaiser that her position “seems to me very contradictory.”

At the end of the hearing, Campos returned to Kaiser’s “nimble” comment as a reason for rejecting that argument and Lee’s charges: “I don’t think the analysis made me comfort. She said the interpretation was nimble, but I don’t know the difference between nimble and vague, and I think they are one in the same.”

“Most cases will be clear, but there are decisions on the periphery,” Kaiser told Farrell during the earlier questioning, not making it clear which category she’d put the Mirkarimi case into.

Kim was the next to try to pin Kaiser down on whether there’s a discernible standard for the city to apply to this and future cases, saying she’d like to see a “bright line rule or a test.” Kaiser said that it depends on the office, but that a law enforcement officer shouldn’t commit a crime.

“Then any misdemeanor the sheriff pleads to is official misconduct, is that right?” Kim asked.

No, she said, the conduct must be while someone is in office — seemingly contradicting her earlier point – and found to be so by the board and commission. But then she said, “It is true that any misdemeanor relates to the duties of a sheriff.”

Kim persisted: “This is where I get stuck. When does it fall below the standard of decency?”

“The charter doesn’t answer that question. It’s a case-by-case determination,” Kaiser said.

“What’s to guide us in the future?” Kim asked.

But again, there was no clear answer, it’s simply for mayors to decide. “It is a discretionary decision,” Kaiser said.

Kim, a lawyer, questioned whether the stance by Kaiser and Lee could lead the courts to strike down the city’s untested statute. “Does that open us up to the vagueness issue, which would make the clause unconstitutional?” Kim asked.

But Kaiser said San Francisco voters wanted to give the mayor wide power to interpret misconduct when they approved the broad new official misconduct language in 1995, part of a complete overhaul of the City Charter.

“Voters made a considered choice to put suspend and remove procedures in the charter,” she said, trying to counter the argument that recall elections should be used to remove elected officials. “These suspension and removal procedure is more nimble. It’s less expensive than a recall.”

Yet with a final price tag expected to be in the millions of dollars and proceedings lasting seven months, it’s debatable whether this process was really cheaper and more nimble.

Mirkarimi attorney David Waggoner began his presentation by saying, “There’s no question that on Dec. 31, 2011, Ross Mirkarimi made a terrible mistake.”

But it was a mistake that Mirkarimi admitted to, accepted the criminal punishment that followed his guilty plea, endured a forced six-month separation from his family, had his job and salary taken from him, was the target of a media and political campaigns that have deeply damaged his reputation, “his entire life’s work was destroyed almost in an instant.” All for pleading to a low-level misdemeanor.

“At the end of the day, the punishment does not fit the crime,” Waggoner said.

He noted that just three elected officials have been removed for official misconduct in the city’s history, each time for serious felonies. But now, it’s being applied to a misdemeanor with arguments that broaden a mayor’s ability to remove political adversaries.

“You must decide whether to uphold or overturn the will of the voters,” Waggoner told the supervisors.

He even took a swipe at the domestic violence advocates who have led the campaign to remove Mirkarimi: “Ironically, the very advocates who should be defending Eliana Lopez have been attacking her.”

Taking over from Waggoner, Mirkarimi’s other attorney, Shepard Kopp, said Mirkarimi had no official duties before taking the oath of office, and the charter makes clear there needs to be connection. “It says misconduct has to occur while an official is in office.”

Kopp also brought the focus back to the precedent in this historic case. “The other problem with the mayor’s position is it doesn’t give you any guidance or future mayors any guidance,” Kopp said, later adding, “To follow the mayor’s position is not workable policy and it doesn’t have any support under the law.”

Supervisors questioned Kopp and Waggoner, but it didn’t seem to reveal any new insights, simply reinforcing their points that official misconduct should be a rarely used tool applied only to serious crimes.

In her final five-minute final rebuttal, rather than letting her co-counsel Peter Keith speak or trying to mitigate some of the damage from her earlier testimony, Kaiser seemed to double-down on her tactic of using emotional arguments rather than addressing legal standards for removal.

She alleged Mirkarimi’s team offered “a theory that domestic violence doesn’t matter if you’re sheriff,” prompting an audible negative reaction from the crowd that Chiu gaveled down. That reaction was even louder and more outraged when Kaiser implied Mirkarimi “threatens the life of a family member.”

Those sorts of characterizations fed much of the crowd’s stated belief that this case was a “political witchhunt” designed to destroy a progressive leader, and the opposition expressed to some domestic violence advocates testimony could be used against the larger progressive community.

But Agnos, who sat in the audience throughout the long hearing, told us the frustration was understandable. “The crowd, after nine months of agony, expressed a lot of emotions, and that is inherent in mass crowds,” he said. “They didn’t mean ill will to the domestic violence community. There was no malevolent intent there.”

Supervisors who voted to reinstate Mirkarimi said they want to make clear their commitment to combating domestic violence. “I worry that this case has set us back because of the tensions around how we responded,” Avalos said.

“I think it’s important that no matter how we feel about this that we come together as a city,” Campos said. “People on both sides have legitimate viewpoints on this issue.”

Former girlfriend defends Mirkarimi

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By Evelyn Nieves

For months, I’ve watched as Ross Mirkarimi has been slandered as a “wife beater”—by the mayor of San Francisco, no less—and vilified in the press based on lies, half-truths and innuendo.  It has been heart-breaking, nauseating, to witness.

I know for a fact that Ross is no abuser. He and I were a couple for eight years. For most of that time, we lived together. Not once did Ross even come close to making me feel unsafe in his presence. He never threatened me. He would walk away or cry “uncle” rather than argue. He simply had no stomach for it.

When the news broke last January that Ross, newly elected as San Francisco’s Sheriff but not yet sworn in, might be arrested on domestic violence charges, I was sure the accusation wouldn’t stick. Not once people knew the facts.

I was naïve.

By now, everyone knows that Ross and his wife, Eliana Lopez, got in an argument in their car on New Year’s Eve. She wanted to take their toddler to her native Venezuela, and Ross, bereft the last time a one-month trip to Venezuela stretched into several, balked. Eliana moved to exit the car and Ross held her, a second too long, causing a bruise. Eliana called a friend and made a videotape of the bruise the next day in case she and Ross ended up in a custody battle. Four days later, without Ross’s wife knowing, the friend called police.

The hell that broke loose is worthy of an Errol Morris documentary. The San Francisco District Attorney, a political opponent, sent four investigators to interview all of Ross’s neighbors. That never happens in a misdemeanor case–it costs too much time and money. Anti-domestic violence advocates began calling for Ross’s head even before he was charged.

We all want to stop abusers in their tracks. But let’s make sure we are properly identifying the abuser.

Early on, in January, the Bay Citizen interviewed me. I expected the other local newspapers to contact me or pick up my quotes, which essentially said that Ross never, ever came close to abusing me. But no reporter from the local dailies that were splashing all kinds of hearsay on their front pages ever contacted me. This even after I contacted them to try to correct falsehoods being reported as fact.

I was fully prepared to testify had Ross’s case gone to trial. I knew facts that would contradict lies made to condemn him.  I still wish the case had gone to trial. But at the time that Ross pled guilty to “false imprisonment”–for turning his car around to go home when the argument threatened to spill out into a restaurant he and his wife planned to enter–his lawyer told me she believed that Ross could not get a fair trial. The last straw was when the judge refused a change of venue.

So Ross pleaded guilty so he could have his wife and son back, end the hysteria and try to go and do his job.

Instead, the mayor used Ross’s guilty plea as an excuse to suspend him without pay—without any due process—starting several more months’ of investigation, interrogation and character assassination at Ethics Commission hearings. And for what? In the end, the five-member Ethics Commission, three of whom are appointed by the Mayor, found Ross guilty of only one charge: grabbing his wife’s arm. One member wondered what the people would say if they decided not to uphold the Mayor’s rash suspension and declaration of “official misconduct.” Well, in the few times that I’ve met with Ross in the last few months, he was stopped everywhere by people of every demographic group. Old, young, progressive, moderate, and of every ethnicity. All wanted to express their support and their contempt for what has happened to him. All blamed politics.

I had not seen Ross much in the years since we parted. I moved to another side of the city, moved in different circles. But, in essence, he has not changed much.

The last time I saw him before this case exploded was before Christmas. On a Saturday morning, Ross was in his District Five supervisor uniform—gray suit, white shirt, wingtips. He had already gone to one neighborhood meeting and was on his way to another, even though his official duties as supervisor were over and he was supposed to be on vacation. I kidded him about this, and he shrugged and said, “Well, you know me.”

I do.  And so I’ll say with confidence that Ross does not deserve what he has endured. He deserves vindication, and the chance to do the job he was elected to do.

Evelyn Nieves is a longtime journalist and former New York Times bureau chief.

The Mirkarimi vote: Will there be some profiles of courage?

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(See the postscript for the Chronicle’s shameful crucifixion coverage of Mirkarimi and a timely, newsworthy oped it refused to run by Mirkarimi’s former girl friend. And how Chronicle columnist Debra Saunders ran the Nieves piece on her blog. Damn good for you, Debra Saunders.)

On Jan. 6, 2011, the Bay Citizen/New York Times broke a major investigative story headlined “Behind-the-Scenes Power Politics: The Making of Ed Lee.” The story by Gerry Shih detailed how then Mayor Gavin Newsom, ex-Mayor Willie Brown, and his longtime political ally Rose Pak orchestrated an “extraordinary political power play” to make Ed Lee the interim mayor to replace Newsom, the lieutenant governor-elect.

The story also outlined the start of a chain of events that leads to the vote by the San Francisco Board of Supervisors on Tuesday on whether Sheriff Ross Mirkarimi keeps his job.

Shih reported that “word had trickled out” that the supervisors had narrowed the list of interim candidates to three—then Sheriff Michael Hennessey, former Mayor Art Agnos, and Aaron Peskin, then chairman of the city’s Democratic party.  But the contenders “were deemed too liberal by Pak, Brown, and Newsom, who are more moderate.”

Over the next 48 hours, Pak, Brown, and the Newsom administration put together the play, “forging a consensus on the Board of Supervisors, outflanking the board’s progressive wing and persuading Lee to agree to become San Francisco’s first Asian-American mayor, even though he had told officials for months that he had no interest in the job,” Shih wrote.

The play was sold on the argument that Lee would be an “interim mayor” and that he would not run for mayor in the November election. The Guardian and others said at the time that the play most likely envisioned Lee saying, or lying, that he would not run for mayor and then, at the last minute, he would run and overpower the challengers as an incumbent with big downtown money behind him.  This is what happened. That is how Ed Lee, a longtime civil servant, became the mayor and that is how the Willie Brown/Rose Pak gang won the day for the PG&E/Chamber of Commerce/big developer bloc and thwarted the progressives.

Let us note that the other three interim candidates would most likely never have done what Lee did and suspend Mirkarimi for pleading guilty to misdemeanor false imprisonment in an arm-bruising incident with his wife Eliana. In fact, Hennessey supported Mirkarimi during the election and still does and says he is fit to do the job of sheriff. 

This was a political coup d’etat worthy of Abe Ruef, the City Hall fixer at the start of the century. “This was something incredibly orchestrated, and we got played,” Sup. John Avalos told Shih. Sup. Chris Daly was mad as hell and he voted for Rose Pak because, he told the Guardian, she was running everything in City Hall anyway. Significantly, the San Francisco Chronicle missed the story and ever after followed the line of its columnist/PG&E lobbyist Willie Brown and Pak by supporting Lee for mayor without much question or properly reporting the obvious power structure angles and plays.

This is the context for understanding a critical part of the ferocity of the opposition to Mirkarimi. As the city’s top elected progressive, he was a politician and force to be reckoned with. His inaugural address as sheriff  demonstrated his creative vision for the department and that he would ably continue the progressive tradition of Richard Hongisto and Hennessey. That annoyed the conservative law enforcement folks. He could be sheriff for a good long time, keep pushing progressive issues from a safe haven, and be in position to run for mayor when the time came. So he was a dangerous character.  

To take one major example, the  PG&E political establishment and others regard him as Public Enemy No. 1. Among other things, he managed as an unpaid volunteer two initiative campaigns during the Willie Brown era. They were aimed at kicking PG&E out of City Hall, enforcing the public power provisions of the federal Raker Act, and bringing  the city’s cheap Hetch Hetchy public power to its residents and businesses for the first time. (See Guardian stories since 1969 on the PG&E/Raker act scandal.)

He then took the public power issue into City Hall when he became a supervisor and aggressively led the charge for the community choice aggregation (cca) project.  His work was validated in the recent 8-3 supervisorial vote authorizing the city to start up a public power/clean energy program. This is the first real challenge ever to PG&E’s private power monopoly.

Significantly, Willie is now an unregistered $200,000 plus a year lobbyist for PG&E. He writes a column for the San Francisco Chronicle promoting, among other things, his undisclosed clients and allies and whacking Mirkarimi and the progressives and their issues on a regular basis.  And he is always out there, a phone call here, an elbow at a cocktail party there, to push his agenda.   The word is that he’s claiming he has the votes to fire Mirkarimi.

The point is that the same forces that put Lee into office as mayor are in large part the same forces behind what I call the political assassination of Mirkarimi.  And so, when the Mirkarimi incident emerged, there was an inexorable  march to assassination. Maximum resources and pressure from the police on Mirkarimi. And then maximum pressure from the District Attorney. And then maximum pressure from the judicial process (not even allowing  a change of venue for the case after the crucifixion media coverage.)  And then Lee calls Mirkarimi “a wife beater” and suspends him with cruel and unusual punishment: no pay for him, his family, his home, nor legal expenses for him or Eliana for the duration.

And then Lee pushes for maximum pressure from the City Attorney and the Ethics Commission to try Mirkarimi and force the crucial vote before the election to put maximum pressure on the supervisors. Obviously, the vote would be scheduled after the election if this were a fair and just process.

Lee, the man who was sold as consensus builder and unifier, has become a polarizer and punisher on behalf of the boys and girls  in the backroom.  

And so the supervisors are not just voting to fire the sheriff.  Mirkarimi, his wife Eliana, and son Theo, 3, have already paid a terrible price and, to their immense credit, have come back together as a family.

The supervisors got played last time and voted for a coup d’etat to make Lee the mayor, rout the progressives, and keep City Hall safe for Willie Brown and Rose Pak and friends.   This time the stakes are clear: the supervisors are now voting on the political assassination of the city’s top elected progressive and it’s once again aimed at helping keep City Hall safe for PG&E, the Chamber, and big developers.

The question is, will there be some profiles of courage this time around? b3

P.S.1  Julian Davis for District 5 supervisor: “Supes mum on sheriff,” read the Sunday Chronicle head. Nobody would say how he/she would vote. And poor Sup. Sean Elsbernd claimed that he would be “holed all Sunday in his office reading a table full of thick binders of official documents related to the case plus a few that he’s prepared for himself containing some case law.”  (Anybody wonder how he’s going to vote? Let’s have a show of hands.)  

The last time I saw Julian Davis he was holding a “Stand with Ross” sign at a Mirkarimi rally on the City Hall steps. With Davis, there would be no second guessing and hand wringing on how he would vote. That’s the problem now with so many neighborhood supervisors who go down to City Hall and vote with Willie and downtown. Davis would be a smart, dependable progressive vote in the city’s most progressive district (5), and a worthy successor to Matt Gonzalez and Ross Mirkarimi. If Davis were on the board now, I’m sure he would stand with Ross and speak for Ross, no ifs, ands, or buts. And his vote might be decisive.  

P.S. 2 The Chronicle’s  shameful crucifixion of Mirkarimi continues  The Chronicle has refused to run a timely and  newsworthy op ed piece from Evelyn Nieves, Mirkarimi’s former girl friend. She  wrote an op ed piece for the Chronicle four days before the Tuesday vote.  Nieves is an accomplished journalist who for several years was the San Francisco bureau chief for the New York Times.  She told me that she was notified Monday morning that the Chronicle didn’t have room for the op ed in Tuesday’s paper. I sent an email to John Diaz, Chronicle editorial page editor, and asked him why the Chronicle couldn’t run her op ed when the paper could run Willie Brown, the unregistered $200,000 plus PG&E lobbyist who takes regular whacks at Mirkarimi, as a regular featured column in its Sunday paper.  No answer at blogtime.

This morning, I opened up the Chronicle to find that the paper, instead of running the Nieves piece today or earlier,  ran an op ed titled “Vote to remove Mirkarmi,” from Kathy Black, executive director of the Casa de las Madres, the non profit group that advocates against domestic violence. It has been hammering Mirkarimi for months. On the page opposite, the Chron ran yet another lead editorial, urging the supervisors to “Take a Stand” and vote for removal because “San Francisco now needs its leaders to lead.” It was as if Willie was not only directing the Chronicle’s news operation but writing its editorials–and getting paid both by PG&E and the Chronicle.  And so the Chronicle started out with shameful crucifixion coverage of  Mirkarimi and then continued the shameful crucifixion coverage up until today. Read Nieves on Ross.

Well, the honor of the Chronicle was maintained by columnist Debra Saunders, virtually the Chroncle’s lone journalistic supporter of Mirkarmi during his ordeal. Many Chronicle staffers are privately supportive of Ross, embarrassed by Willie’s “journalism,” and critical of the way the Chronicle has covered Mirkarimi. Saunders posted the Nieves column her paper refused to print on her Chronicle blog. Damn good for you, Debra Saunders.  

 

 

Supervisors advised against Mirkarimi recusals, essentially removing their gags

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It’s looking increasingly unlikely that any members of the Board of Supervisors will be recused from next week’s big vote on whether to sustain the official misconduct charges against suspended Sheriff Ross Mirkarimi, particularly given an advice letter written today by attorney Scott Emblidge, who is advising the board.

Mirkarimi and his attorneys were hoping some supervisors would admit discussing the case with Mayor Ed Lee or others – particularly Sup. Christina Olague, who is at the center of the controversy about whether Lee committed perjury when he denied, while testifying under oath, ever consulting with any supervisors about the case – and they were disappointed with Emblidge’s advice.

“Scott Emblidge parrots the language of the City Attorney in his recommendation against recusal,” Mirkarimi attorney David Waggoner told us, taking issue with the relationship Emblidge and his firm have with the city and the fact that he also served as legal counsel to the Ethics Commission, some of whose members were unaware of that dual role and expressed concern. “The board must appoint independent counsel.”

In his advice letter, Emblidge did take a similar position to that urged by the City Attorney’s Office, which argued that supervisors are assumed to be politicians who have some relationship with the person that they’re being asked to judge and that analogizing it to a jury in a criminal case isn’t accurate.

“That analogy is misguided. The Charter does not provide for resolution of official misconduct charges by a body unfamiliar with the parties or the facts of the dispute. Rather, it specifically entrusts that decision to the Board of Supervisors, a body composed of individuals who almost certainly would have had dealings with anyone charged with official misconduct,” Emblidge wrote in a letter requested by Board President David Chiu. “Rather than a jury trial, this proceeding is more like an administrative hearing involving employee discipline or other important rights.”

Emblidge said the legal standards indicate that a supervisor must have a financial interest in the decision or be so “personally embroiled” in the case that he/she would have already demonstrated a strong bias or animus against Mirkarimi. And even then, it would be up to a majority vote by the board to excuse a supervisor from the vote.

Such recusal votes are usually mere formalities once a supervisor claims a conflict-of-interest, as then-Sup. Gavin Newsom sometimes did on votes involving landlord-tenant relations. But given that it takes nine of the 11 votes to remove Mirkarimi – with each recusal effectively being a vote in his favor – claims of a conflict will be carefully scrutinized, which Emblidge thinks is appropriate.

“The bar should be high for recusal because of the three-fourths requirement,” Emblidge told the Guardian, making clear that was his personal rather than legal opinion.

The City Attorney’s Office strongly advised the supervisors earlier this year not to discuss the Mirkarimi case with anyone, and they have all heeded that advice and refused to discuss the case with reporters, adding to the drama surrounding a high-profile decision with huge potential long-term ramifications.

Unlike other big decisions, in which supervisors will publicly stake out positions before the vote, often making clear the political dynamics and swing votes, nobody really knows where any of the supervisors stand right now. It’s widely believed that progressive Sups. John Avalos and David Campos – both of whom have unexpectedly easy paths to reelection in November – are the most likely votes for Mirkarimi, with just one more vote needed to reinstate him.

Olague will be in a tough spot politically, torn between supporting the mayor who appointed her and a district that Mirkarimi once represented, where opposition to his removal seems strongest. Ditto with Sup. Jane Kim, a fellow former Green long allied with Mirkarimi, but also someone who backed Lee last year and has ambitions to be the next board president.

This is also a board filled with Ivy League lawyers, and it’s hard to say what aspect of this complex case will draw their focus. Will they side with those who say the decision is simply about showing zero tolerance for domestic violence, or will they share the concerns of Ethics Chair Benedict Hur, who calls this a potentially dangerous precedent that gives too much power to the mayor.

It’s even possible that someone from the board’s conservative bloc of Sups. Sean Elsbernd, Mark Farrell, and Carmen Chu might object to this costly and distracting move by government to go after one individual, making this more about limited government and deferring to voters rather than the fate of an individual for whom they have no particular fondness.

Until now, it’s been difficult to read these tea leaves, but that might be about to change. Emblidge argues that the grounds for recusal are so narrow and restrictive that even if supervisors make public statements about their thoughts on the case, that wouldn’t present a conflict-of-interest that would prevent them from voting on it, particularly now that they’re actively reviewing the record.

So, are we about to start getting some hints from under the dome about how this is going to play out? We’re listening and we’ll let you know.

Qualifying Mirakarimi’s jury

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The San Francisco Board of Supervisors formally received the official misconduct case against suspended Sheriff Ross Mirkarimi Sept. 18, starting the clock on the 30-day deadline that the City Charter provides for the board to take action. Board President David Chiu announced a special meeting to consider the case on Oct. 9 at 2pm. The schedule the board had previous agreed to: a 10-minute presentation by the Ethics Commission, 20 minutes by representatives of Mayor Ed Lee (who brought the case), 20 minutes by Mirkarimi’s side, a five-minute rebuttal by Lee, public comment (which could last for hours), and then deliberation by supervisors.

The drama-before-the-drama will involve what in court would be called jury selection — Mirkarimi’s lawyers want to see if any supervisors should be disqualified from voting.

It’s a critical point: It would take at least nine of the 11 supervisors to remove the sheriff, and that number doesn’t’ change if some are ineligible to vote. So every recusal is, in effect, a vote to save Mirkarimi’s job.

And it’s an open question whether some supervisors should recuse themselves. They’re supposed to be unbiased jurors, and if any of them have discussed the case with the mayor in advance, they might be forced to sit this one out.

Mayor Ed Lee was asked on the witness stand whether he spoke with any supervisors about removing Mirkarimi, and he denied it. But Building Inspection Commissioner Debra Walker said her longtime friend and political ally Sup. Christina Olague told her Lee had sought her input on the decision. Confronted by journalists, Olague denied the charge but said, “I may have to recuse myself from voting on this.”

Another possible recusal from the vote would be Sup. Eric Mar, who just happened to be called as a juror in Mirkarimi’s criminal case — and thus could have been exposed to prejudicial evidence — before those charges were settled with a plea bargain. There have also been rumors that Board President David Chiu spoke with Lee about Mirkarimi at some point.

Last month, Mirkarimi lawyer David Waggoner told the board that he wanted each supervisor to declare whether he or she has spoken with anyone about Mirkarimi, but the legal team is proceeding cautiously, wary of offending the supervisors who will now decide the fate of their former colleague.

“We’re going to respectfully ask each member of the board to state under oath who they’ve talked to about the case,” Waggoner told us.

Normally, jurors would be extensively questioned during the voir dire process, and those who had served on an elected body with a defendant for years would almost certainly be removed from the jury pool, which seems to have been the case with Mar’s disqualification on the criminal case. But that’s just one more example of how this unprecedented process is anything but normal, with city officials basically making up the rules as they go along.

The case for reinstating Mirkarimi

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EDITORIAL We know for a fact that on New Year’s Eve, 2011, Ross Mirkarimi, the elected but unsworn sheriff of San Francisco, had a physical altercation with his wife that left her with a bruised arm. We know she later complained about that bruise on a video lasting less than a minute. Beyond that, nobody except Mirkarimi and Eliana Lopez knows exactly what happened; there were no witnesses except the couple’s three-year-old son, no video taken during the fight, no audio recordings — nothing.

We know that Mirkarimi agreed to plead guilty to misdemeanor false imprisonment — although we also know there was never any evidence that he actually imprisoned anyone.

That’s all we really know about the incident that has set off an expensive, drawn-out, political and legal battle that could change the city’s politics for years to come. If the whole thing seems a little overblown, that’s because it is.

There is nothing in the record that justifies Mayor Ed Lee’s move to suspend Mirkarimi, and nothing that would justify the supervisors voting to remove him from office. In fact, a removal vote would set a dangerous precedent for future mayors in a city that already gives its chief executive far too much power.

Let us examine the three main reasons why the board needs to vote to restore the elected sheriff.

1. If you believe Eliana Lopez, there’s no case.

The only person other than Mirkarimi who can honestly and accurately testify about the events of New Year’s eve is Lopez — and she has been clear, consistent, and convincing in her account.

Lopez acknowledges that she and her husband have had marital issues, that Mirkarimi wasn’t as supportive or her and their young son as he should have been, that he was away from home and working when she should have been sharing domestic duties. She was considering divorce — but was worried that Mirkarimi might gain custody of their boy.

She testified under oath before the Ethics Commission that Mirkarimi was never someone who “beats his wife” (to use Lee’s utterly inappropriate terminology). He had no history of domestic violence with her.

What he did was grab her arm during an argument, leaving a bruise. Inexcusable, but hardly a sign of serious assault. In fact, Lopez testified that she bruises so easily that just playing around with three-year-old Theo can leave marks on her.

Lopez testified that she made the video to use as a tool — a bargaining chip, so to speak — if Mirkarimi ever sought to gain custody of their son. She said she believed that her neighbor, Ivory Madison, who made the video, was a lawyer and that the video would be protected by attorney-client confidentiality. She said she never wanted to go to the police and never felt physically threatened by her husband.

The mayor charged Mirkarimi with attempting to dissuade witnesses and interfere with a police investigation, but those charges were based almost entirely on the testimony of Madison, whose rambling 22-page statement was so full of hearsay that the Ethics Commission tossed almost all of it. There was absolutely no evidence of witness tampering, and those claims were dismissed.

In fact, the only reason the commission recommended removal is the fact that Mirkarimi bruised his wife and pled to a misdemeanor — one that everyone knows he didn’t really commit. Remember: It’s legal, and common, in misdemeanor cases to plead to something you never did to avoid facing trial on more serious charges.

There’s no principled way to accept as credible the testimony of Lopez and still vote to remove the sheriff. If she’s telling the truth — and we believe her — the case should end right there.

2. Mirkarimi was chosen by the voters, and the voters can freely remove him.

Ross Mirkarimi was elected in November, 2011, with a clear majority in a contested race. The state Constitution provides an excellent remedy for replacing an elected official who has lost the confidence of the voting public; it’s called the recall. With a fraction of the effort that’s been spent on this case, people who feel Mirkarimi should no longer serve as sheriff could have collected signatures and forced an election.

The City Charter gives the mayor extraordinary authority — we would say too much authority — to unilaterally suspend an elected official and seek removal. That’s a power that should be wielded only in the most extreme cases, with great deference to the will of the voters.

Lee did no investigation before filing official misconduct charges. He based those charges on unsubstantiated claims, most of which were proven false. There’s a dangerous precedent here: If Mayor Ed Lee can suspend without pay Sheriff Ross Mirkarimi on such limited evidence, the ability of future mayors to misuse this power could be alarming. And remember: There is nothing in the Charter that allows anyone to suspend or seek removal of the mayor.

3. This case mangles “official misconduct.”

There’s another dangerous element to this case, and it’s not just a legal technicality. The New Year’s Eve incident occurred before Mirkarimi took the oath of office; on that day, he wasn’t the sheriff of San Francisco. He was a supervisor.

It’s hard to claim he was guilty of “official misconduct” on a day when he had no official duties. A fascinating, but unsigned analysis by somebody who clearly has a strong legal background is posted on the web (rjemirkarimi.blogspot.com). It notes:

“If the Supervisors approve what the Ethics Commission did on August 16, they will be handing a powerful new political weapon to all mayors, present and future. Good mayors may never misuse it, but other mayors might. No longer will such a mayor be limited to examining an opponent’s conduct while in office. He will have carte blanche and a strong motive to look farther back in time for personal misconduct that occurred before his opponent took office, and to use what he finds to suspend his opponent without pay and remove him from office — all while claiming (as undoubtedly he will) to be engaged in a noble pursuit of truth and justice.”

Let’s be serious: There have been San Francisco mayors with a long record of vindictive politics, or seeking any method possible to punish their enemies. There may well be again. Do we really want to have this case — this weak case driven more by politics than reason and evidence — set the precedent for the grave step of overriding the voters and removing an elected official?

Any of these three reasons ought to be grounds to vote against the mayor’s charges. Together, they make a sound enough case that it’s hard to imagine how the supervisors, sitting as a fair and impartial jury, could come to any conclusion other than returning Mirkarimi to office. We recognize that there are political implications, that Mirkarimi’s foes will target anyone who votes to support him. And just as it’s hard for some politicians to appear “soft on crime,” it’s nearly impossible to survive in San Francisco if you’re considered “soft on domestic violence.” But anyone who doesn’t want tough choices shouldn’t run for public office. It will take courage to do the right thing here — and in the end, that’s what should matter.

Perjury charges don’t look so good for the mayor

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The Chron doesn’t think it’s important, but there’s some serious evidence in today’s Ex that the mayor wasn’t entirely forthcoming when he testified before the Ethics Commission. The declarations from Debra Walker and Aaron Peskin are attached at the end of the story; they’re worth reading.

Walker is very straightforward: She says she’s friends with Sheriff Ross Mirkarimi and his wife, Eliana Lopez. She’s also been close friends with Sup. Christina Olague:

Ms. Olague and I often got together for coffee or movies, and we talked often about land-use issues. I wrote a letter of support for Ms. Olague to Mayor Lee, asking him to appoint her as supervisor. At her request, I loaned her a painting to hang in her office when she took office.

All of that is consistent with what I’ve heard about their friendship, and it doesn’t sound like Walker was ever out to get Olague or to put her in a bad situation.

Then Walker  explains that during the week of March 6, she was talking to Olague and complained about the Mirkarimi case. “She said the mayor had asked her about the case when they were talking about other issues, and had asked her for her thoughts.”

The declaration goes on a bit, with plenty of backup to the idea that Olague and Lee had discussed how to deal with the sheriff. Which doesn’t surprise me — I have heard from other prominent people in the city that Lee reached out to them for advice on whether to suspend Mirkarimi.

But it’s a problem for two reasons. One is that Olague, sitting as a judge in this case, isn’t supposed to have talked to anyone else about it — certainly not the prosecuting authority, the mayor.

The other is that Lee denied under oath that he had talked to any of the supervisors about the case.

Debra Walker isn’t a fan of Ed Lee, but she would have had to go to considerable lengths to create this level of fiction. It rings honest to me, particularly when she notes that “on June 29, 2012, at 2:10 pm, I received a phone message from Supervisor Olague saying ‘Debra, the converstaion never happened.'”

Look: This is a sworn statement, made under penalty of perjury. So either Walker’s lying and guilty of perjury, or the mayor is. Which seems more likely?

Ditto for the Peskin declaration, which includes dates, times, places, and specific messages. Again: Did Peskin go out of his way to perjury himself — or did the mayor fail to tell the truth on the stand?

This is now part of the case, like it or not: The credibility of the mayor is one of the issues at hand — and more important, if Lee talked to Olague he probably talked to others. Who would then have to recuse themselves.

Supervisors set Oct. 9 to decide Mirkarimi’s fate

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The San Francisco Board of Supervisors officially received the official misconduct case against suspended Sheriff Ross Mirkarimi yesterday, starting the clock on the 30-day deadline that the City Charter provides for that body to take action. Board President David Chiu announced a special meeting to consider the case on Oct. 9 at 2pm.

“The last day the Board of Supervisors can act on this is Oct. 17,” Chiu told his colleagues yesterday, reiterating the schedule the board had previous agreed to: a 10-minute presentation by the Ethics Commission, 20 minutes by representatives of Mayor Ed Lee (who brought the case), 20 minutes by Mirkarimi’s side, a five-minute rebuttal by Lee, public comment (which could last for hours), and then deliberation by supervisors.

In addition, attorneys for both sides have until Sept. 25 to submit any legal briefs they want the supervisors to consider, and Mirkarimi’s attorneys are expected to raise objections to an Ethics Commission summary they considered “one-sided,” as well as getting into the issue of whether Lee committed perjury during his sworn testimony in June.

It takes at least nine of the 11 supervisors to remove Mirkarimi, and there is an open question about whether some supervisors should recuse themselves from voting because of conflicts-of-interest, which would essentially count the same as a vote in Mirkarimi’s favor.

Lee was asked on the witness stand whether he spoke with any supervisors about removing Mirkarimi, which he denied. But Building Inspection Commissioner Debra Walker said her longtime friend and political ally Sup. Christina Olague told her Lee had sought her input on the decision. Confronted by journalists, Olague denied the charge but said, “I may have to recuse myself from voting on this.”

Lee was also asked whether he tried to get Mirkarimi a city job in exchange for his resignation, which Lee denied, but former Sup. Aaron Peskin has said that permit expediter and Lee ally Walter Wong (who has refused to answer questions from the media) extended that offer through him, which Mirkarimi didn’t accept. The Ethics Commission refused to consider the perjury allegations, calling them beyond its purview, but Mirkarimi attorney David Waggoner said he plans to submit sworn declarations by Peskin and Walker to the supervisors.

Another possible recusal from the vote would be Sup. Eric Mar, who just happened to be called as a juror in Mirkarimi’s criminal case before it was settled with a plea bargain. There have also been rumors that Board President David Chiu spoke with Lee about Mirkarimi at some point. Last month, Waggoner told the board that he wanted each supervisor to declare whether they have spoken with anyone about Mirkarimi, but their team is proceeding cautiously and wary of offending the supervisors who will now decide the fate of their former colleague.

“We’re going to respectfully ask each member of the board to state under oath who they’ve talked to about the case,” Waggoner told us.

Normally, jurors would be extensively questioned during the voir dire process, and those who had served on an elected body with a defendant for years would almost certainly be removed from the jury pool, which seems to have been the case with Mar’s disqualification on the criminal case. But that’s just one more example of how this unprecedented process is anything but normal, with city officials basically making up the rules as they go along.

Mirkarimi’s wife and alleged victim, Eliana Lopez, has consistently maintained that she was never abused, except by city officials who have sabotaged and humiliated her family and taken away its livelihood. She told the Guardian that the thin charges in this case shouldn’t warrant the removal of an elected official: “You can have different opinions about Ross’s behavior, and people can have different opinions about that, but the people of San Francisco should decide who represents them.”

Lopez said she’s been dismissed and mistreated by Lee, the Ethics Commission, and domestic violence advocates: “These self-appointed white women that are part of the Domestic Violence Consortium are doing everything they can to attack me and insult me while claiming to help me, and never once reaching out to me.”

But she said that she’s hopeful the supervisors will resist political pressure during an emotionally charged election season and do the right thing: “What we need from the supervisors is brave and honest supervisors. The people of San Francisco need that.”

Beyond the video

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steve@sfbg.com

The Board of Supervisors received the official misconduct case against suspended Sheriff Ross Mirkarimi this week, with a majority of Ethics Commission members urging supervisors to give more weight to the 45-second video that started this sordid saga than the voluminous record they have compiled at great expense over five months of hearings.

Yet Chair Benedict Hur, the commission’s sole vote against finding that Mirkarimi committed official misconduct, last month argued that supervisors shouldn’t take such a narrow view of this decision, expressing concern about the “dangerous precedent” of removing an elected official for conduct unrelated to his job.

Ironically, Hur will be the one presenting the commission’s case to the board later this month, a decision his colleagues made because the other options weren’t good and because they said he has been so knowledgeable and fair-minded through the process. While Hur is likely to play it straight, the supervisors will have an opportunity to elicit his true perspective — raising questions that will be central to the sheriff’s future.

Will supervisors see their decision as a matter of showing zero tolerance for even minor acts of domestic violence, as Mayor Ed Lee and some women’s groups are urging? Or will they see this as governmental overkill in pursuing a punishment that doesn’t fit the crime, overturning an election and giving mayors too much power to go after their political rivals?

Is this just about Mirkarimi and his actions, or are there larger, more important principles involved in this unprecedented decision?

In the video, Mirkarimi’s wife, former Venezuelan soap opera star Eliana Lopez, displays a small bruise on her right bicep and tearfully tells the neighbor who filmed it, Ivory Madison, that Mirkarimi caused it the previous day, Dec. 31, and “this is the second time this is happening.” She also said that she wants to work on the marriage, but that, “I’m going to use this just in case he wants to take [her son] Theo away from me.”

Lopez last month spent more than three hours on the witness stand being grilled by Deputy City Attorney Peter Keith and Ethics commissioners, explaining why she made the video and how she believed Madison was an attorney and their conversations were confidential. She repeatedly insisted that she was not a victim of domestic violence and criticizing city officials and prosecutors for persecuting her family and taking away her husband’s livelihood.

There was nothing in the testimony that obviously impeached Lopez or hurt her credibility. To many observers -– particularly Mirkarimi supporters, who made up the vast majority of those giving public comments to the commission -– her testimony marked the moment when the city’s case began to unravel. Indeed, on Aug. 16 the commissioners voted unanimously to reject most of the charges that Lee filed, including witness dissuasion, abuse of authority, and impeding the police investigation.

In the end, there was just that video, and commissioners on Sept. 11 added a final statement into the record that they believed it more than anything Lopez has said since then. Even Hur said that he found it compelling, and that more may have happened on Dec. 31 than Lopez and Mirkarimi have admitted.

But there really isn’t much evidence to support that belief, and Hur said in August that it shouldn’t matter anyway. If the city’s vague and untested official misconduct language can apply to low-level misdemeanors unrelated to an official’s duties, he said, “we are opening this provision up to abuse down the road.”

 

Ethics Commission rejects Mirkarimi delay request

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The Ethics Commission – in a decision made by Chair Benedict Hur, to whom the commission had given the authority to make procedural decisions – today rejected a request by attorneys for suspended Sheriff Ross Mirkarimi to delay transfer of his official misconduct case to the Board of Supervisors until after the Nov. 6 election.

Mirkarimi’s attorneys argued that the decision has been overly politicized during the election season, with supervisorial challengers turning the decision into a litmus test and interest groups polling voters on whether they would be more likely to reject supervisors who voted for reinstating Mirkarimi. The City Charter requires the board to act within 30 days of receiving the official record from Ethics, which will probably happen early next week.

“The fate of the sheriff has been made a key political issue in the election by the media, candidates, consultants, mayoral appointees to commissions, and others. Sending the record to the Board immediately prior to an election deprives the Sheriff of a neutral decision-maker, as guaranteed by the Due Process clauses of the 5th and 14th Amendments,” attorney David Waggoner wrote to the commission on Sept. 10, attaching eight articles and campaign pieces linking the Mirkarimi decision to the supervisorial races.

But Hur disagreed. “There is no evidence suggesting that any member of the Board of Supervisors will disregard the facts and the law and instead vote to sustain the charges based upon perceived political pressure,” he wrote. Actually, he argued that “granting the Sheriff’s request would cause the Commission to engage in the type of political maneuvering that it seeks to avoid. The commission will not manipulate the timing of the Board’s decision in a misguided attempt to predict the nadir of public pressure on the Supervisors.”

Mirkarimi told the Guardian that he was disappointed by the decision, noting that it was Mayor Ed Lee’s piling on of excessive charges that the commission found no evidence to support that have delayed the board’s deliberations until the height of the election season. “This is so vividly and transparently political.”