Crime

The Year in Film: Guardian critics on 2010’s best!

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Dennis Harvey’s Top 20 of 2010

Note: because this was generally such a crap year, a “best” list seemed too much of a stretch. Ergo this is a Top 20 list, in no particular order, of films I enjoyed most one way or the other (The Killer Inside Me, Everyone Else, and I Spit on Your Grave definitely representing the other). No doubt The King’s Speech, The Social Network, and several other currently awards-baiting titles have finer qualities than some here, but they’re not what I’d gladly watch again right now.

Fish Tank (Andrea Arnold, UK/Netherlands)
The Tillman Story (Amir Bar-Lev, USA)
The Killer Inside Me (Michael Winterbottom, USA/Sweden/UK/Canada)
The Desert of Forbidden Art (Tchavdar Georgiev and Amanda Pope, Russia/UK/Uzbekistan)
Mother (Bong Joon-ho, South Korea)
City Island (Raymond De Felitta, USA)
OSS 177: Lost in Rio (Michel Hazanavicius, France)
Daddy Longlegs (Ben Safdie and Joshua Safdie, USA/France)
The Kids Are All Right (Lisa Cholodenko, USA)
Let It Rain (Agnès Jaoui, France)

http://www.youtube.com/watch?v=G18Y-S8YrQ0

Anton Chekhov’s The Duel (Dover Koshashvili, USA)
Everyone Else (Maren Ade, Germany)
Babies (Thomas Balmès, France)
Prodigal Sons (Kimberly Reed, USA)
I Spit on Your Grave (Steven R. Monroe, USA)
Life During Wartime (Todd Solondz, USA)
Get Him to the Greek (Nicholas Stoller, USA)
MacGruber (Jorma Taccone, USA)
Genius Within: The Inner Life of Glenn Gould (Michèle Hozer and Peter Raymont, Canada)
[rec] 2 (Jaume Balagueró and Paco Plaza, Spain)

http://www.youtube.com/watch?v=bE_X2pDRXyY

Cheryl Eddy’s Top 10 of 2010

(1) Winter’s Bone (Debra Granik, USA)
(2) Fish Tank (Andrea Arnold, UK/Netherlands)
(3) Black Swan (Darren Aronofsky, USA)
(4) The Social Network (David Fincher, USA)
(5) True Grit (Ethan Coen and Joel Coen, USA)
(6) The Two Escobars (Jeff Zimbalist and Michael Zimbalist, Colombia/USA)
(7) The Tillman Story (Amir Bar-Lev, USA)
(8) The Ghost Writer (Roman Polanski, France/Germany/UK)
(9) Scott Pilgrim vs. the World (Edgar Wright, USA/UK/Canada)
(10) Toy Story 3 (Lee Unkrich, USA)

http://www.youtube.com/watch?v=cm-mfxOiUXI

Jesse Hawthorne Ficks’ top films of 2010

Jesse Hawthorne Ficks teaches Film History at the Academy of Art University and curates-hosts the film series “Midnites for Maniacs,” which emphasizes dismissed, underrated and overlooked films in a neo-sincere way.

(1) Meek’s Cutoff (Kelly Reichardt, USA)
(2) Another Year (Mike Leigh, UK)
(3) Alamar (Pedro González-Rubio, Mexico)
(4) Sweetgrass (Ilisa Barbash and Lucien Castaing-Taylor, France/UK/USA)
(5) Winter’s Bone (Debra Granik, USA) and True Grit (Ethan Coen and Joel Coen, USA)
(6) The Last Exorcism (Daniel Stamm, USA/France)
(7) Tiny Furniture (Lena Dunham, USA) and The Freebie (Katie Aselton, USA)
(8) Somewhere (Sofia Coppola, USA) and Daddy Longlegs (Ben Safdie and Joshua Safdie, USA/France)
(9) Shutter Island (Martin Scorsese, USA) and Blue Valentine (Derek Cianfrance, USA)
(10) White Material (Claire Denis, France/Cameroon)
(11) Life During Wartime (Todd Solondz, USA)
(12) Machete (Ethan Maniquis and Robert Rodriguez, USA)
(13) 127 Hours (Danny Boyle, USA/UK) and Buried (Rodrigo Cortés, Spain/USA/France)
(14) Trash Humpers (Harmony Korine, USA/UK/France) and Jackass 3D (Jeff Tremaine, USA)
(15) Cyrus (Jay Duplass and Mark Duplass, USA) and Greenberg (Noah Baumbach, USA)
(16) Scott Pilgrim vs. the World (Edgar Wright, USA/UK/Canada)
(17) Uncle Boonmee Who Can Recall His Past Lives (Apichatpong Weerasethakul,
Thailand/UK/Germany/France/Spain)

bonus round…

(18) You Will Meet a Tall Dark Stranger (Woody Allen, UK) and Film Socialism (Jean Luc Godard, France)
(19) Please Give (Nicole Holofcener, USA)
(20) Boxing Gym (Frederick Wiseman, USA)

http://www.youtube.com/watch?v=2fnojZw54ls

Louis Peitzman’s Top 10 of 2010

(1) The Social Network (David Fincher, USA)
(2) Blue Valentine (Derek Cianfrance, USA)
(3) Inception (Christopher Nolan, tk)
(4) Rabbit Hole (John Cameron Mitchell, tk)
(5) Black Swan (Darren Aronofsky, USA)
(6) Toy Story 3 (Lee Unkrich, USA)
(7) The Kids Are All Right (Lisa Cholodenko, USA)
(8) Never Let Me Go (Mark Romanek, UK/USA)
(9) Joan Rivers: A Piece of Work (Ricki Stern and Anne Sundberg, USA)
(10) The Ghost Writer (Roman Polanski, France/Germany/UK)

http://www.youtube.com/watch?v=Jk-EoUb0nvg

Max Goldberg’s Top Films of 2010

The Autobiography of Nicolae Ceausescu (Andrei Ujica, Romania)
Boxing Gym (Frederick Wiseman, USA)
Cold Weather (Aaron Katz, USA)
Foreign Parts (Verena Paravel and J.P. Sniadecki, USA)
In the Shadows (Thomas Arslan, Germany)
The Oath (Laura Poitras, USA)
The Social Network (David Fincher, USA)
Uncle Boonmee Who Can Recall His Past Lives (Apichatpong Weerasethakul,
Thailand/UK/Germany/France/Spain)
You Are All Captains (Olivier Laxe, Spain/France)
Wednesday Morning Two A.M. (Lewis Klahr, USA)/Union (Paul Clipson,
USA)/Pastourelle (Nathaniel Dorsky, USA)

Kimberly Chun’s Top 11 of 2010

True grit, girl style: Winter’s Bone (Debra Granik, USA), Easy A (Will Gluck, USA)
True camp, with a heaving side of eye candy: Black Swan (Darren Aronofsky, USA), Enter the Void (Gaspar Noe, France/Germany/Italy)
Indie family comedies for adults: Cyrus (Jay and Mark Duplass, USA), The Kids Are All Right, (Lisa Cholodenko, USA), Tiny Furniture (Lena Dunham, USA)
Indie crime family that eats its young: Animal Kingdom (David Michod, Australia)
Indie entrepreneurs run amok: The Social Network (David Fincher, USA)
“Made it, ma! Top o’ the world!” — border-crossing crime stories: A Prophet (Jacques Audiard, France/Italy, 2009), Carlos (330-minute version, Olivier Assayas, France/Germany)

Ma seeks to ban raves in latest War on Fun offensive

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Someone needs to tell Assembly member Fiona Ma that the ’90s – with its myopic War on Drugs mentality, ascendant rave scene, and chest-beating “tough on crime” political one-upsmanship – are over, even though we’re still paying that era’s bills. Because Ma just introduced AB 74, which seeks to bans raves in California.

Why now? Well, her website says this “historic legislation” was written “on the heels of recent drug-related tragedies in Los Angeles and the Bay Area,” referring to three drug-related deaths at two events last May and June. And even though the same statement claims “attendance at raves can range from 16,000 to 185,000 people,” Ma somehow thinks that a few overdoses justifies a broad ban on dance parties (although she pointedly exempts live concerts, for reasons she doesn’t explain, even though the exact same argument can be made about concerts).

As a representative from the vibrant city of San Francisco, Ma (who did not return our calls for comment) is an embarrassment, taking the already-regressive War on Fun efforts by so-called “moderate” politicians to a new low. But unfortunately, the effort to ban public dance parties has already gained traction at the federal level with provisions of the long-controversial RAVE Act – promoted by top Democrats as well as Republicans — finally sneaking their way onto the books last year.

And now, Ma wants to get into the act, as always seeking to curry favor with the cops in the process (not to mention the alcohol industry, a prime funder of the War on Drugs and the ambitions of its political foot soldiers such as Ma). If they get their way, nothing short of our basic constitutional right of freedom of assembly is at risk, and that should be of concern to people of all ideological stripes.

Page street

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Rebecca Solnit’s Infinite City: A San Francisco Atlas (University of California Press, 158 pages, $24.95) is one of the best ideas a writer has come up with in a long time. By combining private and public support, Solnit was able to give away portions of the atlas in full-color, full-spread map handouts. (My favorite tracked both famous/infamous queer public spaces and the migration of butterflies throughout the city.). In the process, she also gave lectures in public spaces, providing a public service in the name of history and inclusion before dropping this tome on the book-buying masses. Gent Sturgeon’s version of a city-fied Rorschach alone is worth the price of the ticket. From insect habitats to serial killers, Zen Buddhist centers to the culture wars of the Fillmore and South of Market that some call redevelopment; Solnit and her cadre of artists, writers, cartographers, and researchers — Chris Carlsson, Guillermo Gómez-Peña, and Mona Caron among them — give us the infinite depths and limitless potential that can be found in 49 square miles. (D. Scot Miller)

A lot of good and even great books came from the Bay Area this year, but one stands out: a book of poetry, Cedar Sigo’s Stranger in Town (City Lights, 100 pages, $13.95). He is a young writer who improves dramatically each time I hear him read, and his poetry and critical writing are among the wonders of our age. And of the age before, since through him speak the dead poets David Rattray, John Wieners, Robert Creeley, Denton Welch, Philip Whalen, Salvador Dali, Jean Cocteau, Eartha Kitt, Raymond Roussel, Lorine Niedecker, and Cole Porter. When new writers come to San Francisco, they ask me if I’ve met Cedar Sigo. If they don’t know Sigo’s work, then I hand them a copy of the new collection. Don’t have to say much, I just step back a little to avoid the stars and diamonds and apples popping out of their eyes like toast from a toaster, because this crazy work is that crazy good. (Kevin Killian)

Compared with the prosaic grind of the inner city, the Sunset can seem like a — albeit foggy — vacation. Wide streets, surf breaks, dunes fit to get lost in: the neighborhood is just right for an offbeat bohemian getaway. But maybe those are just the reverberations of the past, which western neighborhood historian Woody LaBounty has dug up in Carville-by-the-Sea (Outside Lands Media, 144 pages, $35). This coffee table book illustrates the lives of the Sunset’s first modern-day inhabitants, who constructed a seaside village of retired street cars to inhabit back in the days before the N-Judah. Colorized at times for an Oz-like effect, the photos LaBounty digs up to illustrate “Cartown” reveal a community of artists, families, and enthusiasts — even a women’s cycling club — amid an untamed, oscillating sandscape. Those converted SoMa warehouse apartments suddenly don’t seem quite so rugged, do they now? (Caitlin Donohue)

In a city that boasts literally hundreds of theatrical world premieres per year, it’s astounding how few make it to the printed page. Bravo, then, to EXIT Press, new publishing arm of the venerable EXIT Theatre, for helping to ensure that at least some of our local play-writing talents will be preserved for posterity. And who better to inaugurate the series than Mark Jackson, whose professional development has been closely tied to the EXIT, and to the San Francisco Fringe Festival, which it produces? Far from being merely a collection of “Fringe-y” experimentation, Ten Plays (EXIT Press, 492 pages, $19.95) is a testament to the tenacity of vision. From reimagined Shakespearean classics (R&J, I Am Hamlet) to Jackson’s breakout hit The Death of Meyerhold, the bleakly comedic American $uicide, and the stirring Kurosawa-esque epic The Forest War, what these plays have in common is an audacious commitment to the illimitable possibilities of live theater. Of which, giving these works an opportunity to reach a wider audience is but one. (Nicole Gluckstern)

By any good political standard, John Lescroart’s Damage (Dutton, 416 pages, $26.95) is awful. It’s all about how a criminal uses the technicalities of law to get released (damn liberal judges) and how his family — newspaper publishers with ties to the (damn liberal) political establishment — protects him even as he continues to rape young women. Reminds me of that atrocious movie Pacific Heights, which is supposed to convince you that eviction protection and tenants rights are unfair to the poor landlords. But Lescroart writes about San Francisco, and does a pretty good job describing the city, and his characters are so real and well-crafted that I’m able to set aside the politics. In this case, Ro Curtlee, the rapist, is such an evil, evil bad guy — but a plausible, privileged evil bad guy — that he comes to life in a way that makes you want to kill him yourself. And makes you understand why a cop might feel the same way. And in the world of crime fiction, making you feel pain is half the game. It’ll be out in paper this spring. (Tim Redmond)

What Carl Rakosi was to Objectivism — a significant poet who dropped out of sight only to reemerge an old master — Richard O. Moore is to the SF Renaissance. The 90-year-old Moore was active in Kenneth Rexroth’s libertarian-anarchist circle in the 1940s, but abandoned poetry publishing for the more efficacious mass media of radio and TV, cofounding both KPFA and KQED in the process (and shooting the only footage of Frank O’Hara to boot). But Moore never stopped writing, and his debut volume Writing the Silences (University of California Press, $19.95) offers a brief but tantalizing introduction to more than 60 years of poetic activity. Moore’s diction is spare but memorable; a hawk’s wings, for example, “balance on the blind/ push of air.” Yet his low-key tones are wedded to an experimental sensibility; witness 1960’s “Ten Philosophical Asides,” which might be the first poem in English riffing on Wittgenstein, more than a decade before language poetry. Writing the Silences is thus belated yet ahead of its time. (Garrett Caples)

I commissioned three of the works in Veronica De Jesus’s Here Now From Everywhere (Allone Co. Editions, 130 pages, $26). Her portraits of Michael Jackson and Jay Reatard ran in the Guardian, while I paid out of pocket for her to render a tribute to the poet John Wieners for my boyfriend. Along with just-announced SECA Award winner Colter Jacobsen, who published this book, De Jesus is my favorite creator of drawings in the Bay Area. Like Jacobsen, she delves into memory — her memorial portraits can be seen for free on the windows of Dog Eared Books, where this book is for sale. The charm and value of Here Now From Everywhere is immediate, but the book reveals more of its multfaceted personality with each return visit. De Jesus’ illustrated dictionary of inspirational icons ranges from superstars to half-forgotten pop heroes, from cultural figures to obscure female athletes. It’s a gift. (Johnny Ray Huston)

“I told Micah last night that my new book would be a haunted house.” Berkeley-based poet Julian Poirier’s El Golpe Chileño (Ugly Duckling Presse, 128 pages, $15) is filled with the ghosts of past and present. Essentially a bildungsroman, it tracks Poirier’s protagonist’s growth from youthful journeyman into adulthood though a kind of mixed-genre Theatre of the Absurd. Vaudeville, comics, memoir, film pitch, epistolary, failed novel, poetry, the carnival, and travelogue are all wielded brilliantly in the hands of Poirier, making for a phantasmagoric reading experience where the whole emerges defiantly greater than the sum of its parts. Poirier writes, “I turned my whole brain into a city and wrote down everything I saw happening there.” And indeed it certainly feels that way — the book is ripe with the names of places, of friends living and dead; with lists of dates and years; and with drawings and photographs, making up what Poirier somewhat obliquely labels “The Stolen Universe.” El Golpe Chileño is truly a success of form and content, of the high and low, of pop and elegy. (John Sakkis)

The next district attorney

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sarah@sfbg.com

By the time District Attorney Kamala Harris declared victory in the razor-close California attorney general race, two candidates had already filed to replace her. And their candidacies further complicate the delicate process of appointing a new district attorney when Harris gets sworn in Jan. 3 as the first woman and racial minority to become attorney general of California.

David Onek, a senior fellow at the Berkeley Center for Criminal Justice and a former police commissioner, filed in July and has raised $130,000 and collected 1,000 signatures.

Paul Henderson, a veteran prosecutor whom Harris tapped in 2007 as her chief administrator, filed Nov. 22 when his boss’ victory in the attorney general’s race looked assured.

And now Alameda County Assistant D.A. Sharmin Bock, a human trafficking expert, is reportedly mulling a bid.

Mayor Gavin Newsom has said that if Harris resigns before him, he’ll heed her recommendation for her successor. But whoever Newsom, or his successor, appoints will have a major advantage as the incumbent if he or she runs in November 2011.

Unlike the interim mayor, who will have to make unpopular cuts to balance the budget, the person who fills out Harris’ term will have a strong presumption of holding onto the office.

So far Harris has been silent on the topic of a replacement to the post she held since 2003, when she defeated two-term incumbent District Attorney Terence Hallinan.

A possible reason for Harris’ silence is that until recently San Francisco Superior Court Presiding Judge Katherine Feinstein, the only daughter of U.S. Sen. Dianne Feinstein, was thought to be a front-runner for the post. This perception was based on the assumption that Sen. Feinstein wanted her daughter appointed, that Newsom would obey the senator’s wishes, and that no one in Democratic circles would dare to challenge Judge Feinstein in November given her mother’s political influence.

But it turns out that Feinstein, 53, whose peers unanimously elected her to succeed James J. McBride for a two-year term effective Jan. 1, 2011 as the Superior Court’s presiding judge, couldn’t legally accept an appointment anyway and would have to run in the November race.

And Superior Court spokeswoman Ann Donlan told the Guardian that Feinstein does not intend to give up her position as presiding judge. “Judge Feinstein has told court employees and her judicial colleagues that she has no intention of relinquishing her judicial duties in San Francisco,” Donlan stated.

 

THE HEIR APPARENT

That leaves Henderson as Harris’ presumptive heir; Onek, who is married to the daughter of Michael Dukakis, is a political force to be reckoned with; and former prosecutor Bill Fazio and police commissioner and former prosecutor Jim Hammer are possible appointments.

District Attorney’s Office spokesperson Erica Derryck would say nothing on the record about the appointment other than that it’s the mayor’s decision to make. But former D.A. Office spokesperson Debbie Mesloh noted that Harris has outlined the qualities she is seeking.

“Kamala has mentioned publicly that she is looking for someone with integrity who understands how the office works and will take over in such a way that allows people to continue their work,” Mesloh said. “That may sound like small potatoes, but it’s a big deal given how many folks work in the D.A.’s Office.”

Public Defender Jeff Adachi told us he finds it interesting that neither Harris nor Newsom has issued an endorsement in favor of anyone. “The silence is deafening,” Adachi said, “But what’s absolutely missing is a process to select a new district attorney. The D.A’s job involves major responsibilities in terms of running and managing a large law office, so I think there should be some kind of process.”

Adachi said the most important qualification is an understanding of how the D.A.’s Office operates and the respect of line staff. “That’s where trial experience comes in. You want someone with experience of homicide trials and serious cases. You’re overseeing a staff of trial attorneys, investigators, and their support staff — who are all litigators.”

Adachi warns that having a caretaker in that office for 11 months would create havoc. “The best choice would be someone who would allow for a smooth transition and have the qualifications and interest in running for office,” he said.

Sup. David Chiu, who became the first Chinese-American Board of Supervisors president in January 2008 and previously worked as a criminal prosecutor in the D.A.’s Office, has often been mentioned as a candidate. He told the Guardian that he enjoyed his time as a prosecutor but wants to stay put, for now.

“Kamala Harris did a good job in terms of her prosecutorial approach, and I understand she is anxious to make sure her legacy is not repealed,” Chiu said. “I’m happy to serve wherever to further the public interest, and the board is in a fragile and unstable place.”

 

IT WON’T BE SUP. ELSBERND

Former D.A. Terence Hallinan, who served two terms as a supervisor before being elected D.A., thinks it’s a big advantage to come from the board. “I knew how to use the budget process to get what I needed,” he said. “I held the key to that door.”

But a city insider who asked to remain anonymous said that if Chiu is thinking D.A., he’d be setting his sights too low. “The brass ring is right there for Chiu as mayor,” the source said.

According to the city charter, the D.A. must be a San Francisco resident who has been licensed to practice law in all California courts for at least five years. Sup. Sean Elsbernd, who qualified for the bar in 2000, has been mentioned in some circles. But Elsbernd told us that the rumors that Newsom would appoint him as D.A. and Newsom’s Chief of Staff Steve Kawa as D7 supervisor are baseless.

“They are just saying that because I’m an attorney,” said Elsbernd, who worked as a law clerk with Nielsen, Merksamer, Parinello, Mueller, & Naylor and with the D.A.’s Office prior to his August 2004 appointment to the board by Newsom and his November 2004 election.

So now the money remains on Newsom to appoint Henderson, who is a gay African American. “It’s important to take the diversity of the city into account,” our City Hall source said. “And Henderson can do the job. He’s extremely capable; the lawyer types like him; he reaches out to all groups and political factions; and his appointment would be a signal to the Democratic Party that whoever appoints him takes diversity seriously.”

Hallinan said he thinks Henderson will get the nod. “I think Kamala wants to keep a hand in that office,” Hallinan said. “And Paul is a nice guy, very competent, a good administrator — though not real experienced at trying cases.”

The D.A. doesn’t have time to try cases because there are administrative matters to deal with every day, Hallinan noted. “But trial experience is good because, although the job is administrative, you are selecting who should try what case,” he said. “So unless you have experience, it’s hard to judge what resources you have to be devoted.”

Fazio, who lost to Hallinan in the D.A.’s race in the 1990s, says he wants Henderson to get the appointment. “Henderson has been a loyal deputy. Onek has never been in a courtroom, and he doesn’t even work in San Francisco,” Fazio said.

Fazio doesn’t think Henderson’s bid will be hampered by ongoing crime lab and prosecutorial scandals in the D.A.’s Office since he wasn’t directly involved in the crime lab and police misconduct cases. “The biggest challenge for Paul will be turning all that around and running for office,” Fazio said. Insiders agreed that unless something highly unusual happens, an incumbent Henderson would get widespread political support in November.

But Onek sounds like he’s in the race for the duration, and he downplayed his lack of trial experience. “The bottom line is that I’m not going to be the chief trial attorney,” Onek said. “The role of the D.A. is to set policy, have a vision for the office, manage the office, work collaboratively with the community and law enforcement agencies, and finally, bring resources in from outside.”

“I’m spending my time building a criminal justice movement and not focusing on the politics of it all,” he added. “It’s speculation and the winds change every day.”

Onek observed that his entire career has been about criminal justice reform. “Kamala Harris did a great job of starting on that reform, and we need someone who can step in and continue the reform.”

How many suspects did SF cops frame?

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EDITORIAL The job of a district attorney is bringing criminals to justice; everybody knows that. But it’s also the job of the city’s top law enforcement agent to make sure the innocent are protected — and that’s a part that many DAs ignore.

There’s considerable evidence that the San Francisco police have framed suspects, set up evidence, and illegally manipulated the legal system to put the wrong people behind bars. Repeatedly. That’s a crisis that requires active intervention from the District Attorney’s Office — and since Kamala Harris is on her way out the door, it has to be a top priority for her successor.

The latest example: Superior Court Judge Marla Miller ruled Dec. 14 that Caramad Conley was denied his constitutional rights and convicted of murder after San Francisco cops allowed a paid witness to lie on the stand.

Miller concluded that homicide inspector Earl Sanders, who later became police chief and is now retired on a nice pension, knew that witness Clifford Polk was lying and made no effort to correct it.

That’s not the first time Sanders has been tied to an improper conviction. John Tennyson and Antoine Goff were sentenced to 25 years to life in 1990 — and spent 13 years in prison for a crime they didn’t commit. They were convicted after Sanders, and his then-partner Napoleon Hendrix, failed to inform the defense about key evidence.

Tennison and Goff would still be behind bars — except that Tennison’s brother read a Guardian story about the case and put a copy on the windshield of every car in the parking lot where he worked. And some of the people who parked there were lawyers for the top-flight criminal defense firm of Keker & Van Nest LLP.

The lawyers helped Jeff Adachi, then a deputy public defender, convince a federal judge that Tennison and Goff were wrongly convicted, and the two left prison in 2003. The case has now cost the San Francisco taxpayers $7.5 million.

The evidence that may soon free Conley came to light during the Tennison/Goff case — and it looks an awful lot like there’s a pattern here. Sanders and Hendrix (who died of cancer in 2009) worked some 500 homicide cases — and it’s unlikely that these two are isolated instances.

Conley has a shot at leaving prison after 18 years only because lawyers working on another case stumbled on old files, some of them literally buried under debris in a police warehouse. We have to wonder: how many other innocent people are rotting away (at considerable cost to the state) because SF cops helped frame them? And how many killers are still wandering the streets because homicide inspectors and prosecutors took the easy way out and manufactured or suppressed evidence against the first obvious suspect — and sent away the wrong person?

When Harris leaves office next month, a new district attorney will take over responsibility for this mess. It’s not possible, given the limited resources of the department, to go back and review every single case that Sanders and Hendrix worked. But the Conley case involved a key witness who was paid by the cops — that is, an informant getting public money. It’s perfectly legal to pay informants — as long as defense lawyers know that a witness was on the tab at the time of trial. But that didn’t happen in Conley’s case — and there may be many others.

Harris’ successor will have to take on the problems of the crime lab mess and continue to review cases that may be tainted by bad forensic techniques. But he or she needs to assign someone to go back over all of the cases in which Sanders and Hendrix used paid informants and see if any of those convictions need to be reviewed.

In the meantime, Chief George Gascón ought to take the opportunity to review police policies for paying snitches who then take the stand in court. There’s abundant evidence that the current system has serious problems.

EDITORIAL: How many suspects did SF cops frame?

1

The job of a district attorney is bringing criminals to justice; everybody knows that. But it’s also the job of the city’s top law enforcement agent to make sure the innocent are protected — and that’s a part that many DAs ignore.

There’s considerable evidence that the San Francisco police have framed suspects, set up evidence, and illegally manipulated the legal system to put the wrong people behind bars. Repeatedly. That’s a crisis that requires active intervention from the District Attorney’s Office — and since Kamala Harris is on her way out the door, it has to be a top priority for her successor.

The latest example: Superior Court Judge Marla Miller ruled Dec. 14 that Caramad Conley was denied his constitutional rights and convicted of murder after San Francisco cops allowed a paid witness to lie on the stand.

Miller concluded that homicide inspector Earl Sanders, who later became police chief and is now retired on a nice pension, knew that witness Clifford Polk was lying and made no effort to correct it.

That’s not the first time Sanders has been tied to an improper conviction. John Tennyson and Antoine Goff were sentenced to 25 years to life in 1990 — and spent 13 years in prison for a crime they didn’t commit. They were convicted after Sanders, and his then-partner Napoleon Hendrix, failed to inform the defense about key evidence.

Tennison and Goff would still be behind bars — except that Tennison’s brother read a Guardian story about the case and put a copy on the windshield of every car in the parking lot where he worked. And some of the people who parked there were lawyers for the top-flight criminal defense firm of Keker & Van Nest LLP.

The lawyers helped Jeff Adachi, then a deputy public defender, convince a federal judge that Tennison and Goff were wrongly convicted, and the two left prison in 2003. The case has now cost the San Francisco taxpayers $7.5 million.

The evidence that may soon free Conley came to light during the Tennison/Goff case — and it looks an awful lot like there’s a pattern here. Sanders and Hendrix (who died of cancer in 2009) worked some 500 homicide cases — and it’s unlikely that these two are isolated instances.

Conley has a shot at leaving prison after 18 years only because lawyers working on another case stumbled on old files, some of them literally buried under debris in a police warehouse. We have to wonder: how many other innocent people are rotting away (at considerable cost to the state) because SF cops helped frame them? And how many killers are still wandering the streets because homicide inspectors and prosecutors took the easy way out and manufactured or suppressed evidence against the first obvious suspect — and sent away the wrong person?

When Harris leaves office next month, a new district attorney will take over responsibility for this mess. It’s not possible, given the limited resources of the department, to go back and review every single case that Sanders and Hendrix worked. But the Conley case involved a key witness who was paid by the cops — that is, an informant getting public money. It’s perfectly legal to pay informants — as long as defense lawyers know that a witness was on the tab at the time of trial. But that didn’t happen in Conley’s case — and there may be many others.

Harris’ successor will have to take on the problems of the crime lab mess and continue to review cases that may be tainted by bad forensic techniques. But he or she needs to assign someone to go back over all of the cases in which Sanders and Hendrix used paid informants and see if any of those convictions need to be reviewed.

In the meantime, Chief George Gascón ought to take the opportunity to review police policies for paying snitches who then take the stand in court. There’s abundant evidence that the current system has serious problems.

Class of 2010: Malia Cohen

4

sarah@sfbg.com

It took two weeks and 19 updates of San Francisco’s ranked-choice voting system before Malia Cohen, a former Mayor Gavin Newsom staffer and partner in a firm that helps businesses and nonprofits create public policy, was declared the winner of the hotly contested race to represent District 10, which includes Bayview, Hunters Point and Ingleside. The nail-biting time lag was a byproduct of complex calculations that involved 22 candidates, no clear front-runners, and a slew of absentee and provisional ballots.

But when the RCV dust settled, the results proved that the D10 vote continues to break down along class, race, and gender lines. These RCV patterns personally benefited Cohen’s success in picking up second- and third-place votes.

But they also helped D10’s African American community, now smaller than its growing Asian community but still larger that the black community in any other distinct in the city, send an African American supervisor back to City Hall. And it avoided a run-off between Lynette Sweet and Tony Kelly, who won most first-place votes.

Some chalk up Cohen’s victory to her polished appearance, the middle-of-the road positions she took on the campaign trail, and an impressive list of endorsements that include the San Francisco Democratic Party, the Labor Council, the Building and Construction Trades Council, state Sen. Leland Yee (D-SF), Assembly Speaker Pro Tempore Fiona Ma (D-SF), Board of Supervisors President David Chiu, SF Democratic Party Chair Aaron Peskin, and BART Board President James Fang.

But Cohen told us she thinks coalition building was the key. “Endorsements only account for a quarter of the reasons why you win,” she said. “It’s all about building an organization, a net that goes deep and wide.”

Some progressives were alarmed by a Dec. 1 fundraiser to help settle Cohen’s campaign debt whose guest list included Newsom, former Mayor Willie Brown, Sup. Sean Elsbernd, Ma, Building Owners and Managers Association director Ken Cleaveland, Kevin Westlye of the Golden Gate Restaurant Association, and Janan New of San Francisco Apartment Association.

Cohen dismissed concerns over this conservative showing of après-campaign support. “Fear not,” she said. “It is a fundraiser event. And now that I’m a newly elected supervisor, I look forward to meeting everyone. And I will do a great job representing everyone.

So what should we expect from Cohen, who ran as a fourth-generation “daughter of the district from a labor family” on a platform of health, safety, and employment — and will soon represent the diverse southeast sector, which has the highest unemployment, crime, recidivism, foreclosure and African American out-migration rates citywide and is ground zero for Lennar Corp.’s plan to build thousands of condos at Candlestick and the shipyard?

“I’m a bridge-builder,” said Cohen, who attributes her surprisingly tough but open-minded edge to being the oldest of five sisters.

So far, she’s not going out on a progressive limb. She told us she favors a caretaker mayor: “I’d like someone to maintain the business of the city, someone who has zero political ambition,” she said. “That way it creates an even playing field for the mayoral race.”

Cohen says she is determined to address quality of life concerns, including filling potholes, re-striping crosswalks and introducing traffic calming measures, and taking on critical criminal justice issues, including City Attorney Dennis Herrera’s gang injunction in the Sunnydale public housing project in Visitacion Valley. She opposes Herrera’s strategy but notes: “If not gang injunctions, then what? I can’t dispute that they get short-term results, but what about the long-term impacts? We need long-term solutions.”

Cohen supports Sup. John Avalos’ efforts to pass mandatory local hire legislation but is open to “creative solutions” to help get it over the finishing line. “People who live here should be working here,” Cohen said. “But is 50 percent the magic mandatory hire number? I don’t know.”

Cohen, who just survived a foreclosure attempt, has promised to be a “fierce advocate” for constituents facing similar challenges, including those who met predatory loan brokers at church.

But asked how she would cut spending or raise revenue to address the city’s massive budget deficit, she had no specific answer.

Yet Cohen disagrees with detractors who say she lacks experience. “I may look cute, but don’t be misled. I have a public policy background and fire in my belly. I’m a union candidate, I’m smart, I’m talented, and above all, I love the people in D10 and the rest of San Francisco. I want everyone to prosper and receive benefits. So give me a shot.”

Dufty was Avalos’ eighth vote on local hire

3

History was made at City Hall on December 7, when the Board voted 8-3 to approve local hire legislation for city-funded construction projects.
“This is the strongest local hiring measure in the nation, “ said Sup. John Avalos, the legislation’s chief sponsor. “It doesn’t just have a mandated 50 percent goal. It has a ‘by trade’ mandate. It requires 50 percent of apprentices to be residents. More than anything we are moving away from a good faith policy. That’s a sea change in our local hiring discussion.”
Sup. Sophie Maxwell thanked Avalos “for taking up the mantle” and pushing construction industry legislation that will provide opportunities for ”growing the middle class instead of importing it.”
“This industry closes the economic gap,” Maxwell said,
Board President David Chiu, Sups. John Avalos, David Campos, Chris Daly, Bevan Dufty, Eric Mar, Sophie Maxwell and Ross Mirkarimi voted for the legislation. But Dufty was the eighth vote that gave the measure a veto-proof majority. His vote came after he met ABU (Aboriginal Blacks United) leader James Richards and other advocates of unemployed residents. They see the legislation as a way to invest local tax dollars in local communities, reduce crime and poverty, and lessen pollution by reducing workers’ commutes.


“It’s been too long that we have been protesting and fighting this good faith effort,” Richards said.” We need a mandatory policy.”
ABU member Troy, 47, who was born and raised in the Bayview, and has two sons, said he had been unemployed for six months.
“If we don’t work, nobody works, that’s ABU’s motto,” Troy said. ‘We can’t have nobody come from Marin, taking our jobs and pushing us back onto the streets, selling drugs. We gotta put the merry back into Christmas.”



“A lot of moving parts had to come together for this legislation to be successful,” Dufty told the Board, a couple of hours after he met ABU’s Richards. “This is very reminiscent of Healthy San Francisco, which was one of the most monumental changes in the city.”
Dufty said he believes that, much like Healthy San Francisco, local hire legislation is bigger than just San Francisco. “At a certain point, I looked at labor and said, yes, I’m going for this legislation, but not just for San Francisco,” Dufty said. “You want to take this concept to other cities.”


Dufty  was hopeful that Mayor Gavin Newsom will get behind the legislation, before its Dec.14 second reading.
“But I respect that there may be a little bit of coming together between now and the second reading,” he said.
Newsom spokesperson Tony Winniker told reporters that the mayor plans to review the amended legislation and consult with impacted contractors and unions before deciding whether to veto the legislation.
A December 1 report from city economist Ted Egan estimated that the local hire legislation will create 350 jobs and cost the city $9 million annually, or 1 percent of whatever it spends on public works. (San Francisco is set to spend an estimated $27 billion on capital projects over the next decade.)
Vincent Pan of Chinese Affirmative Action, which supports Avalos’ local hiring policy, suggested that the mayor “check the temperature.”
“It would be leadership on the part of the mayor not to veto legislation that’s about San Francisco,” Pan said.

Going to a club — or boarding an airplane?

12

news@sfbg.com

The War on Fun — a term coined by the Guardian in 2006 to describe the crackdowns on nightclubs, special events, and urban culture by police, NIMBY neighbors, and moderate politicians — continues to grind on in San Francisco.

The latest attack was launched by Mayor Gavin Newsom and the San Francisco Police Department, which has proposed a series of measures to monitor and regulate individuals who visit bars or entertainment venues, proposals that the embattled Entertainment Commission will consider at its Dec. 14 meeting.

Perhaps most controversial among the dozens of new conditions that the SFPD would require of nightclubs is an Orwellian proposal to require all clubs with an occupancy of 100 persons or more to electronically scan every patron’s identification card and retain that information for 15 days. Civil libertarians and many club owners call this a blatantly unconstitutional invasion of privacy.

Driving the latest calls for a crackdown is a stated concern over isolated incidents of violence outside a few nightclubs in recent years, something Newsom and police blame on the clubs and that they say warrants greater scrutiny by police and city regulators.

But the proposals also come in the wake of overzealous policing of nightclubs and parties — including improper personal property destruction and seizures, wrongful arrests and violence by police, harassment of disfavored club operators, and even dumping booze down the drain — mostly led by SFPD Officer Larry Bertrand and his former partner, Michelle Ott, an agent with the California Department of Alcoholic Beverage Control.

Those actions were documented in back-to-back cover stories by the Guardian (“The New War on Fun,” March 24) and SF Weekly (“Turning the Tables,” March 17), and they are the subject of multiple ongoing lawsuits by nightclub owners, patrons, and employees, including a racketeering lawsuit alleging that officials are criminally conspiring against lawful activities.

Yet rather than atoning for that enforcement overreach, Newsom and SFPD officials seem to be doubling down on their bets that San Franciscans will tolerate a more heavily policed nightlife scene in the hopes of eliminating the possibility of random violence.

A series of nighttime shootings this year has grabbed headlines and prompted calls to action by the Mayor’s Office and Board of Supervisors President David Chiu, whose District 3 includes North Beach. In February, there were shootings at Blue Macaw in the Mission and Club Suede at Fisherman’s Wharf, followed by a shooting at the Pink Saturday fair in June, one outside Jelly’s in SoMa in July, and the high-profile murder of a German tourist near Union Square in August.

Chiu responded with legislation to give the Entertainment Commission greater authority to close down problem nightclubs and, more recently, with legislation to require party promoters to register with the city so that officials can take actions against those who act irresponsibly.

In September, Newsom asked the SFPD for its recommendations and he received a laundry list of proposals now before the Entertainment Commission. That body held a closed session hearing Nov. 30 to discuss a confidential legal opinion by the City Attorney’s Office on whether the identification scan would pass constitutional muster, an opinion that has so far been denied to the Guardian and the public, although officials say it may be discussed in open session during the Dec. 14 hearing.

“Everything is being considered,” Jocelyn Kane, acting executive director of the Entertainment Commission, told the Guardian. Her office already has looked at the different types of scanners that clubs could use and has discussed the idea with several technology companies.

SFPD Inspector Dave Falzon, the department’s liaison to the nightclubs and ABC, told the Guardian that he believes the data gathered from nightclub patrons would allow police to more easily find witnesses and suspects to solve any crimes committed at or near the nightclubs.

“It’s not intended to be exploited,” Falzon said, stressing that the recommendations are a work in progress and part of an ongoing dialogue with the Entertainment Commission — an agency Newsom, SFPD officials, and some media voices have been highly critical of over the last two years.

Along with the proposal for the ID scanners, SFPD proposed many other measures such as increased security personnel (including requiring clubs to hire more so-called 10-B officers, or SFPD officials on overtime wages), metal detectors at club entrances, surveillance cameras at the entrances and exits, and extra lighting on the exterior of the night clubs.

Though this may sound to many like heading down the dystopian rabbit hole with Big Brother potentially watching your every move, Falzon thinks it’s the opposite. “It isn’t that police department is acting as a militant state,” Falzon said. “All we’re trying to do is to make these clubs safer so they can be more fun.”

Yet critics of the proposals don’t think they sound like much fun at all, and fear that employing such overzealous policing tools will hurt one of San Francisco’s most vital economic sectors while doing little to make anyone safer.

Jamie Zawinski is the owner of the DNA Lounge, which recently celebrated its 25th anniversary. He has been a leading voice in pushing back against the War of Fun, including running a blog that chronicles SFPD excesses. He said the proposed regulations go way too far.

“It’s gang violence happening on the street. The nightclubs are being scapegoated. You don’t solve the problem by increased security in the clubs,” Zawinski told us, adding that the lack of proper policing on the streets should be addressed before putting the financial strain on the entertainment industry.

“It’s ridiculously insulting. I will not do that to my customers. It’s not a way to solve any problems,” Zawinski said. “It sets the tone for the evening when you start demanding papers.”

It’s also a gross violation of people’s rights, says Nicole Ozer, the director of Technology and Civil Liberties Policy for the American Civil Liberties Union of Northern California. She said that recording people’s personal information when they enter a public venue raises troubling legal issues.

“There are some real implications of tracking and monitoring personal data. The details of what you visit reveal things about your sexuality and political views,” Ozer said, adding that the ACLU would also have issues with how that information is used and safeguarded.

In response to police crackdowns on nightlife, club owners and advocates earlier this year formed the California Music and Culture Association (CMAC) to advocate for nightlife and offer advice and legal assistance to members. CMAC officials say they are concerned about the latest proposals.

“The rise in violence has to be looked at from a societal point of view,” said Sean Manchester, president of CMAC and owner of the nightclub Mighty. He noted that most of the violence that has been associated with nightclubs took place in alleys and parking lots away from the bars and involved underage perpetrators. “In many instances [the increased security measures] wouldn’t have done anything to stop it,” he said.

While there are plenty of ideas to combat crime at nightclubs, nightlife advocates say the city is going to have to look beyond club venues to address what can be done to combat crime without infringing on any civil liberties or damaging the vibrant nightlife. Or officials can just listens to the cops, act on their fears, and make the experience of seeing live music in San Francisco more like boarding an airplane.

The Entertainment Commission meets Dec. 14 at 6:30 p.m., Room 400, City Hall.

EDITORIAL: Save the HANC recycling center

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The foes of the Haight Ashbury Neighborhood Council recycling center — including the mayor and Rec-Park Director Phil Ginsberg, who desperately want to get the low-income riff-raff who sell cans and bottles for a living out of the Haight and Inner Sunset — pulled out all the stops Dec 2, dragging good ol’ Chuck Nevius, who’s always ready to stand up for what isw clean and well-manicured and free of urban grit, into the fight. The Nevius column in the Chron is almost too perfect; he describes the center as “a noisy, ugly industrial plant” that doesn’t belong in Golden Gate Park. Well, the center is technically in the park, I suppose, but it’s not exactly smack amid Speedway Meadow or the Arboretum; it’s way off on the edge, in an area that most people don’t even think of as the park.

But see, here’s the real issue:

It is a magnet for the down and out, some of whom use the can and bottle payout as an ATM for booze and drugs, and even raid the neighborhood bins to fill their carts.

Imagine: A magnet for the “down and out” in the Haight. Imagine: A way for people to make some money without panhandling (which Nevius dislikes) or hassling tourists (which Nevius dislikes) or selling drugs (which Nevius dislikes) or stealing (which all of us dislike). Imagine: A community-run institution that actually creates green jobs for people who might otherwise be homeless (and doing things that Chuck Nevius dislikes).

The real issue is that the mayor never liked HANC (since he lives in the Haight, he ought to stop by a HANC meeting sometime; it’s really not that scary) and doesn’t like the idea of homeless people congregating around the recycling center, and would just as soon get rid of anything that doesn’t fit his vision of a squeaky clean, fully gentrified city.

And it’s not as if Ginsberg wants to restore that corner of the park to native flora; it will be, in his vision, a community gardening center. Nice, but not exactly a natural space. The new center would also attract small crowds — but of a very different demographic. Which, again, is what this is all about.

The HANC recycling center does everything that Gavin Newsom claims to support. It provides green jobs. It offers employment opportunities for people who are on the margins of society, and lets them get back on their feet — without a penny of taxpayer money. It promotes recycling and sound urban ecology.

The private company that collects our garbage and recycling, which is called Recology, doesn’t like the fact that poor people go around and collect cans and bottles from the blue bins on the sidewalk; the stuff is worth money, and the company would rather keep it. But in the end, the material goes to the same place and stays out of the landfills, which ought to be the point. And honestly, isn’t scavenging and recycling cans and bottles a better occupation than agressive panhandling and crime?

The center’s a bargain for San Francisco, and the personal peeves and suburban sensibilities of Newsom, Ginsberg and Nevius shouldn’t shut it down. The Recreation and Parks Commission should direct Ginsberg to back off on eviction proceedings and let the center stay.

 

 

War on drugs rages on

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By Pamela A. MacLean

news@sfbg.com

The two Norton brothers thought someone was breaking into their Oakland apartment to kill them one pre-dawn day in October 2007. Instead, a couple dozen well-armed and screaming federal drug agents stormed the place, rousted the pair, and dragged them around the apartment before arresting them.

Winslow and Abraham Norton operated one of the most successful medical marijuana dispensaries in the Bay Area, the Compassionate Patients’ Cooperative of California, in Hayward. In just the first six months of 2007, the operation grossed $26 million.

But if they thought facing a federal indictment on charges of conspiracy to possess and distribute more than 1,000 kilos of marijuana and money laundering was their worst nightmare, the Norton brothers just weren’t dreaming big enough.

The pair — with all-American good looks, close-cropped beards, and infectious smiles — finish each other’s sentences when they describe their run-in with the federal justice system.

“We were 11 and 14 when medical marijuana was legalized, and we grew up in Berkeley,” Abraham said “It may be naïve, but we didn’t understand the legality. Now we know federal law a lot better.”

Abraham, 26, and Winslow, 29, played by the rules in California’s fledgling medical marijuana law. In 2005 they got an Alameda County permit to operate from the former Sheriff Charles Plummer, a seller’s permit from the state, paid taxes, and had random inspections by local police.

They even hired security guards to patrol the place to make sure patients felt safe. After abandoning a couple of security companies as “no good,” they hired a tough bunch that had former Navy SEALS, Marines, and cops in their ranks, SEAL-Mar Security. They rotated a crew of 44 different guards who patrolled outside and carried Glocks, Smith & Wessons, Sig Sauers, and Rugers to make sure no one caused trouble.

“We are very proud we were squeaky clean and examined under a microscope,” Winslow said. “We never did a deal out the back door,” Abraham insisted. They sold so much marijuana to legitimate patients “it never made sense and it would have hurt the company” to do any illegal side deals, Winslow said.

But selling marijuana is still a federal crime, and in negotiations the prosecutor insisted the brothers accept five-year minimum prison terms. They refused, offering to plead guilty to conspiracy and let U.S. District Judge D. Lowell Jensen set the sentence. Assistant U.S. Attorney Steve Corrigan balked. Then, according to the Nortons and their lawyers, Corrigan upped the ante, threatening to indict their mother, who helped out in the co-op by opening up for the early shift.

“We had to tell her over a Thanksgiving,” Winslow said. “It was pretty miserable. We didn’t know what to do.”

Then, in February 2009, the government indicted their father instead, along with a coworker, and added a far more serious charge: aiding in the carrying of a firearm to further a drug crime. That charge alone carries up to life in prison, but no less than five years.

The Nortons had no guns. It was the gun-toting security team that was “aiding” in a drug conspiracy.

“It is plain and simple coercion, nothing less than that,” said Harold Rosenthal, Abraham’s attorney.

“When we heard the charge, we said ‘you must be kidding,'” says Doron Weinberg, the high-profile defense lawyer who defended record producer Phil Spector in his 2007 murder trial. “I have never before heard of a person charged with violation of a gun law because they hired a security guard.”

Although there is a new U.S. attorney, Melinda Haag, she isn’t talking. “It is an ongoing case so we have no comment,” said her spokesman Jack Gillund.

Sheriff Plummer, who retired in 2007 after 50 years in law enforcement, said of the weapons charges: “It’s bullshit.”

“While I don’t favor their type of business, it was legal. I wanted to make damn sure they were protected, people were protected, and the building was protected. I told them to hire a security crew,” he said.

Abraham says Plummer assured them during a county Board of Supervisors meeting that if they did everything he required, the feds would leave them alone. “I could have said that,” Plummer said when asked about that assurance.

Although the new charge is “aiding” use of weapons, the security crew was not charged with a crime. It had no effect on the guards or the company, according to Tom Turner, one of SEAL-Mar’s owners.

The indictment of their father, Michael, was no accident. Michael is a patient of the dispensary, but the brothers and his lawyer, Bill Osterhoudt, say Michael had no ownership interest in the co-op.

What Michael Norton does have is a criminal record. In the 1980s, he went to prison for two years in what was known as the Kona coffee caper. He bought low-cost Guatemalan coffee beans and sold them as pricey Hawaiian Kona coffee.

Piled on to the Norton brothers’ legal problems is a tax bill that went unpaid when the federal agents raided their apartment and the business. When the federal agents swept in three years ago, they seized the brothers’ two cars, a house they just bought, more than 300 pounds of marijuana, and an electronic deposit of nearly $340,000 in sales tax sent to the state Board of Equalization, according to Winslow.

“We thought the wire transfer cleared. We had confirmation, but the government still seized it,” Abraham said. “They stole the money,” Winslow said. That debt, with penalties and interest, is now close to $1 million, according to Abraham.

“The feds snatched the sales tax money and left the Nortons liable for it, and now they have liens against them for the money,” Rosenthal said.

The irony for the brothers is that they believe they were the first dispensary to voluntarily pay sales taxes. “We collected them for six months and took a check for $1 million to the BOE,” Abraham said. “They didn’t want to take money from medical marijuana sales and told us to call it something else,” Winslow said. “We refused. They wanted us to lie and say the bags cost $300 and the contents were free. But that would have screwed up our accounting.”

After accepting the initial payment, within a week the board issued letters to all the dispensaries in the state asking for sales tax, according to the brothers.

Judge Jensen rejected defense efforts to get the gun charges thrown out in September. But Jensen, a Republican former prosecutor, signaled he is not happy and ordered both sides to sit down Dec. 9 for formal talks before a magistrate to see if they can resolve the case.

“It’s not enough to say we want the case dropped,” Abraham said. “Our credit is destroyed. We can’t work.”

“Three years later we are still fighting it,” Winslow said. “We’ve been fighting this almost as long as the dispensary existed.”

As for the brothers’ chances to negotiate a resolution with the feds, Rosenthal said, “I’m somehow hoping the clouds are going to part and sanity is going to set in.”

Prison for killer cop

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rebeccab@sfbg.com

On Nov. 5, former BART Police officer Johannes Mehserle was sentenced to two years in state prison for fatally shooting Oscar Grant, a 22-year-old African American rider, on the Fruitvale train platform on New Year’s Day 2009.

Mehserle, who is white, was convicted of involuntary manslaughter in July in an incident that has become charged with racial undertones. He received credit for 292 days served in jail so far, which will considerably reduce his time in prison. It was the lightest prison sentence he could have received for the crime.

Grant supporters gathered in Frank Ogawa Plaza in downtown Oakland to express anger and sorrow upon hearing news of the sentence. “I’m not shocked,” said Cat Brooks, who helped organize an afternoon rally for the Coalition for Justice for Oscar Grant. “But I’m disgusted and distraught. It seems like the justice system didn’t work.”

After the rally came to a close and night fell, protesters spilled into the streets and marched toward the Fruitvale BART Station, the scene of the crime. But after a dozen car windows were smashed along the way, police officers in riot gear corralled the group into a residential neighborhood. Police then placed 152 protesters under mass arrest, mostly on charges of unlawful assembly. Roughly two-thirds of those arrested were Oakland residents, according to the Oakland Police Department, while others were from Berkeley, San Francisco, Hayward, and other local cities.

 

COMMUNITY RESPONDS

A stage outside Oakland City Hall was transformed into a venue for personal expression in the wake of the sentencing. Community members lined up to air their frustrations and resolve to keep fighting. They piled flowers onto a shrine that had been created with a picture of Grant’s face. Some painted pictures, while others gave spoken word or hip-hop performances. Several told stories of loved ones who’d died in police shootings.

Cephus Johnson, Grant’s uncle, was at the Los Angeles courtroom where Mehserle was sentenced, but shared some thoughts with the Guardian beforehand. Asked what he’d thought when the verdict had been announced, Johnson said, “My first thought was that we’re witnessing the criminal justice system failing to work as it should have worked.” If the sentence fell short of the 14-year maximum, he said, “it will be another slap in the face, signifying that black and brown men are worthless.”

East Bay labor organizer Charles Dubois was among those attending the Nov. 5 rally. “Every black parent, every brown parent, lives with this nightmare of their children being killed by some cops because they thought they had a gun,” Dubois said in an interview with the Guardian. “It’s been happening since I was a kid. It’s been happening then and it’s happening now, and it’s going to keep happening until we do something.”

California Assemblymember Tom Ammiano (D-SF) also weighed in during a phone call with the Guardian. “This verdict is outrageous,” he said. “It’s Dan White all over again.”

 

JUDGE DROPS GUN ENHANCEMENT

Judge Robert Perry sided with arguments presented by Mehserle’s defense attorney, Michael Rains, when he levied a reduced punishment. Mehserle could have served up to 14 years prison for involuntary manslaughter committed while wielding a gun, but Perry tossed out the firearm enhancement.

“No reasonable trier of fact could have concluded that Mehserle intentionally fired his gun,” the judge was quoted in media reports as saying. But that appears to be what the jury found, as the prosecution argued in a presentencing memorandum.

“The evidence was presented regarding the use of the gun, and in discussing the use of the gun in the jury room, somehow or another the jury decided he had used the gun illegally,” criminal defense attorney and National Lawyers Guild observer Walter Riley told the Guardian. “One has to believe the jury expected him to have exposure to a greater amount of jail time because of that.”

Perry said he believed Mehserle suffered a “muscle memory accident” that led him to draw and fire his service weapon instead of his Taser, a cornerstone of the defense’s case.

Rains wrote to the court prior to sentencing that jurors should never have been allowed to apply the firearm enhancement to an involuntary manslaughter conviction “because in this case, there is no logical way to square a verdict of involuntary manslaughter and a finding that Mehserle intended to use his gun.”

Prosecutor David Stein of the Alameda County District Attorney’s Office countered that the jury’s conviction showed they believed Mehserle intended to shoot, but not to kill, Grant. Yet Perry agreed with the defense, conceding he had mistakenly permitted the jury to enhance Mehserle’s sentence.

Riley said he sympathized with frustrations over the gun enhancement getting dismissed. “The use of guns is too prevalent in circumstances where law enforcement comes in contact with young black people,” he said. “Our society — our civil society, our judicial authority, and our communities — have to hold government and law enforcement officers to a higher level of accountability in their interactions with citizens. When people with guns shoot an inordinate number of people of one group, it’s worth tremendous scrutiny.”

 

ANOTHER NIGHT IN JAIL

Twice before, activists took to the streets in furious protest over this case. In January 2009, things escalated to the point where cars were set ablaze. In July 2010, a street rally gave way to rioting and looting. So on Nov. 5, many downtown Oakland storeowners boarded up and closed business early in anticipation of a third wave of vandalism.

Yet the turnout was smaller than the previous events. And while there were reports of smashed car windshields and other instances of vandalism along the circuitous path of the march, there was far less property destruction.

The community affair outside Oakland City Hall ended around 6 p.m., when the permit expired. Soon after, activists spilled into the intersection of 14th and Broadway streets, then began advancing down 14th Street chanting “No Justice! No Peace!” and “The whole system is guilty!” The march turned right onto Madison Street, then left onto 10th Street.

A police helicopter with a spotlight kept pace overhead while it progressed, and when protesters reached Laney College, police officers in riot gear blocked them in. So protesters cut through a park and wandered in a pack until they reached the intersection of East 18th Street and Sixth Avenue in a residential neighborhood. Once again, police surrounded the protesters. This time, the crowd was trapped.

Rachel Jackson, an activist who was barricaded in, began sounding off. “We were going to Fruitvale,” she explained. “We wanted to go to the scene of the crime. All night the police have been trying to suppress our free speech.” When a nearby TV news reporter asked her about windows that had been busted along the march, she was incensed. “We will not equate glass with Oscar Grant’s life!” she responded. “If we have to come out ourselves and board up windows, we’ll do that. But what we are concerned with right now is murder.”

Reporters were allowed to exit the confined area, but if anyone else had been inclined to leave peacefully, they were unable to. Police issued a call on a megaphone telling activists, “You are all under arrest. Do not resist arrest.” By the time the mass arrest was underway, public information officer Jeff Thomason told a group of reporters that there were more police officers on the scene than protesters.

“When the rocks were being thrown, it was declared an unlawful assembly,” Thomason explained. He said a dispersal order had been issued simultaneously. Yet it would have been impossible for the trapped crowd to comply with such an order.

Meanwhile, a resident of the Oakland neighborhood who had come outside when the commotion began told the Guardian that she sympathized with the protesters. “The only thing I don’t condone is the vandalism,” said Dyshia Harvey, who surveyed the scene from behind a fence with her six-year-old son.

Harvey had been anticipating word of Mehserle’s sentencing. “I was upset. I was frustrated, angry, and hurt” by the outcome, she said. But she wasn’t surprised. “I already knew we weren’t going to get no justice,” she said. “For taking a life, 14 years isn’t enough. It makes you feel like there’s no justice in the justice system.”

 

NOT OVER YET

Alameda County District Attorney Nancy O’Malley has not stated whether her office will appeal Perry’s ruling. Rains told reporters in L.A. that he would appeal Mehserle’s involuntary manslaughter conviction.

Meanwhile, the Civil Rights Division of the U.S. Department of Justice released a statement indicating that a federal investigation is in the works. “The Justice Department and the U.S. Attorney’s Office for the Northern District of California have been closely monitoring the local prosecution of this case,” a USDOJ prepared statement notes. “Now that the state prosecution has concluded and consistent with department policy, we will thoroughly review the prosecution and its underlying investigation to determine whether further action is appropriate.”

BART settled a civil lawsuit filed on behalf of Grant’s daughter in January that is likely to total $5.1 million, according to civil rights attorney John Burris’ website. Two other lawsuits, one on behalf of Grant’s mother and one on behalf of five other men on the Fruitvale station platform that night, have been consolidated into a single trial that will begin in May 2011, Burris told the Guardian.

Meanwhile, Grant’s death marked just one of three police shootings that occurred Jan. 1, 2009 — the other two cases also sparked allegations of civil-rights violations, since both victims were African American men. Adolph Grimes, 22, was fatally shot 14 times, including 12 times in the back, by a group of New Orleans police officers, who erroneously believed he was a suspect who’d fled the scene of a shooting.

The same night, Robert Tolan, 23 — the son of a Major League Baseball player — was shot and seriously injured outside his home in an upscale Houston suburb by a police officer who mistakenly believed Tolan had stolen the vehicle he was driving. Sgt. Jeffrey Cotton, the white officer who shot him, was ultimately acquitted.

 

CREATIVE OUTLET

Not everyone in Oakland reacted to Mehserle’s sentence by charging through the streets. The Oscar Grant Foundation, which facilitated live art performances at Frank Ogawa Plaza Nov. 5, is calling for youth groups, Bay Area schools, and adults to participate in an art and poetry showcase inspired by Grant. Information can be found online at IamOscarGrant.org. The foundation is advertising a $1,000 grand prize. Three artists from the Trust Your Struggle Collective didn’t wait to join a contest, however, and spent the afternoon of Nov. 5 adorning plywood covering the Youth Radio building windows at 17th Street and Telegraph Avenue, a few blocks from Frank Ogawa Plaza.

The mural displayed a prominent image of Grant holding his daughter, Tatiana, who was four years old when Grant was killed. The pair are flanked by the names and figures of more than 20 people killed by police.

“We asked the youth inside what they wanted to see,” Miguel Perez, an artist with the Trust Your Struggle Collective, told the Guardian as he looked over the mural. “They said they wanted to see the names of people killed by police nationwide, not just in the Bay Area. The list is so huge, it’s hard to pick out specific names.”

Perez said Trust Your Struggle is a group of artists and educators with social-justice backgrounds who create art as activism. “Being a person of color, I’ve had racist stuff said to me by the police,” Perez said. “It seems like it’s slowly been changing for the past hundreds of years, but it’s still not enough — enough being fairness.” *

Film Listings

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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Peter Galvin, Max Goldberg, Dennis Harvey, Johnny Ray Huston, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. The film intern is Ryan Prendiville. For rep house showtimes, see Rep Clock. For first-run showtimes, see Movie Guide at www.sfbg.com. For complete film listings, see www.sfbg.com.

OPENING

The Blue Tower Smita Bhide’s debut film, The Blue Tower, part of the 3rd I South Asian International Film Fest, begins with Mohan (Abhin Galeya) in the sort of loveless marriage that has become a standard cliché. It’s unnecessary to give any reason why the relationship is failing; as a viewer I accept it just as easily as I realize that with the introduction of Judy (Alice O’Connell), a young white nurse working for Mohan’s overbearing Auntie, Mohan will have an affair. However, this predictable fare, like a straight version of My Beautiful Laundrette (1985), takes a dark turn about halfway through, as every character and plot point emerges as more nefarious and twisted than originally imagined, and Mohan finds himself in a situation full of Lynchian perversion and Kafkaesque disorientation. The boldness and speed at which developments occur shifts the deadpan, suburban drama into a black-humored, grotesque ride — the sort you half want to stop, and you half want to see where it’s going. (1:25) Castro. (Prendiville)

*Brutal Beauty: Tales of the Rose City Rollers Focusing on Portland-based league Rose City Rollers, Chip Mabry’s Brutal Beauty offers some insights into the recent roller derby revival. The documentary follows the league travel team’s attempt to make it to Nationals over the course of the 2009 season. Ultimately though, the narrative really isn’t all that exciting (spoiler alert: they don’t make it very far). The real heart of the movie lies in the backgrounds and interviews of the tatted-up, foul-mouthed, dyed-haired derby girls from teams like the Break Neck Betties and Guns ‘N’ Rollers. Their personalities and stories of how derby helped shatter their ideas of self-expression and traditional gender norms helps keep the majority of the film’s 80-minute running time interesting, even when the action is not. (1:20) Red Vic. (Landon Moblad)

Butte, America: The Saga of a Hard Rock Mining Town This documentary follows the life and death of a great American mining town, following Butte, Montana’s rise as a mining town through to its inevitable environmental collapse. Once home to one of the world’s largest (and most dangerous) copper mines, Butte saw an influx of immigrants drawn to “the richest hill on earth.” Its story is definitely rich in terms of subject matter, particularly with the town’s role in the labor struggle; it could easily be the background for great early 20th century stories (as is the case with Atlantic City in HBO’s current Boardwalk Empire). But Butte, America is decidedly not cinematic, despite the voice-over narration by Gabriel Byrne, and is better suited to PBS than the big screen. (1:06) Victoria. (Prendiville)

Carlos Carlos, Olivier Assayas’s biopic of Ilich Ramírez Sánchez, a.k.a. Carlos the Jackal, begins with a warning, that while the film is the subject of historical and journalistic research, “relations with other characters have been fictionalized.” In other words: there be contradictions ahead. But I suppose that’s the least you can expect when you’re watching a 330 minute theatrical miniseries that gives the rock ‘n’ roll biopic treatment to a terrorist who, under an alias, professes “the pleasure of doing one’s duty in silence.” Much of this is intentional, questioning the convictions of extremists. One particularly well-shot scene involves Carlos (Édgar Ramírez) sexually dominating a cell member, only moments after she admits to being a German feminist. After about four hours, though, the intellectual irony begins to feel more like a filmmaker attempting to cover his bases. Carlos is an idealist, but also a sellout. An egalitarian revolutionary, but also a sexist bigot. (And so vain.) Still, the film, full of actors speaking a bevy of languages and propelled by a international punk rock soundtrack, manages to be engaging. Keep in mind, though, that the miniseries was originally aired in three parts, and viewing Carlos in one sitting should be left to the cinemasochists. (5:30) Sundance Kabuki. (Prendiville)

Due Date Robert Downey Jr. and Zach Galifianakis star in this Todd Phillips-directed road trip movie. (1:35) Four Star, Presidio, Shattuck, Sundance Kabuki.

*Fair Game Doug Liman’s film effectively dramatizes yet another disgraceful chapter from the last Presidential administration: how CIA agent Valerie Plame (Naomi Watts), who’d headed the Joint Task Force on Iraq investigating whether Saddam Hussein had WMDs, was identified by name in the Washington Post as a covert agent — thus ending her intelligence career and placing many of her subordinates and sources around the world in danger. This info was leaked to the press, it turned out, by highest-level White House officials as “punishment” for the New York Times editorial former ambassador Joe Wilson (Sean Penn) — Plame’s husband — wrote condemning their insistence on those WMDs to justify the Iraq invasion by then already well in progress. (The CIA task force had also found zero evidence of mass-destruction weapons, but Bush and co. chose to come up with their own bogus “facts” to sway US public opinion.) Purportedly, Karl Rove clucked to CNN’s Chris Matthews that Wilson’s awkwardly-timed dose of sobering truth rendered his spouse “fair game” for exposure. Unfortunately opening here several days after it might theoretically have done some election-day good — not that many Republican voters would likely be queuing up — Fair Game may be a familiar story to many. But its gist and details remain quite enough to make the blood boil. While the political aspects are expertly handled in thriller terms, the personal ones are a tad less successful. That’s partly because we never quite glimpse what brought these two very busy, business-first people together; but largely, alas, because so many of Wilson’s diatribes come off all too much as things that might be said by Sean Penn, Rabble-Rouser and Humanitarian. This is perhaps a case of casting so perfect it becomes a distracting fault. (1:46) Embarcadero, Sundance Kabuki. (Harvey)

For Colored Girls Sprinkling many tears and Janet Jackson’s blue steel throughout his high-camp, muy melodramatic adaptation of Ntzoke Shange’s For Colored Girls Who Have Considered Suicide When the Rainbow Is Enuf, Tyler Perry deserves at least an E for effort in attempting to bring Shange’s choreopoem masterpiece to the screen. The result is a free-floating, somewhat tortured contemporary collection of vignettes centered on a clutch of African American women residing in an Harlem apartment building — a structure that remotely evokes an early Wong Kar-Wai omnibus like Days of Being Wild (1991), sans the narrative ambiguity and sublime cinematography — with its “colored girls,” each representing a hue in Shange’s rainbow, occasionally pouring out the poet’s original verse. Crystal (Kimberly Elise) appears to have it the hardest, burdened with an abusive baby daddy (Michael Ealy), a veteran dealing with Post Traumatic Stress Disorder. Dance teacher Yasmine (Anika Noni Rose) is the beacon of positivity who finds her trust horribly betrayed. Tangie (Thandie Newton) is the saucy slut, baby sister Nyla (Tessa Thompson) is the good girl with a secret, and their mother Alice (Whoopi Goldberg) is the building’s extremely annoying holy roller. Overseeing all is the apartments’ de facto matriarch Gilda (Phylicia Rashad), safe sex activist Juanita (Loretta Devine), and social worker Kelly (Kerry Washington). Oh, yes, and there’s Miss Jackson, who plays the leather-tough, magazine-editing devil wearing Prada, and spends most of her time looking wrecked about possibly ruining her makeup with an actual facial expression. Yes, they will survive, hey, hey, and though Perry may not have been the best moviemaker to adapt Shange’s groundbreaking work, a few of his players, particularly Newton and Elise, rise above the rainbow with wrenching, scene-stealing performances. (2:00) (Chun)

Honest Man: The Life of R. Budd Dwyer Everyone of a certain age or with morbid curiosities has heard of R. Budd Dwyer, thanks to the very public way he died — by committing suicide at a televised-live press conference. The 1987 footage, of a portly middle-aged man with anguish in his eyes and a finger on the trigger, has been recycled in a number of contexts; thanks to the internet, it’s now freely viewable for shock value more than anything else (the incident created a controversy as to how much should be shown during news replays — when Dwyer takes out the gun? When he sticks it in his mouth?) Along the way, who Dwyer was, and why he shot himself, have kind of been lost by the general public. However, as director James Dirschberger discovers, the Pennsylvania politician’s widow, children, colleagues, and even the man whose testimony lead to a conviction in Dwyer’s corruption trial have never forgotten him. Honest Man suggests that Dwyer was actually innocent, but decided in despair to end his life before he’d been removed from office, thus allowing his family to collect full benefits. The full story will probably never be known, but Honest Man‘s attempts to show the man behind the gruesome film clip are sincere, if couched in the understanding that he’ll always be first associated with his infamous, well-documented death. (1:16) Red Vic. (Eddy)

*Megamind Be careful what you wish for, especially if you’re a blue meanie with a Conehead noggin and a knack for mispronunciation and mayhem. Holding up hilariously against such animated efforts as The Incredibles (2004) and Monsters, Inc. (2001), Megamind uses that nugget of wisdom as its narrative springboard and takes off where most superhero-vs.-supervillain yarns end: the feud between baddie Megamind (voiced by Will Farrell) and goody-two-shoes Metro Man (Brad Pitt) goes waaay back, to the ankle-biter years. They’ve battled so often over intrepid girl reporter Roxanne Ritchi (Tina Fay) that she’s beyond bored by every nefarious torture device and disco crocodile the Blue Man throws at her. When Mega finally, unexpectedly vanquishes his foe, he finds himself with a bad case of the blues. With the help of his loyal Minion (David Cross), he decides to change the game and create his own worthy opponent, who just happens to be Roxanne’s schlubby cameraman (Jonah Hill). Chortles ensue, thanks to the sarcastic sass emanating from the Will and Tina show, although the 3-D effects seem beside the point. The resemblance to this year’s Despicable Me is more than a little passing, from the bad guy on the moral turnaround to the adorable underlings, but Megamind‘s smart satire of comic hero conventions, its voice actor’s right-on riffs, and the rock and pop licks on the soundtrack make it the nice and nasty winner. (1:36) Presidio, Sundance Kabuki. (Chun)

*Monsters After a NASA space pod bearing samples of extraterrestrial life crashes in northern Mexico, a large swath of the now massively walled-off U.S. border area becomes an “Infected Zone,” with frequent unpleasant contact between humans and giant octopus-like creatures. Photographer Andrew (Scoot McNairy) is reluctantly charged with delivering his publisher’s daughter Sam (Whitney Able) to safety. Unfortunately, things do not go as planned. The duo find themselves making a dangerous journey northward straight through the Zone, right at the start of an annual “migration season” that always makes the critters especially ornery. Just as 2009’s District 9 commented obliquely on Apartheid, Gareth Edwards’ feature similarly riffs on our own illegal-alien debate. But there’s no need to look for deep meanings here. Taken as a slow build (sometimes a little too slow) toward the inevitable perils, Monsters is a successfully low-key, lower-budget spin on aspects of The War of the Worlds, Cloverfield (2008), The Mist (2007), etc. Those looking for lots of graphic horror-fantasy content may be frustrated, but on its own terms the film is creepy and credible enough. (1:33) California, Lumiere. (Harvey)

*36 Quai des Orfèvres It’s taken six years for this major French policier to get a proper U.S. release, which is a little strange considering its genre appeal and lack of conflict with an English-language remake (Martin Campbell, director of 2006’s Casino Royal, might make one within the next couple years). Leaving for another post, Paris’ Chief of Police (Andre Dussolier) wants to wrap things up tidily before he goes, and that means nailing the violent gang that’s been robbing armored trucks and killing their guards. Though he’d prefer his post be inherited by the honorable Leo Vrinks (Daniel Auteil) rather than the latter’s ex-friend, shamelessly ambitious and underhanded Denis Klein (Gerard Depardieu), internal politics necessitate he give it to whichever man and his team end this crime spree. When a con (Roschdy Zem) gives Vrinks a tip — albeit under seriously compromising, blackmail-ready circumstances — it seems the murderous gang will be caught under his supervision. Drunk and raging with envy, Klein pulls a stunt that has catastrophic consequences. Yet a chance windfall allows him to turn things to his advantage, and greatly against Vrinks. To a point the story is very loosely inspired by events that actually occurred in the mid-1980s, when director-writer Olivier Marchal was a Parisian cop. His script (penned in collaboration with three others) is intricate and dramatic, with some startling twists of fate; the casting, which includes a number of other leading French actors, is impeccable. 36 has been called a Gallic Heat — though it lacks the visually and thematically epic, larger-than-life qualities Michael Mann provided that film. Which leaves it a very good story competently executed, but not the great movie it could have been. (1:51) Roxie. (Harvey)

Tibet in Song It’s often a bad sign when directors are subjects in their own documentaries. With Tibet in Song, Ngawang Choephel has good cause to disprove this theory. In 1995, he returned to Tibet for the first time since fleeing with his mother as a child. An ethnomusicologist and Fulbright scholar, he wanted to record traditional Tibetan music. Instead he was arrested, lost half his footage, and charged with spying, eventually serving six years in jail. Tibet in Song is the completion of his original project, and although the director does give due attention to the circumstances of his own story, it’s always within the larger context of the music, as a culture is being held captive by Chinese pop and propaganda. As Choephel argues that the traditional Tibetan music has been manipulated to change the country’s identity generation by generation, we don’t just hear the music, but understand what it means. (1:26) Lumiere, Shattuck. (Prendiville)

ONGOING

Cairo Time (1:29) Opera Plaza.

Conviction (1:47) Empire, Piedmont, SF Center.

*Easy A (1:30) Shattuck.

Enter the Void (2:17) Lumiere.

*The Girl Who Kicked the Hornet’s Nest If you enjoyed the first two films in the Millennium trilogy — 2009’sThe Girl With the Dragon Tattoo and The Girl Who Played With Fire — there’s a good chance you’ll also like The Girl Who Kicked the Hornet’s Nest. Based on the final book in Stieg Larsson’s series, the film begins shortly after the violent events at the conclusion of the second movie. There are brief flashes of what happened — the cinematic equivalent of TV’s “previously on&ldots;” — but it’s likely an indecipherable jumble to Girl first-timers. Hornet’s Nest presents the trial of Lisbeth Salander (Noomi Rapace), the much-abused, much-misunderstood, entirely kick-ass protagonist of the series. With the help of journalist Mikael Blomkvist (Michael Nyqvist) and his sister Annika (Annika Hallin) as her lawyer, Lisbeth finally gets her day in court. The conspiracy that drives the story is somewhat convoluted, and while it all comes together in the end, Hornet’s Nest isn’t an easy film to digest. Still, it’s a well-made and satisfying conclusion to the trilogy — as long as you caught the beginning and middle, too. (2:28) Bridge, Embarcadero, Piedmont, Shattuck, Smith Rafael. (Peitzman)

Hereafter (2:09) Empire, Marina, 1000 Van Ness, SF Center, Shattuck, Sundance Kabuki.

Inside Job (2:00) Embarcadero, Shattuck, Sundance Kabuki.

It’s Kind of a Funny Story (1:51) 1000 Van Ness, Shattuck.

*Jackass 3D (1:30) 1000 Van Ness.

*The Kids Are All Right (1:47) Red Vic.

*Leaving Few beauties — French, English, French-English, or otherwise — have managed the transformation Kristin Scott Thomas has, in using her considerable beauty to convey unfathomable hunger. In this romantic thriller with a touch of Madame Bovary and more than a dab of noir, Scott Thomas is Suzanne, the efficient if somewhat taken-for-granted wife of a doctor (Yvan Attal, director of 2001’s My Wife Is an Actress and Charlotte Gainsbourg’s partner), whose marriage resembles a business arrangement more than a love match. The couple enlist Catalan ex-con Ivan (Sergi Lopez) to build an office for her budding physical therapy practice, and after a minor car accident, Ivan falls into Suzanne’s care, and as she grows to care more deeply about him, an affair begins. Director Catherine Corsini’s tough-eyed look at what follows — concerning the economics of marriage and the price of one woman’s individuation and passionate choices — calls to mind women’s melodramas of the ’40s and ’50s, though Corsini renders her oft-told tale of awakening with considerably less heavy-handedness and minimal condescension. That approach and Scott Thomas’ performance — the movie almost turns on the motionless, slowly evolving look in Suzanne’s eyes when she realizes what she must do — makes Leaving a departure from your average coming-of-liberation romance. (1:30) Albany, Clay. (Chun)

Let Me In (1:55) Four Star.

Life as We Know It (1:52) 1000 Van Ness.

*Mademoiselle Chambon (1:41) Opera Plaza.

My Dog Tulip (1:22) Smith Rafael.

Never Let Me Go (1:43) Four Star, Lumiere.

*Nowhere Boy (1:37) Opera Plaza, Shattuck.

Paranormal Activity 2 (1:45) California, 1000 Van Ness.

Red (1:51) 1000 Van Ness, SF Center, Sundance Kabuki.

Saw 3D (1:31) 1000 Van Ness.

*Secretariat (1:56) 1000 Van Ness, SF Center.

*The Social Network (2:00) Empire, Marina, 1000 Van Ness, Sundance Kabuki.

Stone (1:45) Opera Plaza.

The Town (2:10) 1000 Van Ness, Presidio, SF Center, Shattuck.

*Waiting for “Superman” (1:51) Piedmont, SF Center, Shattuck.

Wall Street: Money Never Sleeps (2:13) Presidio.

You Will Meet a Tall Dark Stranger (1:38) Albany, Opera Plaza, Presidio.

The Sit Lie Posse can “liberate” a billboard in 10 minutes

A press release went out yesterday announcing that a group called the Sit Lie Posse had “liberated” six billboards and 60 bus shelters with original artwork in opposition to Proposition L, San Francisco’s proposed sit / lie ordinance. The posters bear three different images, including one featuring a “Gascon-topus,” illustrated with the face of San Francisco Police Chief George Gascon and the body of a gigantic octopus. Gascon is a strong advocate for the ordinance, which would ban sitting and lying down on San Francisco sidewalks.

While members of the posse did not provide a phone number or reveal their true identities, the Guardian did manage to get in touch via email with a spokesperson of the posse, who goes by the name Jim Rawley.

Rawley says he chose his name in honor of the character from John Steinbeck’s The Grapes of Wrath, who manages the utopian Weedpatch camp and treats the impoverished Joad family with dignity and respect. Rawley also reveals the technique the Sit Lie Posse uses to liberate bus-shelter ads, and tells us how long it takes for the crew to put up displays of their artwork throughout the city. A few of our questions and answers appear below.

San Francisco Bay Guardian: Does the Sit Lie Posse have a budget? If so, how much?
Jim Rawley: The Sit Lie Posse is a volunteer group unaffiliated with any electoral campaign. We made our guerrilla ads by hand and paid for our materials out of pocket. It cost us $150 to liberate six billboards and 60 bus shelter ads.

 
SFBG: How long does it take to liberate a billboard? How about a bus shelter ad? Does the posse use wheat-paste?
JR: Our billboards took about 10 minutes and the bus shelters took 2-3 minutes. We accessed the bus shelters using a master key and attached our work with Velcro, the industry standard for bus shelters because of quick, easy insertion. We attached our billboards with wheat-paste. Despite the efforts of Clear Channel and a heavy rainstorm, our bus shelters and billboards are still up.

 

SFBG: The Sit / Lie Posse has created quite a stir. C.W. Nevius writes in this morning’s column: “Opponents are attempting to make a comparison with the civil rights movement in the South in the ’50s and ’60s. Apparently their view is that an unkempt panhandler camping on the sidewalk equates to the Freedom Riders opposing racial discrimination. Weird.” What would you say to Nevius in response?

 JR: We expected that the Chronicle would try to ridicule, belittle and smear our work, especially since C.W. Nevius and his advocacy columns instigated Prop L. In the 1950s and 60s civil rights workers were maligned by the mainstream press, harassed by the police and subject to physical violence. It takes time for social movements to gain legitimacy in the eyes of the state and the corporate media. In their own words, Chronicle columnist C.W. Nevius and Police Chief George Gascon have said that Prop L enforcement would exclude tourists and center on the homeless. Regardless of your opinion on homelessness, it’s clearly discrimination when the law is based upon a person’s appearance and applies only to certain groups – the poor and people of color. Even more so when the stated intent of the enforcement is to drive certain people out of a neighborhood. This is San Francisco’s kindler, gentler version of Jim Crow segregation.

 

SFBG: What was the inspiration behind the Gascon-topus?

JR: We came up with the Gascon-topus as a reference to sci-fi movie posters. Prop L will give unchecked power to the police to conduct unconstitutional searches and arrests. In the face of such a monstrous attack on civil liberties, we wanted to respond with wit, humor and satire.

 

SFBG: Why do you think it’s important to fight against expanded policing in public space?

JR: It’s important to fight additional policing in pubic space to preserve our civil liberties and to save the character of San Francisco. Most San Franciscans don’t want to sacrifice the city’s diversity and rebellious creativity in order to recreate San Francisco as one massive, sanitized shopping mall with all action controlled by the police. Most San Franciscans don’t want undocumented immigrants and day laborers to be deported after a bogus bust for sitting. Most people don’t want to see the poor disqualified from government housing because they committed the crime of sitting. Most people don’t want to be subjected to unconstitutional drug searches after being detained for sitting, nor do people want to see parolees sent back to prison for the crime of sitting. Public space and civil liberties are vital to a healthy democracy. Public space is the only area beyond private property and the marketplace where San Franciscans can come together to exercise civil rights and collectively shape the future of the city. We need to defend that space and extend it against threats from wealthy business interests and their allies in government.

Alex Cox goes “Straight to Hell” (and to the Roxie)

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If you’re looking for a Halloween film fix outside of the usual slasher movies and traditional fright night fare, the Roxie’s got you covered.

Starting Fri/29 and running all weekend, the theater has a series of cult picks lined up. Friday night brings old-school sci-fi flicksThe Creature with the Atom Brain (1955) and The Man From Planet X (1951) to the screen in 35mm archival prints. Sat/30, check out the UK gore-fest Corruption (1968) or The Brood (1979), one of David Cronenberg’s first films. And on Sun/31, there will be a double Halloween dose of director Alex Cox, with Straight to Hell Returns (2010) and Searchers 2.0 (2007), complete with an appearance from Cox himself.

A cult favorite due to his work directing Repo Man (1984) and Sid and Nancy (1986), Cox originally released Straight to Hell in 1987. This updated version includes technical touchups in both sound and color design, and also features deleted scenes with “enhanced violence and cruelty.” A surreal cast with the likes of Joe Strummer, Elvis Costello, Dennis Hopper, Courtney Love, and Jim Jarmusch populates this bizarre, darkly comic mash-up of crime and spaghetti Western genres. The film follows a group of criminals who take cover in what they believe to be a deserted ghost town after robbing a bank. Instead, they soon find the town full of seedy shopkeepers, violent punk rock banditos, and jittery locals with a coffee obsession.

Strummer is probably the best of the “non-actor” bunch, pulling off his role as one of the crooks in believable enough fashion. Courtney Love on the other hand puts in an obnoxious performance that may have been Roseanne Barr’s National Anthem inspiration at the 1990 Super Bowl. Irish-punk band the Pogues (who also co-star) provide a strong score full of mariachi-style flourishes, which sets the scene for the film’s send-ups of shootouts and tough guy bravura.

Straight to Hell’s plot is scattered at best and often doesn’t make a lick of sense, but that’s not where its appeal lies anyway. The film’s charm is in the loose, DIY-style of its creation. It also seems to have been a huge inspiration on Quentin Tarantino, who must have lifted his ideas for Samuel L. Jackson’s character in Pulp Fiction straight from Sy Richardson’s performance as Norwood. It all isn’t quite as fun to watch as it must’ve been to make, but fans of freewheeling filmmaking will still find a lot to enjoy.

“Halloween Spooktacular”

Fri/29-Sun/31

Roxie

3117 17th St, SF

(415) 863-1087

www.roxie.com

 

French Cinema Now! Two to see — and one to avoid

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The San Francisco Film Society’s “French Cinema Now” kicks off Thurs/28 with a week of spankin’ new Gallic films. Not sure which flick to choose, budding Cahiers du Cinéma contributor? Read on for a batch of brief reviews.

Copacabana (dir. Marc Fitoussi) It feels strange to call Copacabana subtle, especially when the film’s main character Babou (Isabelle Huppert) is consistently over-the-top. But this is a slight comedy, a character study to showcase Huppert’s considerable talent. Not that there’s anything wrong with that. Copacabana depends on its strong lead, and there are few stronger than Huppert, one of the most dynamic and adaptive French actors working today. Babou is aloof and frustrating but also warm and well-intentioned. The film follows her struggle to start a new career and prove herself to her daughter Esmeralda, played by Huppert’s real-life offspring Lolita Chammah. The plot is a bit unfocused, as Babou ventures off to Belgium to sell timeshares for a suspect company. But Huppert keeps Copacabana grounded, creating an experience that’s richly rewarding albeit unconventional. While the film doesn’t delve deeply into her fraught relationship with Esmeralda, we know enough to care. Babou may be one of Huppert’s lighter characters, but that doesn’t make her any less captivating. Thurs/28, 6:45 p.m.; Fri/29, 9:30 p.m.

Rapt (dir. Lucas Belvaux) At first glance, Rapt is your traditional kidnapping drama, with wealthy industrialist Stanislas Graff (Yvan Attal) held captive for a hefty ransom — 50 million euro, to be precise. The relationship between Stan and his brutal kidnappers is interesting, but Rapt’s most engaging scenes focus on the way Stan’s family and business partners respond to his plight. This isn’t the average high-stakes crime thriller, in which the loyal wife will go to any means necessary to get her husband back. Instead, the family argues over how much to pay — they haggle for Stan’s life. And in his absence, he’s revealed to be a philanderer, a gambler, and kind of a jerk. Attal is well cast as Stan — at times, he is both sympathetic and reprehensible. But those left behind command more attention: his all-too-understanding wife Francoise (Anne Consigny) and his ambitious assistant Andre (Andre Marcon). Rapt is an impressive addition to the genre, using kidnapping to tell a story more original than what one might expect. Thurs/28, 9:30 p.m.; Mon/1, 9:15 p.m.

Irene (dir. Alain Cavalier) Irene is the definition of passion project, an incredibly personal film about director Alain Cavalier’s deceased wife. It’s a tough movie to criticize, in that Cavalier clearly poured his heart and soul into it. But Irene is, frankly, a self-indulgent mess, the kind of movie no filmmaker should be allowed to make. Cavalier talks incessantly, adopting a throaty whisper that might be intended to give him gravitas but mostly ends up grating. His love for his subject is apparent throughout, but the navel-gazing is completely unbearable. For over 80 minutes, Cavalier reads through excerpts from his diary, relives the day his wife died (nearly 40 years in the past), and obsesses over peculiar minutiae. In one of Irene’s strangest scenes, Cavalier reenacts his birth using an egg and a watermelon. The whole enterprise plays out like a French art film cliché. It’s masturbatory, yes, but far worse than that — it’s boring. Fri/29, 5 p.m.; Sat/30, 1:45 p.m.

“French Cinema Now”

Oct 28-Nov. 3, $12.50

Embarcadero Center Cinema

One Embarcadero Center, Promenade Level, SF

www.sffs.org