Crime

Report blasts Newsom’s top crime advisor

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By Steven T. Jones

Former U.S. Attorney Kevin Ryan — who now heads Mayor Gavin Newsom’s Office of Criminal Justice and has steered the mayor toward more conservative positions on issues ranging from police accountability to the city’s sanctuary policy and plan to issue resident identification cards — was the subject of scathing criticism in a new Justice Department report that examined the Bush Administration’s controversial firing of several U.S. attorneys.

Unlike other attorneys who were fired for political reasons, Ryan was a Bush loyalist and self-described Republican “company man” fired for being “retaliatory, explosive, noncommunicative, and paranoid,” the report said. That was no surprise to us at the Guardian, who have written critically about Ryan before and fail to understand why Newsom hired him, particularly given what an incompetent toadie for a discredited administration he was.

Everyone but Newsom and those in his bunker seem to understand how disgraceful it is for San Francisco to be harboring a right-wing political fugitive like Ryan, let alone giving him a position of great influence. Newsom flak Nate Ballard amazingly told the Chronicle Ryan was “a man of unimpeachable integrity,” all evidence to the contrary.

“What is Nathan Ballard thinking, saying he’s a man of integrity and everything. Well, Hitler could paint,” Sup. Tom Ammiano, who has had to wrestle with Newsom’s Ryan-inspired policy flips on issues important to the Mission District, told us. Yet Ammiano noted that both the Chronicle and even the more conservative Examiner are highlighting the report blasting Ryan as the one U.S. attorney who deserved to be fired.

“In the long run, hopefully dissatisfaction with Ryan will grow,” Ammiano said. “He could become a liability for [Newsom], and only then Newsom fire him because that’s how he operates.”

What are safe streets?

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› amanda@sfbg.com

The San Francisco Streets and Neighborhoods workgroup, convened by Mayor Gavin Newsom, sat down to its seventh meeting Sept. 9 "to analyze and understand the key issues impacting safety on our streets and formulate recommendations for needed improvement with the goal of creating a safe environment on our streets for everyone."

Some of the top dogs on public safety were at the table, including Police Chief Heather Fong, fire department Capt. Pete Howes, representatives from the district attorney and public defender’s offices, and Kevin Ryan of the Mayor’s Office of Criminal Justice, who co-chairs the group.

Were they here to discuss the recent spike in shootings in the Mission District? The murder of a Western Addition teenager three days earlier? The effectiveness of gang injunctions in those neighborhoods? The upcoming march on City Hall of students from June Jordan High School demanding leadership from the mayor on the rise in violence?

Not really. A quick survey of the agenda indicated most of the talk would be focused on another great threat to public safety: homeless people.

"One of the things we never talked about is what are the specific undesirable behaviors we’re focusing on," facilitator Gary Koenig said to the group. Wielding a dry-erase marker at the whiteboard, he probed further, "In other words, the objective we set for ourselves had to do with safety on the streets. So what are the objectionable behaviors that make the street unsafe or make the street be perceived as unsafe by others?"

"Shooting people," blurted Seth Katzman, a representative from the Human Services Network, a coalition of nonprofits.

The room erupted in laughter.

"I’m going to keep bringing it up," he said, not laughing.

Koenig asked what other activities they were targeting, and a more telling picture emerged: drug dealing, aggressive panhandling, blocking the sidewalk, public urination and defecation, littering, intimidation.

"On intimidation," said Chief Fong, "if you have someone walking down the street and they’re yelling out or blasting out, sometimes they’re talking to themselves and all of a sudden, ahh! People don’t know how to respond and think that maybe there’s going to be a next step in terms of some kind of aggressive behavior."

"Would you call that scary behavior?" asked Koenig, marker poised to note.

"Just kind of unpredictable behavior in terms of how someone’s carrying themselves. They haven’t committed a crime, but …" Fong trailed off.

Koenig added "unpredictable behavior" to the list. "Remember, we’re really not talking about crimes here," he said. "We’re talking about what are we focusing on to help improve safety and the sense of safety on our streets."

That’s the real mission of the group: to make downtown more comfortable for tourists, shoppers, business owners, and condo residents; and more uncomfortable for homeless and poor people panhandling, loitering, urinating in public, acting strangely, getting loaded, or sleeping on the streets.

The group was clearly weighted toward enforcement, but coordinated with buy-in from those who demonize the homeless and those who defend them: Ryan, a law-and-order Republican, shares chair duties with the Rev. John Hardin, executive director of the homeless services nonprofit St. Anthony Foundation. Others at the meeting included Steve Falk of the San Francisco Chamber of Commerce; Heather Hoell of Yerba Buena Alliance; Joe D’Alessandro, CEO of the Convention and Visitors Bureau; Bobbie Rosenthal from Local Homeless Coordinating Board; Anne Kronenberg of the Department of Public Health; Reginald Smith from the 10-Year Council on Homelessness; Jennifer Friedenbach from the Coalition on Homelessness; Human Services Agency director Trent Rhorer; and Dariush Kayhan, the mayor’s homeless policy director.

Their ultimate goal is to come up with a handful of recommendations for a street safety pilot project that Newsom will implement in two neighborhoods within six months. The group’s task, on this day, was to weed through the list and decide what the group would endorse.

So far all the proposals have targeted poor and homeless people with enhanced services, punishment threats, and new restrictions on street life. Suggestions ranged from establishing drug-free and "VIP" zones in the downtown business and tourist areas (which came from the Chamber) to COH’s suggestion to fully fund treatment on demand. But all agreed that money is tight.

"If we did a lot of the service things, we probably wouldn’t be doing a lot of the others," Hardin noted early in the meeting, indicating the enforcement and justice items.

The mayor has not set aside any funding to implement the pilot projects, according to Kayhan. And that reality steered the group away from social services and toward crackdowns.

For example, Friedenbach suggested the chronic inebriate program run by DPH does a good job, but said that it’s underfunded and should be evaluated and expanded. Koenig asked DPH’s Anne Kronenberg if this is possible.

"You know it all comes down to money," she replied. "There’s a little disconnect going on for me. What we’re saying is good but I also know what the budget situation is in the city. That’s one [sticking point] where if we could get the mayor on board … or some other creative way of funding."

"Money is a real issue," Rhorer piped up. "So I’m thinking maybe if it’s a high cost item, we take it off the list." Yet, he added, "I totally agree the chronic inebriate program needs to be expanded to more placement facilities."

Instead, it was removed from the list.

"The problem is, if we take out some of these matters, what we’re going to be left with is enforcement ordinances and the justice system. And I think we all agreed a long time ago the idea isn’t to incarcerate people, but to get housing and services for them," Katzman complained. "It’s going to leave us with the stick and not the carrot."

Recommendations in the "stick" category included establishing "drug free zones" with enhanced penalties for dealing, using, and possession. Similar zones already exist within 1,000 feet of schools and parks in San Francisco, but have been implemented more broadly in other cities.

After discussing the constitutionality of making one street corner drug-free but not others, some suggested folding it in with another idea on the list: VIP zones.

"What does VIP stand for?" someone asked.

"Very Important Person," someone else answered.

"How about B and T? Business and tourism zones?" Rhorer suggested. "Marketing of VIP sounds a little more difficult."

According to the description on the meeting agenda, VIP zones would be established around downtown, the Yerba Buena center, Fisherman’s Wharf, Chinatown, and Union Square as areas subject to "special enforcement of drug laws, aggressive panhandling, sitting/lying on sidewalks" and other "quality of life crimes."

Defending the idea, D’Alessandro said, "Just from our perspective, tourism generates $500 million a year in local taxes that fund a lot of the programs we’re talking about at this table. And we’re very threatened. We’ve lost a lot of business." He said one convention bailed because a visitor was spit on.

"There’s obviously huge problems with this. It’s specifically targeting people because of their status, their housing status," Friedenbach said, sarcastically suggesting they have a registration for homeless people entering certain areas of the city.

"I think we have to separate aggressive panhandling and blocking thoroughfares from poverty," D’Alessandro said. "This is not targeting poor people."

"When you say sitting and lying on the sidewalk, that is targeting people who don’t have a place to sit," Friedenbach countered.

"Maybe we don’t do this unless we provide places to sit," D’Alessandro replied."

"Like more drop-in centers," Rhorer offered.

But temporary places to sit and sleep don’t seem like part of Newsom’s vision. Since he took office, more than 400 shelter beds have been lost. In March, Newsom defunded the only city-funded 24-hour drop-in center serving both men and women.

By the end of the meeting, many of the ideas for enhancing services remained in play, like ramping up Project Homeless Connect and the Homeless Outreach Teams, as well as more drop-in centers, housing, and job programs. All of the law enforcement–oriented changes were still on the list, including implementing the drug-free and VIP zones.

Speaking afterward, Katzman returned to the issue of what defines safety, and for whom. "We have tenants and clients in the Tenderloin who are afraid to go out of their buildings at night because of drug-related violence. They’re not complaining to us about people peeing on the streets," he said. "No one likes it, but that’s not the big issue right now."

Vicious circle

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› sarah@sfbg.com

The Mission District has been swarming with police officers lately. They were present and visible in large numbers in recent weeks in an effort to stem a recent tide of mostly drug- and gang-related killings in the heavily immigrant neighborhood.

"When 14, 15, and 13-year olds are running around with guns, we have a serious problem," San Francisco Police Chief Heather Fong said at a recent press conference as she urged the community to call 911, or the police department’s anonymous hotline, to report suspected shooters.

"All these people come from families, and these family members may hear or know something, or see a change in behavior," Fong said.

But community advocates warn that Fong’s boss has made it less likely that immigrants will talk to the police. Since Mayor Gavin Newsom’s recent decision to notify immigration authorities the moment the city books undocumented juveniles accused of committing felonies, fear that the Sanctuary City laws are eroding may be driving the very sources Fong needs deeper into the shadows.

Shannan Wilber, executive director of Legal Services for Children, told us that the new policy is already having an impact.

"It’s a warning sign that no one is safe, that people can’t go to Juvenile Hall and pick up their kids, because they’ll be swept up by ICE, too," Wilber told us. "People are saying, We don’t feel safe reporting a crime we witnessed or were a victim of.’<0x2009>"

Mission Captain Stephen Tacchini told the Guardian last week that he’s not hearing that the community is clamping up because of the mayor’s newfound willingness to send juveniles to the feds for possible deportation. But he acknowledged that he doesn’t know the immigration status of folks who talk to the police at meetings and on the street.

"How many undocumented aliens come forward and assist us?" he asked. "Well, it’s possible they use the anonymous tip line."

PROTECTING PUBLIC SAFETY?


In an Aug. 8 San Francisco Chronicle op-ed, Newsom wrote, "the underlying purpose of the sanctuary-city policy is to protect public safety."

First signed into law in 1985, the city’s sanctuary ordinance designated San Francisco a safe haven for immigrants seeking asylum from war-torn El Salvador and Guatemala. The city extended the policy to all immigrants in 1989, saying it would not use resources or funds to assist federal immigration law enforcement, except when required by federal law.

Over the years, the city’s sanctuary legislation was amended to allow law enforcement to report felony arrests of suspected undocumented immigrants. City officials, however, came to believe that state juvenile law prevented them from referring undocumented juveniles to the federal authorities.

The city’s decision not to notify Immigration and Customs Enforcement about undocumented juvenile felons came under the media spotlight this summer when someone leaked to the Chronicle that the city had used tax dollars to fly undocumented Honduran crack dealers home. Some convicts were sent to group homes in San Bernardino County, and the city was left empty-handed and red-faced when a dozen ran away.

When the Chronicle articles hit, Newsom, who had just filed to explore a run for governor, claimed that the city could do nothing — the courts had jurisdiction over undocumented juvenile felons.

But the next day, Newsom did an abrupt about-turn.

"San Francisco will shift course and start turning over juvenile illegal immigrants," Newsom said. "We are moving in a different direction."

But the public was left in the dark about how far this new direction would veer until Sept. 10, when Siffermann unveiled details at a Juvenile Probation Commission meeting.

Community-based organizations and immigration rights attorneys complained that the policy ignored all but one of the recommendations they made in July and August to Siffermann, city administrator Ed Lee, and Kevin Ryan, a fired former US Attorney whom Newsom tapped to head the Mayor’s Office of Criminal Justice in January.

Angela Chan of the Asian Law Caucus warned the commission that the policy, which has already resulted in 50 juveniles being referred to ICE, may result in the deportation of young people who had not committed any crime, or whose felony charges were dropped.

Community organizer Bobbi Lopez asked commissioners, "Why do we have a political will to demonize these kids who have been trafficked into this country?"

And Francisco Ugarte, a lawyer with the San Francisco Immigrant Legal and Education Network, said the policy is akin to "rounding up all of Wall Street because there are bankers involved in insider trading."

The commission decided to form an ad hoc committee to review the policy, but the immigrant advocates and attorneys we contacted expressed little hope of change, given the impending presidential election and Newsom’s gubernatorial ambitions.

Some went so far as to suggest that the Joseph Russoniello, who opposed churches and synagogues offering sanctuary to Salvadorans and Guatemalans in the 1980s, and became the US Attorney based in San Francisco in January 2008, had drafted the mayor’s new policy.

Patti Lee of the Public Defender’s Office noted that the Mayor’s Office did not discuss the policy changes with her office, the courts, the prosecutors, or the people involved in immigration litigation.

Claiming that 99 percent of kids arrested in the city are not violent felons, Lee said, "They are mostly engaged in drug sales to survive and to send money back to their families."

Probation chief Siffermann defended the new policy direction. "Just because ICE is notified about suspected undocumented juvenile felons doesn’t mean they will be deported," Siffermann told us. "I know there’s a fear that this will open an automatic trap door to horrendous facilities and poor conditions, but this is not about dropping kids off in the middle of nowhere. What we are talking about includes outreach for families with adolescent members on the road to a delinquent involvement, whose actions call attention to the entire family situation."

Reached by phone, Russoniello told us, "If the city had scrupulously followed the ordinance as it’s written, there would not have been this controversy."

POLITICAL AGENDA?


Russoniello claimed that ICE’s first concern is people engaged in criminal activity, and agreed that in some cases, petitions may not be sustained against juveniles referred to ICE.

"But ICE may determine that the person is a member of a gang or engaged in regular criminal behavior," Russiniello added.

Russoniello also told us that the city is probably looking at its past files on undocumented juvenile felons to determine its own liability.

"Certainly, if people who are now adults were committing heinous crimes as juveniles, people are going to be wondering why they weren’t deported," Russoniello said, alluding to a June 22 triple homicide in which three members of the Bologna family were shot while returning home from a picnic.

Allegations emerged in July that the prime suspect in that killing, Edwin Ramos, 21, was an undocumented MS-13 gang member who committed felonies and went through the city’s juvenile system, but was never referred to ICE. That further embarrassed Newsom.

Kris Kobach, a one-time counsel to former US Attorney General John Ashcroft and the current Kansas Republican Party chair, is representing several surviving members of the Bologna family, who filed suit against the city claiming its sanctuary policies were a "substantial factor" in the slaying and blaming the Juvenile Probation Department for adopting "official and unofficial policies."

Russoniello claims that a review of monthly records that JPD has kept since 2004 show an uptick in alleged juvenile Honduran felons, and that this should have been a tip-off. "Are people gaming the system, or are organized groups taking advantage of the city’s leniency?" Russoniello asked.

Noting that 30 percent of these so-called teens were in fact adults and that significant numbers of gang members are "illegal aliens," Russoniello claims that the spur to shift policy was the city’s attempt to transport people back to Honduras in December 2007, which was brought to his attention in January, when he took office.

"We attempted to remedy it quietly, without much success," Russoniello recalls. "The city decided to send people to group homes. If you want to find a political agenda, look to the Mayor’s Office."

Calls to Ryan remained unanswered as of press time, but mayoral spokesperson Nathan Ballard e-mailed us that Newsom ordered a new policy direction May 22 "because he felt the old policy violated the intent of a sanctuary city, which is to promote cooperation by undocumented residents with law enforcement, not to harbor criminals."

The city attorney issued an opinion authorizing notification on July 1, Ballard wrote. Notification began July 3, and written protocols were publicly presented Sept. 10.

As for Russoniello’s comment about political agendas, Ballard retorted, "This isn’t about politics, it’s about public safety. In order to preserve the sanctuary city policy, we need to ensure that it complies with state and federal law so that it is not vulnerable to attack."

A safe sanctuary city

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› news@sfbg.com

OPINION Amid a sea of reporters, I sat in a community meeting in the Mission District last week as city officials struggled to address the rash of homicides that have occurred in the past two weeks. As we listened to the endless chatter, I was greatly dismayed because we were avoiding the elephant in the room — the complete lack of trust between the police department and our communities of color.

I fear that that the relationship between communities of color and the police department has deteriorated beyond repair — in part because of the San Francisco Chronicle‘s xenophobic and inflammatory headlines.

It has been two months since the Chronicle began its skewed campaign of blame, pointing the finger at SF’s Sanctuary City laws as responsible for the rise in crime in San Francisco. The paper limited its coverage to the most extreme cases, such as undocumented homeless youth forced to traffic in narcotics. The stories failed to mention that immigrants are statistically less likely to become involved in crime — and when victimized, are less likely to report the crime.

Now we have gutted our sanctuary-city status with a new policy — one requiring police and probation officers to report detained youth to immigration officials if they even suspect that the detainees are undocumented. There are already reports that the police are arbitrarily stopping and ticketing young Latino males for trivial infractions such as "rosaries obstructing car views" as part of their Violence Prevention Traffic Unit work.

This new policy mandates that we refer immigrant youth charged with felonies to deportation proceedings prior to determining their innocence. What happened to due process?

As a community organizer, I have seen firsthand the tragedy inflicted on families when city officials send students in San Francisco public schools to deportation before determining their innocence or guilt. This regressive policy avoids any input from those most qualified to give it — the district attorney and the public defender.

Here’s the irony of it all — further attacks on the Sanctuary City policy will not produce a safer San Francisco. Indeed, wives and girlfriends in our immigrant communities will be less likely to report incidents of domestic violence for fear their loved ones (or themselves!) will be summarily deported. Conscientious neighborhood residents will be less likely to report vandalism or other youth mischief for fear that children in their community will be spirited away overnight by immigration authorities. And what about homicide? Undocumented people witnessed the murder of a youth and a father in the last two months, but have refused to come forward out of fear that the police will report them to immigration authorities.

Immigrants already live in the shadows of this great nation. They are the economic backbone of California — washing our dishes, picking our produce, and generally subsidizing all of our lifestyles. Police collaboration with immigration officials will force an already exploited population further underground, and engender even greater distrust of those institutions purporting to serve and protect them. *

Barbara "Bobbi" Lopez is a community organizer with the Tenderloin Housing Clinic and a candidate for Board of Education.

Ice Man Cometh for Undocumented Youth

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Sifferman confirms that San Francisco will contact ICE about undocumented juveniles.

On the eve of the seventh anniversary of 9/11, San Francisco’s Chief Probation Officer William P. Siffermann announced that it is now the policy of the City’s Juvenile Probation Department, “to inform the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE) in every case where a person is in custody after being booked for the alleged commission of a felony and is suspected of violating the civil provisions of the immigration laws.”

Sifferman’s report on the City’s juvenile probation policy marks a pronounced rightward shift away from San Francisco’s original Sanctuary City policy. And while his report is dated August 26, immigration rights advocates confirm that the City has been cooperating with ICE since July, when Mayor Gavin Newsom announced that he was exploring a run for Governor.

But beyond appearing to make gubernatorial hopeful Newsom look tough on crime, this policy shift means that authority has been taken away from San Francisco’s Juvenile Court system, without so much as please or thank you.

And then there’s the unfortunate reality that this policy will likely make undocumented persons who witness, or are victims of crime, go deeper into the shadows, giving gangs like MS-13 even greater impunity.

If you don’t believe me that this new policy raises some seriously red flags, consider the following extract from Siffermann’s report:

“In determining whether there is reasonable suspicion [my italics] that a person is present in violation of the fedeal immigration laws, the On-Duty officer shall take into consideration a combination of objective factors including but not limited to…presence of undocumented persons in the same areas where arrested or involved in the same illegal activity, affiliation with a criminal street gang known to be comprised of undocumented persons, [my italics] and court or criminal history information showing a prior ICE hold or proceedings.”

Wow, that sounds pretty all-encompasssing.

Or how about this:

“Promptly after [my italics] notifying ICE, the assiged Probation Officer shall make reasonable attempts to inform the person’s parent, guardian or other responsible adult of the referral to ICE.”

So, even before guilt is established, and long before undocumented juveniles have a chance of having their alleged felony charges dropped or reduced, ICE will be alerted? Double Wow. Hardly the kind of situation that will make their undocumented mommas and papas want to visit them at Juvenile Hall any time soon.

Ron Stueckle of Sunset Youth Services perhaps summed it up best when he voiced his feeling that it was “morally wrong” for the San Francisco to be helping ICE in this way.

“I’m not talking about harboring felons and fugitives or letting terrorists hide in the caves of Twin Peaks,.“ Stueckle said. “I’m talking about youth who are trying desperately for survival.”

Editor’s Notes

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› tredmond@sfbg.com

Let’s look at what happens when a mayor who lacks political courage decides to run for higher office.

On Wednesday, Sept. 3, shortly after returning from the Democratic National Convention, where he sought to impress the bigwigs, Gavin Newsom announced that a plan to issue municipal ID cards to undocumented immigrants would be put on hold.

Newsom had always supported the plan. His staff realized it made tremendous sense: when thousands of city residents aren’t eligible for drivers licenses or passports, and can’t prove their identity, then they become a permanent underclass. They can’t open bank accounts (and are preyed on by unscrupulous check-cashers). They fear even talking to the police, since they can’t provide ID on demand (and thus are reluctant to come forward as crime victims or witnesses). They can’t take books out of the public library or easily access the public health system.

A city ID card costs the taxpayers almost nothing and helps prevent crime. It’s part of a very sensible Sanctuary City program, based on a time-tested premise: if official San Francisco doesn’t intimidate or threaten to deport the city’s undocumented residents, those residents won’t live in fear of official San Francisco. That’s better for everyone, immigrants and citizens alike.

But over the past month or so, the San Francisco Chronicle has been running a crusade against the sanctuary laws, digging up a few immigrants who committed felonies and managed to avoid deportation and using those stories as fodder for a sensational assault on the policy.

There was a time, I think, when Newsom might have stood up to it. But now he wants to be governor, and the notion that the press (and his competition in both parties) might portray him as soft on crime and too friendly to immigrants has scared him silly.

So Newsom decided to tell the press that the ID program — a very small part of the overall sanctuary ordinance — would be suspended "until a thorough review has been completed to ensure that every aspect of the program complies with all applicable state and federal laws."

Never mind that the ID program, sponsored by Sup. Tom Ammiano, passed the Board of Supervisors 10-1. It’s city law; Newsom has no authority to suspend it. And the City Attorney’s Office has already done a thorough review to ensure that it’s legal — that happened when Ammiano first introduced the bill.

Never mind that Ammiano — who was infuriated by the mayor’s statement — has been meeting with Newsom’s staff and is convinced the plan will go into place this fall, pretty much as planned.

Never mind that the entire episode will just scare off potential applicants for the cards and undermine a program that the mayor’s advisors know makes good civic sense.

See, this isn’t about San Francisco anymore. It’s all about Sacramento. It’s about the Governor’s Office — which means it’s also about Orange County, and the Inland Empire, and all those more conservative places where voters don’t like immigrants and think San Francisco is too liberal. If Newsom wants to replace Arnold Schwarzenegger, he needs votes in those parts of the state — and instead of standing on principle and saying that he’s a politician you can trust even when you disagree with him, he’s pandering to the lowest common denominator.

The governor’s race is still two years away. This shit has only started.

‘He’s not going anywhere’

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› gwschulz@sfbg.com

Minutes before two San Francisco police officers shot to death 25-year-old Asa Sullivan, their colleagues urged them to back off and call a hostage negotiator, newly released documents show.

Twice, cops on the scene suggested that officers Michelle Alvis and John Keesor back away from the Parkmerced attic where Sullivan was pinned down.

Recently released court records shed considerable new light on the June 6, 2006, shooting that ended with the unarmed Sullivan dead, his body raked by 16 bullets.

The records offer a narrative account of the early moments of an episode that’s taken a bizarre series of twists since Alvis and Keesor, saying they feared for their lives, killed the troubled young man who’d been working at Goodwill and had a young son.

The police communications log portrays a tense situation:

"Stand by, he’s gonna be a 148, stand by," San Francisco police officer Paulo Morgado says into his radio. Section 148 of the state Penal Code is radio vernacular for resisting arrest.

Moments pass before an unidentified officer makes an appeal over the air for a retreat. "Hey, why don’t we just pull back really quick, set up a perimeter, and just try to get him later?"

Instead, Alvis announces that she has Sullivan at gunpoint. "He’s not going anywhere," she says. He won’t show his hands or allow himself to be taken into custody, Alvis and Morgado say into their radios.

Minutes tick by. Sullivan is warned that a dog from the K-9 unit will bite him. Officer Erik Leung, on the floor below the attic, makes a second attempt at reason. "Why don’t we slow it down, see if we can get a hostage negotiator or something, because this guy’s not listening to us."

Then, "He has something under the insulation," a dispatcher types just as the K-9 unit arrives.

"Shots fired, shots fired!" yells Sgt. Tracy McCray. Alvis and Keesor empty their magazines, plugging as many as 26 rounds into the attic, with 16 hitting the target.

Sullivan had no gun, it turned out. An eyeglasses case was later found near his hip, but Alvis admits she didn’t wait to see what was in his right hand after Sullivan made a "sudden movement."

‘PRETTY STRONG EVIDENCE’


Reams of court records detailing the shooting became available earlier this month as evidence in a lawsuit filed by Sullivan’s family.

Early motions in the family’s federal suit, which names the city and county of San Francisco, Police Chief Heather Fong, and officers present when the shooting took place, were filed under seal. But some evidence previously marked confidential has emerged among publicly accessible court documents as the parties move toward an October trial date.

The records include transcripts of audio dispatch recordings, sworn depositions and declarations from the officers, reports from law enforcement policy experts, and photographs of the attic where the shooting occurred.

"The evidence is pretty strong [that] Asa did not point anything at the officers, that the officers had no reason to believe Asa was armed," the family’s Oakland lawyer, Ben Nisenbaum, told the Guardian.

A former deputy chief of the Los Angeles Police Department hired as a consultant by the family’s lawyers argues in a report filed with the court that the officers exacerbated the situation by using repeated sharp commands and didn’t rely on proper diffusing tactics with a subject they knew was distressed and had a diminished capacity. The attic placed them at a tactical disadvantage, and there’s no logical reason why the officers didn’t pull away from it, notes the report by consultant Lou Reiter.

"Their presence in the manner they chose to deploy it simply invaded the zone of safety for Sullivan," Reiter’s report states. "This is known to further agitate the subject in these types of police encounters. No one coordinated the efforts to enable the dispatch of negotiators, which would have been consistent with San Francisco Police Department General Order 8.02 Hostage and Barricaded Suspect Incidents."

Officers in the attic that night say Sullivan refused recurring instructions to show his hands and acted aggressively. They testified that he threatened violent resistance, telling them, "I’m not going back to jail," "Shoot me, I’m not coming out of here," and "Are you ready to earn your medal?" They say leaving the attic and taking their attention off Sullivan would have made them vulnerable.

The officers were also unaware at the time that Sullivan had a no-bail arrest warrant. There’s still a dispute today over what grounds the officers had at the time to effect an arrest of Sullivan, or why they believed there was sufficient cause to enter the apartment.

Alvis, a six-year veteran of the force, did not return a message left at her home. A police spokesperson, Sgt. Wilfred Williams, confirmed for the Guardian that officers Keesor and Alvis are still employed by the department but he couldn’t provide any additional details, calling them personnel-related. He also couldn’t comment on pending litigation.

Several local agencies conduct parallel investigations when a subject is killed by police officers, including the department’s homicide and internal affairs units, the District Attorney’s Office, and if prompted, the Office of Citizen Complaints, an independent body that responds to allegations made by civilians of excessive force and other police misconduct.

Those findings in the Sullivan killing had not been available previously under the California Public Records Act and local sunshine laws due in part to a state Supreme Court ruling issued in late 2006 that blocks an array of law enforcement records from disclosure, including those stemming from disciplinary investigations.

A "DRUG HOUSE?"


Officer Morgado arrived at the townhouse address of 2 Garces Drive at Parkmerced, near San Francisco State University, around 8:40 p.m. June 6 after a neighbor called to report that the front door was swinging open and that it was a possible "drug house."

The unit hadn’t exactly hosted any church youth groups in recent months. Two men on the lease had supposedly given notice to move out the prior winter but hadn’t left, and management was charging them month-to-month.

Kathleen Espinoza, Asa’s mother, told the Guardian her son was struggling to find a place to stay and went to 2 Garces after she moved to Los Angeles in search of a lower cost of living.

Friends and acquaintances drifted in and out of the townhouse; some frequently smoked pot and meth, according to the deposition of one man who stayed there. The neighbors complained to police. One tenant testified that just before the shooting, he fought with another Parkmerced resident who occasionally came around the townhouse. The man allegedly hurled a bicycle at him, slicing open his elbow. A white shirt was used to soak up the gushing blood and police who saw it hanging near the front door relied on the stained garment to justify entering the apartment to check on the welfare of the people inside.

As back-up units arrived, Sullivan’s friend, Jason Martin, was discovered in a locked second-floor bedroom and placed in handcuffs. Keesor heard shuffling coming from above them and says he saw debris flaking from a ceiling entrance to the attic.

Three officers climbed into the cramped, pitch-black space before drawing their guns on Sullivan. Only their flashlights enabled them to see the darkly clothed man who appeared to be hiding amid the blown-in insulation and between a pair of two-by-fours.

"Let’s give the dog a nice bite on this guy," one officer said over the radio after a K-9 unit was called. The group considered using a gun that shoots beanbags but decided against it, believing that the space was too small and that the weapon could kill Sullivan by accident.

Officer Keesor took the lead in talking to Sullivan. "I asked him what was going on. I asked him who he was. Questions along that line," Keesor recalled in a deposition.

HISTORY OF DEPRESSION


Sullivan was responsive to most of the questions. He was sweating profusely, and the cops said they believed he was high on cocaine or meth. A medical expert later hired by his family’s lawyers testified that the amount of both substances found in his body through an autopsy were at very low levels and likely didn’t contribute to his behavior that night.

Sullivan did have a history of depression, and the consultant, Douglas Tucker, a psychiatry professor at UC San Francisco, described him as "an unhappy and volatile individual who acts impulsively." A man who stayed at the townhouse, David Russell, testified that Sullivan was quiet and wellmannered and excelled at chess.

What happened in the next few minutes is where the testimony conflicts.

Just as an officer announced over the radio that the K-9 unit had arrived, Alvis says Sullivan’s right arm moved suddenly. But the officer said she did not see his hands or arms outstretched or pointed at anyone. Morgado says he witnessed Sullivan’s right shoulder move, but never saw his hand come out of the insulation. Keesor, however, stated that Sullivan "punched his arms straight out and pointed an object, [a] long, black slender object, which at that moment I believed to be a gun, towards the direction of officer Alvis." The officers say their view of Sullivan was partially obscured by wide ducts passing through the attic.

Reached at his Bay Area home, Keesor declined to comment. "I can’t speak about this case, you know that," he said. A call to Matt Dorsey, spokesperson for the City Attorney’s Office, which is representing the officers, was not returned.

Nisenbaum says Keesor "is the only officer there who claims that Asa had anything in his hand," meaning a weapon.

LOOKING FOR EXCUSES


Alexander Jason, a private crime scene analyst and former San Francisco patrol officer hired by attorneys for the city, contends the eyeglasses case may have been snapped shut, producing a sound interpreted as a gunshot. He also concluded that blood spatter on Asa’s right arm was consistent with his having stretched out his arm "as if aiming a gun."

But there was no gun, so it’s possible that one officer simply spooked another. "I heard gunfire and believed he was shooting at officer Alvis and I fired my weapon," Keesor testified. Bullets apparently pounded through the floor of the attic and narrowly missed an officer standing in the bathroom below Sullivan.

"At the end of the day, they’re looking for excuses," Nisenbaum said. "That’s all it is."

US District Judge Jeffrey White ruled Aug. 5 that there were enough unanswered questions for the case to be heard by a jury after both parties filed motions for summary judgment. The city has since taken that decision to the Ninth Circuit Court of Appeals, meaning it may be well past October before a trial begins.

Asa’s mother, Kathleen Espinoza, says she has nothing against the police and that one of her close relatives works in law enforcement. "I’ve never been through something like this," Espinoza said. "I’ve never had anybody in my family die in such a horrible way. It’s been really hard. I’ve been on jury duty once in my life, when I was in college."

The funeral director told Espinoza he’d never seen a body in worse shape than Sullivan’s and that the reconstruction for an open-casket ceremony was tedious. Espinoza placed sunglasses on his face because his eyes were gone. She says Sullivan never wanted to die.

"I want Asa to be vindicated…. He never meant them any harm," she said.

The real crime issue in the Excelsior

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OPINION There have been eight murders in the Excelsior in the past 120 days. And Sup. Gerardo Sandoval, who represents the area and is running for judge, has been the subject of press attacks for suggesting that gang injunctions in the Mission District may have driven crime into surrounding areas.

That debate misses the point.

Communities of color like the Excelsior have historically taken a back seat when it’s time for the city to fund programs for youth, crime prevention, and economic development. Yet these are the public investments we must make if we are to craft a long-term solution to the city’s crime problem.

To be fair, the city has started to invest in the Excelsior, and the Department of Children, Youth and Their Families has been supportive. But much work still remains — after all, the Excelsior has the most children and youth of any district in San Francisco. Working with Sandoval and other community leaders, the city remodeled the Excelsior branch library, and every park has a new children’s playground, a new play field or new recreation center, or is scheduled for upgrades. DCYF has also provided significant anchor funding for violence prevention, employment training/placement, and youth leadership development programs at the Excelsior Teen Center.

But the city is still not investing enough in our communities of color. When a 14-year-old boy was murdered recently on Persia Street, we had to rely on DCYF staff and the Mission District’s Community Response Network for assistance — partly because the city has not yet funded a similar network for the Excelsior. Had there been a similar emergency in the Mission, the MCRN would not have been able to provide vital services to that victim’s family.

That doesn’t mean an Excelsior CRN is the answer. But the demand for violence prevention and response programs is growing, leading successful organizations like the Mission YMCA and the Bernal Heights Neighborhood Center’s Excelsior Teen Center to have to struggle harder for an ever-shrinking amount of city funding. What is the advantage of rebuilding a library or recreation center if we reduce funding for the services and programs those facilities provide?

The Police Department’s deployment of additional officers to the Excelsior in light of the recent surge in violent crime will help, as long as this strategy is coupled with an increase in funding for supportive services. Coordination between service providers and law enforcement — something we have modeled in Bernal Heights — has been successful in simultaneously reducing crime and reducing arrests. BHNC’s Youth Programs and Safety Network Organizer look forward to working with the Excelsior Action Group, the District 11 Council, the Filipino Community Center, Coleman Advocates, PODER, Sup. Sandoval’s office, and others to plan a town hall meeting at which the community will set priorities for short- and long-term action steps for residents, community-based services organizations, and city agencies so we can all work together toward an Excelsior that is a safe place for youth and families to live and thrive.

Joseph Smooke

Joseph Smooke is executive director of the Bernal Heights Neighborhood Center.

On the pulse

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How does one particular sound manage to work its way into one’s earhole and lodge itself in the consciousness, cooling its warm jets in the frontal lobes before arranging for a cozier stay elsewhere in the gray matter? For San Francisco musician Jesse Reiner, late of Citay and lately of Jonas Reinhardt, the new age sounds of the latter project likely stemmed from dreamtime as an eight-year-old. "It’s funny — I was just thinking about this the other day," he says by phone. "It may have been nap time in third grade when the teacher would play a sound-of-the-seagulls record. Maybe it’s early childhood conditioning." Add in a fascination with analog synthesizers and Moogs around the end of high school; a love of Tangerine Dream, Klaus Schulze, and tracks like Pink Floyd’s "On the Run"; and the collegiate discovery of composers such as Terry Riley and Morton Subotnik: now you have makings of the man behind the proudly faux persona of the Jonas Reinhardt project, portrayed on the band’s MySpace site as a suave, sandaled Euro artist, based in Monaco and dialed in for intense relaxation.

Yet there’s nothing fake or contrived about Reiner’s band: witness the instrumental combo’s recent, jaw-droppingly powerful prog assault at the Hemlock Tavern. I’d dare any school kid to doze through that blistering performance, with Reiner on synths, Reiner’s Crime in Choir cohort Kenny Hopper on bass, and Mi Ami’s Damon Palermo on drums. Initially unveiled this spring at a Cluster afterparty in Big Sur, Jonas Reinhart rummages through the more propulsive, hard-rockin’ aspects of both Can and Goblin with a transcendence-bent energy only hinted at — by way of the bass-borne, primal glimmers of "An Upright Fortune" and fiery, urgent synth squiggles of "Crept Idea for a Mom" — on the band’s nonetheless gorgeous, multitextured self-titled disc, which will be released in November on Kranky (an iTunes-only digital EP comes out at the end of this month). Dare one call this the dawning of a New Rage? This is beat music — pulsing like mirrored hearts on tracks like "Fast Blot Declining" and "Tentshow" — meant for contemplative spirits as well as jittery soles.

And Reiner — long an aficionado of analog synth music that falls under the dread rubric of easy listening or new age — has found plenty of kindred souls of late for this bedroom project turned band: "I used to be able to go to Amoeba a couple years ago and go through this really abandoned section, at the bottom where the overstock bins were, full of new age records, and you could get everything for $1. Now they’re all $10 and $15 records." He was approached by Kranky after giving his music to friend and fellow new age buff, Adam Forkner of White Rainbow, who’s also on the label.

Where did the audience come from for these ecstatic emanations? Reiner isn’t certain, though he theorizes, chuckling: "I think it’s because a lot of people have been getting older! For people who come from a punk or indie rock background, maybe this blissed-out new agey stuff is resonating with them." Yet the musician doesn’t aim to hit all the snooze buttons in his listeners. "One of the things I want to do with my music is to make it a little edgier than most," he explains. "I don’t want it to be too sleepy-naptime music. I want to make sure it gets pushed a little bit."

Jonas Reinhardt’s tough backbone comes along with the old-school technology its songs are built on: a Maestro Rhythm King drum machine from the early ’70s. "I like the way it’s kind of rough-sounding and pretty heavy in a way, whereas most drum machines aren’t," Reiner says. The trio runs live drums and keyboards through the machine, which Reiner describes as "this funny caveman way to sequence," creating a "really cool pulse."

From there, it isn’t too hard to imagine Reiner and other newer-age indie-rockers pushing from the margins to craft their own cerebrally challenging soundtracks for yoga classes or massage sessions. "I went to Calistoga a month ago, and they had the music playing in the spa," Reiner recalls. "I thought, ah, I’d love to make my own record for this."

JONAS REINHARDT

With Jeremy Jay and DJs Conor and Pickpocket

Mon/18, 10 p.m., $7

Knockout

3223 Mission, SF

www.theknockoutsf.com

Also Aug. 28, check Web site for time, free

Apple Store

1 Stockton, SF

www.apple.com/retail/sanfrancisco

Wilder blooms

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After Burnt Money (2000), Marcelo Pineyro’s conventionally entertaining true crime tale of gay bank robbers, queer blooms began to grow within the wilder garden of new Argentine cinema. Here’s a guide:

Smokers Only (Veronica Chen, 2001) Chen’s debut — about a hustler who sometimes tricks in ATM stalls and the goth girl who becomes obsessed with him — is probably the first chapter of the new queer Argentine cinema. Unfortunately, it’s boring and pretentious, built around an object of affection who isn’t as compelling as he is cute.

Suddenly (Diego Lerman, 2002) B. Ruby Rich (as quoted on Michael Guillen’s Web site the Evening Class): "A queer empathic … lesbian romantic escapade. If you’ve never seen or heard of [Suddenly], you’re missing your chance to see a young woman abducted at knifepoint by the lesbian street punks that desire her."

Ronda Nocturna (Edgardo Cozarinsky, 2005) A veteran director who fled Argentina in 1974 following the reelection of Juan Perón, Cozarinsky returned from exile to make this film. At least partly inspired by Chen’s Smokers Only, he borrows from that film’s night-in-the-life-of-a-hustler scenario. But Ronda Nocturna is hotter, wiser, and more far-reaching in its bottoms-up view of corruption in urban Argentina.

Agua (Veronica Chen, 2006) Chen’s follow-up to Smokers Only isn’t queer in story line, but its gaze at the male body in motion — and masculine psyche — is a beyond–Claire Denis case of female eye for the straight guy in turn for the queer guy. Handsome lead actor Rafael Ferro builds on his memorable appearance in Ronda Nocturna. A burst of pure athletic cinema with moments that match 2005’s Zidane (on a much lower budget) in their intense interiority, Agua refreshes.

Glue (Alexis Dos Santos, 2006) A triumph of intimate collaboration between a trio of young actors and a new director, Alexis Dos Santos’s first movie takes the bi-way to becoming maybe the best — or at least most honest and deep — teen movie of the 21st century so far. Lead actress Inés Efron’s brave gawky beauty reveals what’s been lacking from American cinema since the heydays of Sissy Spacek and Shelley Duvall.

La Leon (Santiago Otheguy, 2007) Perhaps influenced by Lisandro Alonso, this handsome black-and-white feature scopes out alienation, attraction, and phobic intolerance in the Paraná Delta.

XXY (Lucía Puenzo, 2007) Efron returns in the role of an intersex teenager, delivering another superb performance.

Dictators and disarmament: This week’s cover

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goldgun1.jpg

Here at the hyper-local Bay Guardian, we don’t get to write about international organized crime all too often, but it’s something we truly enjoy studying when we’re off the clock. Thankfully, we were able to hoodwink our editors into allowing us to examine the subject during precious work time for this week’s cover story. Suckers.

For those of you who appreciated our profile of human rights investigator Kathi Austin, we’ve got a wealth of additional material below for you to check out, some of it great stuff we hated having to pull from the story due to space constraints and some of it links to other highly informative stories and academic studies on small-arms proliferation in the developing world.

As for Victor Bout’s arrest earlier this year in Thailand, the Russian government has reportedly worked behind the scenes to have him delivered back to Moscow. But Washington’s relatively new attorney general, Michael Mukasey, emerged from meetings during a recent trip to Bangkok declaring that the case for his extradition was “very strong,” according to press accounts. Bout has an extradition hearing in Thailand on July 28.

He fled to Moscow several years ago, probably in 2002, evading an Interpol arrest warrant in the process. Russia doesn’t have an extradition treaty with the United States, but leaving his safe confines in Moscow and heading to Thailand made him vulnerable to the arrest that occurred in February.

A photo of the arms tycoon from Agence France-Presse – one of the few seen publicly – quickly circled the globe after his capture and showed Bout dressed in a polo shirt and moustache with trim, nut-brown hair. Two massive arms are stuffed into a pair of handcuffs as he glowers at the camera and his considerable size dwarfs the Thai policemen walking next to him.

We first learned about Austin’s pursuit of Bout after reading the definitive book on him published last year by two American journalists, Merchant of Death: Money, Guns, Planes, and the Man Who Makes War Possible. The co-authors are Douglas Farah, a former West African bureau chief for the Washington Post, and Stephen Braun, a national correspondent for the Los Angeles Times. The duo thanks Austin for opening up her files during their research for the book, and Merchant of Death is a must-read for anyone interested in human rights and disarmament.

More after the jump.


Lord of War, 2005

“The Exiles” on Main Street

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TAKE ONE For a sharp perspective on Kent Mackenzie’s neglected 1961 classic The Exiles, push aside most contemporary reviews heralding the film’s rerelease. In the spring of 1962, Benjamin Jackson reviewed Mackenzie’s debut feature for Film Quarterly, and began by noting something no one today seems to think worth mentioning: only 28 years before The Exiles came out, the American Indians who starred in the movie weren’t even considered citizens by the US government.

That basic fact should be at the center of any appraisal of The Exiles, and yet, with the exception of Armond White in the New York Press, most 21st-century critics don’t contextualize the racist history and cultural prejudices the film confronts; forces that have since threatened to erase it. Almost 50 years and countless Sundance Film Festivals after Mackenzie’s look at Native American life in the city and off the rez, it’s still — unfortunately — a one-of-a-kind work. Just as Milestone Films’ successful release of Charles Burnett’s 1977 Killer of Sheep exposed American independent cinema’s lack of artistic imagination and societal insight, the return of The Exiles is partly inspired by the utter failure of American filmmakers to follow Mackenzie’s lead.

In Another Country (Vintage), first published one year before The Exiles‘ release, James Baldwin writes of a New York “so familiar and so public that it became, at last, the most despairingly private of cities,” adding: “One was continually being jostled, yet longed, at the same time, for a human touch; and if one was never — it was the general complaint — left alone in New York, one had, still, to fight very hard in order not to perish of loneliness.” The Exiles tracks a similar fight in Los Angeles, as waged by pregnant Yvonne (Yvonne Williams) while her husband Homer (Homer Nish) goes carousing through bars at Third and Main. Mackenzie follows both with a Weegee-like attention to detail that alights on everything from mechanical monkeys that blow bubbles to boisterous queens at a bar.

This major work of American cinema was created from film stock salvaged from a plane crash and short ends from I Love Lucy. Its potent original score of lip-biting rock ‘n’ roll is by the Revels, whose “Comanche” was exploited by Quentin Tarantino in Pulp Fiction. Its restoration is by Ross Lipman, who has also rescued Killer of Sheep and the work of Kenneth Anger. Further credit for The Exiles‘ revival belongs to Thom Andersen, whose 2003 survey Los Angeles Plays Itself first brought the film to the attention of a new generation. One year before Godard’s Vivre sa vie (1963), Mackenzie made an unsentimental movie about a woman who goes to the movies — in fact, The Exiles reaches its midway point just as Yvonne watches an intermission jingle that urges people to raid the concession stand. Both Yvonne’s night and this film’s are far from over. (Johnny Ray Huston)

TAKE TWO One reason we watch film noir is to look at the forgotten city. As American crime pictures got grittier, they stumbled from the plush nightclubs of Gilda (1946) to the sticky bars of Kiss Me Deadly (1955). First shot in 1958, Kent Mackenzie’s The Exiles is set in the same dilapidated Bunker Hill neighborhood valorized by John Fante and Charles Bukowski. Mackenzie’s ethnographic focus on a small group of urbanized American Indians would seem to place his film in a different league, but then many noir films open with statements not so different from his voice-over: “What follows is the authentic account of 12 hours in the lives of a group of Indians who have come to Los Angeles, California.”

Noir comparisons only go so far in elucidating The Exiles‘ enduring appeal. By focusing on a sloshed night-in-the-life of this group, Mackenzie locates urban malcontent rather than inventing it. After the first of many exquisite evening shots of a long-extinct LA funicular, we’re introduced to Yvonne: her moony face is inexpressive, and her voice-over amplifies her solitude in a bustling marketplace. She explains she’s pregnant and is glad to be having the baby away from the reservation, but worries about her husband Homer’s commitment. Homer’s boys’ club favors a Keroauc-ish jive-talk — with disenfranchisement for heritage, they adapt the “wherever I may roam” frontiersman-speak of the hipster.

Mackenzie wasn’t a native Angeleno, much less an American Indian, but his outsider perspective enlarges The Exiles. If the location details in Charles Burnett’s Killer of Sheep seem incidental, here they are part of a broader lyrical-documentary design. The fact that we can make out so many prices — mackerel for 21 cents a pound, gas for 27 cents a gallon — is symptomatic of the characters’ hand-to-mouth milieu and Mackenzie’s aesthetic calculus. The filmmaker’s anachronistic tendency to play the peripheries reaches fullest bloom when Homer burns with unnamed anomie, surrounded by the Café Ritz’s unsavory characters. The moody scene is a vivid if intense evocation of the kind of democratic mixing place Mike Davis eulogizes in his 1990 LA history, City of Quartz (Vintage).

If The Exiles anticipates both Jim Jarmusch (the outsider-as-hipster and jukebox soundtrack) and Gus Van Sant (the bender crawl and the combination of voice-over and neorealism), it’s more a sign of Mackenzie’s intuition than his priorities. The bitter irony of the title is that Mackenzie’s characters are exiles from both the past and the future. The director was well aware of City Hall’s redevelopment slate for Bunker Hill when he framed his long-take vistas. “Time is just time to me,” hep-cat Tommy (Tommy Reynolds) muses on voice-over. “I’m doing it outside, so I can do it inside.” Not so for Mackenzie, a true preservationist whose work has now been treated in kind. (Max Goldberg)

THE EXILES

Aug. 1–7

Castro Theatre

429 Castro, SF

(415) 621-6120

www.castrotheatre.com

 

Hunting the lord of war

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› gwschulz@sfbg.com

Accused illegal arms dealer Victor Bout’s long-awaited arrest by Thai police officers March 5 was an important victory against unchecked human rights abuses around the world, and a personal vindication for the San Francisco woman who helped bring Bout to international attention.

Bout arrived at the luxurious Sofitel Hotel in Bangkok believing he was to meet with two senior leaders of the Marxist guerrilla army known as the Revolutionary Armed Forces of Colombia, or FARC. The men, it turned out, were paid informants operating on behalf of US drug enforcement officials.

Through an associate, the 41-year-old Bout allegedly promised to sell the duo large quantities of weapons to continue FARC’s decades-old insurgency against the Colombian government. According to an April federal grand jury indictment filed in New York, the arms included surface-to-air missiles, AK-47s, C-4 explosives, land mines, and even people to help train FARC soldiers in using the weapons.

Among those most relieved — and surprised — at the arrest was a relentlessly determined human rights investigator who lives in San Francisco. Kathi Lynn Austin, 48, has been pursuing the notorious trafficker and war profiteer for more than a decade.

Bout, a former USSR Air Force officer, is widely reputed to be one of the world’s most active criminal arms dealers, perhaps best known for his spectral presence on the African continent. There, he cultivated professional relationships with its litany of brutal dictators and helped fuel some of the most appalling human rights tragedies of the last century.

Austin and other investigators, as well as journalists and law enforcement officials in several countries, say that Bout expertly structured a business empire of shell companies, dubiously licensed cargo planes, and endless arms accumulations from former Soviet stockpiles — all of which were intended to minimize evidence linking his name to illegal weapons dealing.

But the work Austin did to penetrate that shell and expose Bout was so notable and dramatic that Paramount Pictures announced in December 2007 that superstar Angelina Jolie would play her in a drama inspired by Bout’s infamous career.

It’s a stunning achievement for someone who 15 years ago struggled to convince even her colleagues in the human rights community that the end of the Cold War and the globalization of organized crime made nonstate actors like Bout as much of a threat to peace as the tyrannical governments they’d been naming and shaming for years.

"A human rights violation is considered a violation that is carried out by a state actor," Austin told the Guardian. "We were trying to change the whole field of human rights to philosophically say we should be going after these private perpetrators as well."

Austin has helped document Bout’s convoluted network since about 1994, first as a consultant for Human Rights Watch and later as arms and conflict director for the Washington, DC–based Fund for Peace, for which she maintained a San Francisco office, before eventually working for the United Nations.

After returning to San Francisco in June from an 18-month UN mission in East Timor, Austin agreed to talk about her investigations of Bout over several hours of interviews near the North Beach apartment where she’s been holed up writing material for the Paramount script.

Seeing Austin in a crowded coffee shop with clear features and wide, earnest eyes, it’s not easy to imagine her charging through the world’s hellholes: Rwanda, Sierra Leone, Liberia, the Democratic Republic of the Congo, Angola, and other African conflict zones where the UN has imposed longstanding but ineffective arms embargos.

The work of Austin and others repeatedly helped show that death and destruction could continue indefinitely for the right price paid to savvy arms brokers like Bout, while the United States failed to regard the plight of civilian populations across Africa as vital to its interests.

As the world would learn in 2004, even the US military relied on Bout’s planes to conveniently bring its partially privatized war machine down on Iraq, making this story about more than just Bout and his pursuers.

Following Bout’s arrest in Thailand, federal prosecutors here charged him with conspiring to kill US nationals and attempting to illegally acquire anti-aircraft missiles.

In 1997 the United States designated FARC a terrorist group for kidnapping and murdering American citizens in Colombia. US officials also consider Colombia the globe’s largest supplier of cocaine, a trade that’s kept the leftist rebels afloat.

Bout allegedly told DEA informants that an ongoing, violent campaign by the FARC to counter America’s cocaine fumigation efforts in Colombia was his fight, too, and that he could supply the guerrillas with everything they needed.

Days after this story goes to press, however, he’s due for a court hearing in Bangkok, where a judge will decide whether to extradite him to the United States. That means Bout could face a criminal trial on American soil. To Austin, that’s long overdue. She had lost hope that her country would subdue a top-tier enabler of gross human rights violations. A secret sting operation led by American narcotics agents was the last thing Austin believed would lead to Bout’s capture — and for good reason.

She first became aware of his name in 1994, shortly after witnessing one of the brightest moments in contemporary African history. On April 24 of that year, Austin stood near the polling station as Nelson Mandela, a political prisoner of 27 years, marked his ballot in South Africa’s first fully democratic election. She’d been invited to attend after working as a researcher in the Natal province documenting political violence and the apartheid government’s desperate attempts to preserve decades of white control through upheaval and destabilization. No one was sure Mandela would reach the ballot box.

"We got up at three, four in the morning to load a bus," Austin recalls. "Nobody told us exactly where it was. We had to go under cover of darkness. When we got there, he voted just after the sun came up."

The inauguration party weeks later spilled out everywhere in Johannesburg. Austin mingled with foreign journalists and drank champagne. But one of the greatest parties of the century turned glum as vague reports mounted describing trouble in a nearby country, one smaller than Maryland and at the time unknown to most Americans: Rwanda.

"Nothing was really clear. It was all very ambiguous," Austin remembers. "We just kept hearing these reports that 10 Belgian peacekeepers had been killed and the UN was pulling out and people were dying on a massive scale."

The Rwandan genocide would become one of the greatest human atrocities since the Holocaust as extremists from the ethnic Hutu majority massacred at least 800,000 minority Tutsis and Hutu moderates with gruesome efficiency while the world stood by.

As details emerged, Austin raised money in the United States and worked to get to the beleaguered African nation as soon as possible. Meanwhile, a Tutsi-led military offensive defeated the Hutu Power government in the capital city of Kigali by July 1994 and supposedly ended the genocide. But as Austin and others would learn, the violence was far from over.

Hundreds of thousands of refugees streamed toward the eastern border of neighboring Zaire, among them the perpetrators of the genocide. Hidden inside refugee camps, Hutu militias renewed their strength and began amassing weapon caches with the quiet support of Zairian dictator Mobutu Sese Seko.

Austin fearlessly penetrated the militia encampments, persuading exiled Hutu military leaders to disclose how they had obtained antitank grenades and high-caliber ammunition. The list included Col. Théoneste Bagosora, considered to be a chief architect of the genocide. Her trick? Austin told them she was a researcher for the neutral-sounding Institute of Policy Studies — which was technically true — and simply needed to hear their side of the story.

"It was a really treacherous place to be," Austin said. "At the time I appeared young, nonthreatening. I didn’t often say I was with Human Rights Watch…. In any kind of organization, people are motivated by many different things. You find those sources that for some reason or another want to help out or are so ego-driven they don’t think that any information they give to you is going to be used somehow against them."

She also interviewed members of flight crews who gave her information on cargo companies hired by the Mobutu government to secretly supply its Hutu allies with weapons by falsifying official flight plans and end-user certificates, key legal requisites designed to curtail transnational arms shipments.

According to her later Human Rights Watch report, "The militias in these camps have taken control of food distribution, engage in theft, prevent the repatriation of refugees through attacks and intimidation, carry out vigilante killings and mutilations of persons suspected of crimes or of disloyalty … and actively launch cross-border raids."

What didn’t make sense was how the suspected ringleaders of the genocide could obtain weapons despite the return of peacekeepers to the area and an arms embargo on Rwanda imposed by the UN.

CIA investigators later discovered that planes belonging to Bout were involved in supplying the outlaw Hutus, according to Douglas Farah and Stephen Braun’s definitive book on Bout, Merchant of Death: Money, Guns, Planes, and the Man Who Makes War Possible (Wiley, 2007).

Austin also came to that conclusion by the end of an eight-month fact-finding trip to the region carried out in 1994 and 1995. Her findings for Human Rights Watch helped propel her to international notoriety as more NGOs focused on illegal arms flows coming from private brokers.

"The Rwandan genocide was really the watershed, for me and for Bout," Austin said. "In the early years, he’s building his empire and I’m beginning to narrow what I want to investigate. I was becoming more and more convinced that in all the wars I was looking at, it was logistics. It was all about who could bring in the guns, the fuel — keep the war going."

Back then, Bout was still a bit player among many weapons suppliers working on the continent, according to Austin. But he soon did something that would significantly boost his career and help make him what another Bout pursuer once described as "the McDonald’s of arms trafficking." He switched sides and helped the new post-genocide Rwandan leadership topple the neighboring Zairian presidency of Mobutu, Bout’s own longtime client.

Zaire is known today as the Democratic Republic of the Congo. Bout would make yet more money years later aiding another warlord who attempted a violent coup inside the country, Jean-Pierre Bemba. The International Criminal Court last month charged Bemba with mass brutality and rape committed against civilians between 2002 and 2003.

"He [Bout] has no loyalty," a Bout associate told Merchant of Death authors in 2006. "His loyalty is to his balls, his sweet ass, and maybe his wallet."

Probably Bout’s most cynical move occurred in Afghanistan. At the start of his career, in the early 1990s, he allegedly maintained an intimate business relationship with commanders of the Northern Alliance, the tribal army that fought Taliban extremists for years until gaining power in Afghanistan with US help following the Sept. 11 terrorist attacks.

US officials began openly acknowledging in 2005 that Bout earned as much as $50 million also furnishing the Taliban with military equipment during its reign over the country.

Austin’s upbringing is the antithesis of what one might expect from an international human rights investigator. The oldest of five kids, she played guitar in a country-and-western band with the rest of her siblings, embarking on tours throughout the South from their home in Richmond, Va.

"We would play for people who had no money," she said. "We’d camp out for three days just to give them some music."

In the ’60s , the family of Baptists played at small African American churches during the climax of Southern segregation and against the backdrop of racist terror. They defied the neighbors and invited black friends over for dinner or socialized with them publicly. The Austins were largely apolitical, but Kathi says her parents insisted on human decency and encouraged a basic sense of justice and rebellion.

Her exposure to the destitution of many formerly enslaved black families in the South translated seamlessly in her own mind to Africa, a continent that fascinated her. But her understanding of the continent was limited.

"I just wanted to go save Africa one day. It was what I said I wanted to do with my life when I was really young…. I had this kind of missionary zeal, this very naïve, humane impulse."

Few people in her family considered going to college, but Austin hungered for academic achievement, securing a scholarship to the University of Virginia in the late ’70s.

Civil rights turmoil at the school politicized her and transformed her deeply. A model Organization for African Unity held for college students each year at Howard University in Washington, DC had the greatest impact. She attended it devotedly for several years. After competitive debates, politicians, professors, and other experts would speak to the students about Africa’s colonialist history and the anti-Apartheid movement.

"I really began to understand a lot of the underpinnings of what was going on with the African liberation movement in South Africa," she said. "I became engrossed in it and learned a lot intellectually and got a good sense of what I thought."

Austin began to zero in on the Ronald Reagan administration’s agenda of undermining Soviet communist influence in the region. The United States covertly backed the UNITA rebels in Angola against a communist-led liberation movement there, and continued to support the white-dominated and separatist apartheid regime of South Africa.

She wanted to investigate the unsavory relationships Reagan’s White House had developed on the African continent in its crusade to defeat communism during the Cold War. But Austin was aware of only two think tanks in the capital that examined such issues and had a reputation for attracting left-leaning luminaries. One was the nonprofit National Security Archive, a repository of declassified intelligence and foreign policy documents obtained largely through Freedom of Information Act requests.

Headquartered at George Washington University, lawmakers concerned about US covert activities abroad and some of the nation’s best-known journalists, including New Yorker writer Seymour Hersh, palled around at the independent, nongovernmental research library after it was founded in 1985 by a group of muckracking reporters and scholars.

Austin’s internship there in 1988 created a new realm of possibility — solo investigations — and sparked an interest in following the intricate paper trails that accompanied her growing knowledge of Africa’s geopolitical landscape, frequent outbreaks of low-intensity conflicts, and evasive weapons procurers.

But she still had never been to Africa. "That was my big ambition," she said. "If there’s anything about me it’s that I’ve got to see for myself."

As her ties to Washington expanded, she joined a World Bank urban rehabilitation team, writing political and economic background reports on Angola in 1989, believing she could make a difference inside the ill-reputed lender to developing countries.

She didn’t, but it was enough to give her first contact. After that trip to Angola, Austin used her savings to stay behind, joining a UN mission overseeing the withdrawal of Cuban troops above the 19th parallel, who were there as a result of Angola’s years-long civil war. She later went to Mozambique on a MacArthur Foundation grant and interviewed private mercenaries operating there for a report called "Invisible Crimes" that included a simple investigative formula she would employ for years to come: What’s wrong? And who’s doing it?

"Through the years, you realize just what kind of danger she’s in," her sister, Cindi Adkins, said from Virginia. "We would go days, weeks, months without hearing from her. My mom would say, ‘We have to call the Red Cross and see if we can find out that she’s okay.’<0x2009>"

Wanting to escape Washington culture, she moved to North Beach in 1997 after becoming entranced by San Francisco’s slower pace. Between missions, she’d spend full days at Caffe Sapore on Lombard Street writing a book about arms trafficking she’s still working on today.

Stanford University’s Center for African Studies invited her to become a visiting scholar for a year, researching arms proliferation and lecturing students, while the Goldman School of Public Policy at the University of California, Berkeley, did the same thing shortly afterward.

But the San Francisco–based Ploughshares Fund became one of Austin’s biggest supporters, helping her finance the creation of a local arms and conflict office for the Fund for Peace, an antiwar think tank in Washington.

"At that time, one of the areas we did a lot of funding in was the control of small arms and light weapons," said Deborah Bain, Ploughshares’ communications director. "Kathi was someone who did a lot of very courageous work tracking arms flows around the world. We were very impressed with the work she was doing and the kinds of results she was getting."

By then the UN had grown to understand the need for knowledgeable people on the ground who could travel across various war-torn African countries and gather evidence on who was vioutf8g arms embargos and how they were doing it. In the coming years, Austin served as a consultant and official expert on panels that investigated sanctions violations in Liberia, the Congo, Uganda, Burundi, Sudan, and Sierra Leone with teams of other human rights investigators who’d long followed Bout’s operations.

Her ex-boyfriend, Todd Ewing, a foreign economic development specialist and Bay Area native who began dating her in East Africa during the ’90s, described Austin as intense and ambitious. While his own blonde hair and six-foot frame made him conspicuous in the region, he said Austin’s "big brown eyes" and polite manner enabled her to slyly convince gritty characters to talk.

"Her MO at that time would be to just disappear for months [on fact-finding trips]," Ewing said. "I always liked to describe her as a sort of spy for the good guys."

Observers say that history handed the equally ambitious Victor Bout a perfect storm in 1991 at just 24 — an age when many Americans are looking for their first post-collegiate job.

The Soviet empire dissolved that year, ending the Cold War between Russia and the United States. Economic globalization expanded and gave every creative entrepreneur with good connections, criminal or legit, a chance to make a fortune. Aging Cold Warriors in the Beltway during the Bill Clinton era and later in George W. Bush’s cabinet maintained a stark binary ideological view of the world and failed to take seriously the growing threat posed by transnational criminals who had exchanged ideology for profit.

After the Berlin wall fell, corrupt Russian oligarchs infamously plundered the country’s assets as they were privatized following years of state control. Some robbed Russia’s rich oil reserves. Bout sought its military installations and airfields containing rows of cheaply available and unused commercial planes, all essentially abandoned by the central government.

Profiles of Bout put him in Angola — and possibly Mozambique — working as a translator for Russian peacekeepers when the Soviet Union broke up. US officials say Victor Anatolijevitch Bout was born in Dushanbe, Tajikistan, a deeply impoverished former Soviet state, and speaks several languages.

Bout told the New York Times in a rare 2003 interview that he purchased three Antonov aircraft for next to nothing in 1992 and used them to exploit a gap in the transit market, at first ferrying innocuous cargo like flowers from South Africa to the Middle East.

But the mogul quickly fostered connections to old Eastern bloc manufacturing and storage facilities in places like the Ukraine and Bulgaria, which were filled with AK-47s — ubiquitous in the developing world — ammunition, tanks, helicopters, and other military equipment.

Over time, investigators say he erected a complex web of cargo and airline companies designed to throw off suspicion. If one firm faced too much attention from aviation authorities, another was created to hold the assets. Otherwise, bribery, fraud, and forged documents were used, according to a report on Bout created by the US Treasury Department. In many African countries, aviation regulations are weak and international law is rarely enforced.

"Unless confronted with documentary evidence to the contrary, Bout’s associates consistently deny any involvement with Bout himself or playing any role in arms trafficking," the treasury report from 2005 reads.

US officials believed by then that he controlled the largest private fleet of Soviet-era aircraft in the world and employed hundreds of people, overseen partly from a nerve center in the United Arab Emirates, at the time a fast-growing and highly unregulated intercontinental transportation hub east of Saudi Arabia.

The Treasury report and other investigations say Bout became a confidante of the Liberian dictator Charles Taylor, supplying him with gunships and missile launchers. Taylor is currently on trial in the Hague for directing horrifying atrocities in neighboring Sierra Leone, ranging from widespread and extreme sexual violence to drugging and forcing children into combat.

When treasury officials here finally moved to seize Bout’s assets and bar Americans from doing business with him in 2004, they concluded that he had received diamonds extracted from Sierra Leone in exchange for supplying arms to Taylor.

That year saw one of Austin’s boldest attempts to confront the trafficking of illicit goods, on an airport tarmac in the Democratic Republic of the Congo, at that time under its own arms embargo. A UN team Austin worked with uncovered piles of questionable registration records during a surprise inspection of two dozen planes, some of which fit Bout’s profile, as their Russian crews stood by, annoyed.

"I only told one or two high-ranking UN officials to get their permission, so we could be sure it didn’t get leaked out," Austin said. "None of the people involved in the actual inspection knew about it until that morning…. I’m still surprised it was so effective. I’m not sure it would work again."

International aviation rules require pilots to maintain several different types of documents, but the group found that 21 planes had invalid registration papers, two had false airworthiness certificates, and three had no insurance to speak of — telltale signs of smuggling. The group determined that weapons in the area were being exchanged for illegally mined columbite-tantalite, or coltan, a valuable mineral contained in some modern electronic devices such as cell phones.

The revelation led the UN Security Council to place Douglas Mpamo, a prominent alleged Bout manager in the region, on the DRC sanctions list, along with a pair of well-known Bout subsidiaries. With Austin’s help, another reputed top Bout lieutenant named Dimitri Popov made a similar security watch list in the United States.

Meanwhile lower-level bureaucrats in the US State and Treasury departments collected evidence on Bout for years, assisted by Austin, who occasionally met with them to relay information she had gathered on fact-finding missions. She testified to Congress about the proliferation of small arms, too, but after Sept. 11, the White House drifted away from a growing campaign to stop Bout.

"I don’t think the Bush administration should get any credit for the fact that Victor Bout was arrested," Austin said. "I think it has to do with the DEA being insulated from the policy influences of the administration. They kept the case so secret they were able to succeed. In the past, once it became an interagency issue or problem, bureaucratic inertia and turf wars entered in and always raised some obstacle to the actual pursuit of Bout."

Eventually, that bureaucratic inertia began to look like something far more shameful.

On April 26, 2005, several state and federal law enforcement agencies including the FBI, IRS, and Dallas Police Department, raided two homes and an office in Richardson, Texas, looking for evidence that Bout’s tentacles had reached the United States.

The properties belonged to a Syrian-born American citizen named Richard Chichakli, who had served in an aviation regiment of the US Army during the first Gulf War. After being discharged in 1993, Chichakli helped create a free trade zone in the United Arab Emirates.

That’s where Chichakli likely first met Bout. Chichakli later returned to the US and became licensed as an accountant and an expert in military contracting. Officials found records showing that the 49-year-old Chichakli had created American companies connected to Bout.

Also discovered during the raid were wire transfer statements showing hundreds of thousands of dollars at a time moving from Bout-connected companies in the UAE to Chichakli in Texas, and credit card invoices managed by Chichakli listing Bout’s lavish purchases at businesses serving the nouveau riche of Moscow.

The raids were the result of a July 2004 executive order signed by President Bush — who, facing pressure from the UN, authorized the raids and prohibited Americans from doing business with Bout due to his connections to Taylor in Liberia.

The White House’s action came years after Austin and other investigators compiled their own research on Bout’s role in arming African warlords. Thirty companies and four individuals were added to a blocking order as a result. Federal court records from the case include extensive references to UN reports on Bout, including some Austin worked on, like one citing witnesses who saw a Bout-connected plane transporting large volumes of arms and ammunition through a Congolese airport between February and May 2004. Something was finally being done, or so it seemed.

But Austin and her colleagues were furious to learn that the US Defense Department hired Bout’s vast air armada with taxpayer money nearly 200 times in 2004 alone to ferry supplies and construction materials into Baghdad after the start of the Iraq war.

Merchant of Death co-author Braun, a Los Angeles Times national correspondent, reported for the paper in December 2004 that two well-established Bout companies, Air Bas and Irbis, had contracted with the US Air Force and Army as well as private companies like FedEx and Kellogg Brown & Root, the much-maligned former Halliburton subsidiary. The State Department had circulated a list of Bout companies warning its officials not to use them, Braun wrote, but the Pentagon made no similar effort.

A fuel purchase agreement included in Chichakli’s court file shows that the Defense Department used Air Bas "for official government purposes" just nine days after Wisconsin Democratic Sen. Russ Feingold questioned top defense officials, including then–Deputy Secretary of Defense Paul Wolfowitz, about such contracts. But Wolfowitz didn’t acknowledge what he eventually characterized as the "inadvertent" use of Bout’s planes for Feingold until months later.

When Austin delved into the issue in 2005 with fellow Merchant of Death author Farah, a former West African bureau chief for the Washington Post, the pair obtained new information for an article in the New Republic showing that the US military also used Bout-controlled companies during a four-month period in 2005, long after the "inadvertent" contracting had first been publicized.

The discoveries were a major letdown for Austin. She’s discussing with some NGOs the possibility of suing the federal government for vioutf8g its own presidential executive order. But Austin knows that even if Bout lands in a US prison for life, there will be someone else to take his place. It’s already happening, she says. As dark as it sounds, Austin will never have to go without a job.

"I’ve seen so much of the same thing go on year after year," Austin said. "You just have to take it in stride and keep coming back punching and hitting. That’s just the nature of the beast, the nature of the work that I do. You just have to keep going."

L’homme de evasion: Tell No One

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By Erik Morse

Winner of four 2007 César Awards, including Best Director and Best Actor, Tell No One — aka Ne le dis à personne — stars François Cluzet as Alexandre Beck, a successful Parisian doctor whose wife Margot (Marie-Josée Croze) is horribly murdered in the disturbing opening scene. Huit ans plus tard and we learn that Beck has been investigated, harrassed and scapegoated by the gendarmerie for the crime until several key pieces of evidence link Margot’s death to the work of a local serial killer. Taken to drink and solitudinous reveries of the past, Alexandre remains consumed by the events of that night. His obsession over Margot’s death is further inflamed when he receives an email containing a surveillance video of his wife still very much alive. Her instructions to him: “Tell no one.” Is it a hoax? His imagination? Or his wife returned from the dead?

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Real money, false arrest

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› gwschulz@sfbg.com

The false arrest of an elected official in San Francisco for using a $100 bill that police wrongly thought was counterfeit has evolved into a potentially precedent-setting legal struggle over police accountability.

The San Francisco City Attorney’s Office is seeking to appeal the case all the way to the conservative-dominated US Supreme Court, an expensive fight that could overturn what would seem a welcome ruling in liberal San Francisco. The Ninth Circuit Court of Appeals last August affirmed in the case that citizens have the right to sue police officers after being unreasonably arrested for a crime they didn’t commit.

After a federal district judge refused to grant qualified immunity to the officers and throw out the lawsuit, City Attorney Dennis Herrera’s office insisted on repeated appeals argued by deputy city attorney Scott Wiener, rather than settling for a few thousand dollars and accepting that the cops simply screwed up.

"There are some people who would say ‘Why don’t you just pay a little money to settle it?’<0x2009>" Wiener told the Guardian. "But we have to take a broader institutional perspective, because if you start settling cases that don’t have merit, you’re going to wind up with a lot more cases like that than you would have otherwise."

At the center of the story is attorney Rodel Rodis, a Filipino activist and elected trustee of City College of San Francisco, who was arrested in the spring of 2003 and dragged to a police station for supposedly trying to buy a handful of items from a Walgreens with a counterfeit $100 bill. The bill turned out to be real.

But by the time the officers came to that conclusion, Rodis had suffered what he regarded as the terrible embarrassment of being shoved into a squad car with his hands behind his back in front of neighbors and constituents. It also occurred just around the corner from his longtime law practice and the main campus of City College, where he’s been an elected trustee since 1991.

Rodis promptly filed a $250,000 claim against the city, former Police Chief Alex Fagan Sr., and two officers at the scene alleging false arrest, excessive force, and the negligent infliction of emotional stress, among other things. He later offered to settle the suit for $15,000, but the City Attorney’s Office refused to accept the deal.

Five years and innumerable legal bills later, the case just keeps getting worse for the city — even before it lands in front of a jury to determine if indeed the police should compensate Rodis.

"Part of my mind was saying … ‘I’m not going to argue. I’m not going to resist,’<0x2009>" Rodis said of the arrest. "I put my hands behind my back but I’m thinking ‘This has got to be a mistake. Somebody here has to have some sense.’<0x2009>"

Rodis was suffering from minor allergy symptoms on Feb. 17, 2003, when he headed to a Walgreens on Ocean Avenue he’d been going to for 20 years. It was located near his Ingleside home and a law office he’s had in the neighborhood since 1992.

He picked up some cough syrup, Claritin, toothpaste, and a few other things. The total came to $42 and change, so he tried to pay with a $100 bill.

"I just happened to have it in my wallet," Rodis said.

The drugstore clerk used a counterfeit detection pen to be sure the bill was legit. It was, according to the marking, but the bill was printed in the 1980s before watermarks and magnetic strips were used to help stop counterfeiting.

The young clerk was unfamiliar with the bill’s design and called a manager to be sure. He, too, used a counterfeit pen to confirm that it was real. But the manager told Rodis he was still going to call the police, fearing it was fake. That’s when things turned surreal. Two officers showed up and almost immediately placed Rodis in handcuffs before trying to ascertain if he’d actually attempted to defraud Walgreens.

"They made no effort to determine what the situation was … they just assumed," Rodis said. "When she said ‘Put your hands behind your back,’ I thought I was in some Twilight Zone moment."

A third ranking officer on the scene, Sgt. Jeff Barry, had known Rodis for years as a local lawyer and City College trustee. Their sons were classmates. But Barry allegedly failed to step in and question whether Rodis was likely to be a fraud artist.

Another officer, Michelle Liddicoet, told Rodis she knew who he was and that he "should be ashamed of himself," according to the suit.

Feeling humiliated as other Filipinos he knew looked on, Rodis was put into the back of a patrol car and taken to Taraval Station, where he was handcuffed to a bench. There he waited another 30 minutes or so until the police officers were able to reach the Secret Service, which investigates currency for the US Treasury Department. A federal agent confirmed that the bill was likely genuine. The whole ordeal lasted about a couple of hours and Rodis was driven back to the drug store.

"This wasn’t a situation where Mr. Rodis was held in jail overnight or for a week or had to post some large amount in bail," Wiener said.

Fagan sent out a department memo shortly afterward stating that suspects have to know the currency they’re using is counterfeit before being arrested, and in any event, if they insist it’s real, the officer can book the bill as evidence for later examination and give them a receipt without arresting anyone.

But by then the damage was done and the hasty reaction of police would lie at the heart of the case that Rodis subsequently filed.

Rodis is an unlikely champion of police accountability. Known for his cantankerous personality, he all but accused the secretary of the San Francisco Veterans Equity Center last month in his regular column for the Philippine News of supporting a band of communist guerillas in the Philippines known as the New People’s Army, a charge the man angrily denied.

He bitterly responded with a string of e-mails last year when the Guardian reported he was several months late in sending legally required campaign disclosure forms from his 2004 reelection to the Ethics Commission (see "At the crossroads," 07/17/07).

But the city’s police academy also has invited Rodis to lecture recruits about San Francisco’s Filipino community as part of the department’s sensitivity training. A week after the incident involving Rodis, an elderly Filipino man who sold the San Francisco Chronicle downtown was savagely beaten and robbed of $400. He never found a police officer while walking to his Tenderloin home, where he died. The two incidents, one following on the heels of the other, enraged the city’s Filipino population of 36,000, and Rodis believes it proves the police department continues to have trouble with discrimination.

"The fact that it happened to me meant that I was in a position to do something about it," Rodis said of his dust-up. "For many [Filipino immigrants] … they wouldn’t have had the resources or the knowledge of the procedures to fight back. Even up to now, five years later, I still bump into people who appreciate the fact that I filed the action."

The case was assigned to Wiener, who is coincidentally the elected chair of the San Francisco Democratic County Central Committee and a longtime party activist in a city that’s famously wary of any perceived threat to civil liberties.

In his capacity as a lawyer for the city, though, Wiener tried to have Rodis’ suit tossed using a common courtroom maneuver known as summary judgment. Civil defendants request them from a court by arguing that a claim is so lacking in merit that they shouldn’t have to endure a costly, time-consuming jury trial.

He also made the standard claim that city employees — in this case police officers — are shielded by what’s known as qualified immunity, a legal argument designed to allow them room to make honest mistakes without facing an endless barrage of expensive litigation.

In March 2005, federal district judge Maxine Chesney granted the request in part, throwing out Rodis’ claim of liability against the city and county. But she allowed the part of the suit involving the two officers to move forward, arguing the arrest was illegal because they didn’t have probable cause that Rodis intended to defraud the store.

So Herrera’s office turned to the Ninth Circuit Court of Appeals, and in a move that surprised Wiener, the panel ruled 2-1 that public employees are entitled to qualified immunity, but not when they fail to act on their considerable law enforcement powers in a reasonable way and take into account all factors present at the scene.

To put it bluntly, cops sometimes make an error in judgment but they still have to use their brains for establishing probable cause. The panel also argued that even if the bill was counterfeit, Rodis did nothing wrong if he wasn’t aware of it.

"Even without knowledge of Rodis’ identity and local ties," the majority wrote, "based on the totality of the other relevant facts, no reasonable or prudent officer could have concluded that Rodis intentionally and knowingly used a counterfeit bill."

Now Herrera had on his hands published legal precedent that his staff believed imposed a new requirement on police officers to not only conclude that perpetrators passed counterfeit currency but also that they intended to defraud their victims. The decision, city officials claim in their pleading to the Supreme Court, could hamstring local and federal law enforcement investigating counterfeit currency and some other types of fraud.

"They said it was clearly established that probable cause is a fluid concept," Wiener said of the ruling. "Well, that’s a meaningless statement. Of course probable cause is a fluid concept. But the point of qualified immunity is that officers are entitled to rely on the current state of law about what the requirements are and shouldn’t have to predict what a judge is going to do down the road."

Lawrence Fasano, a lawyer for Rodis, counters that Fagan’s memo to the department reinforced the court’s opinion. Considering that the police and people in the neighborhood had known Rodis for years, the officers on the scene should have concluded that it was out-of-character for him to pass a counterfeit bill.

"All the evidence that was looked at by the police officers at the time indicated that he did not intend to pass counterfeit currency, including the fact that he had other $100 bills in his pocket that were genuine," Fasano said.

Fasano argued, too, that case law in California made clear the issue of intent cannot just be set aside by police.

Other cities and counties in California so fear the case’s impact that two interest groups representing them, the League of California Cities and the California State Association of Counties, filed a joint friend-of-the-court brief after the Ninth Circuit’s ruling, arguing that digital counterfeiting was a "threat to the nation’s fiscal health" that could grow in the future, and if allowed to stand, "the panel majority’s decision would eviscerate the doctrine of qualified immunity to the detriment of the public."

Wiener filed the Supreme Court petition in May after a larger panel of Ninth Circuit judges rejected a request for rehearing earlier this year. While the Supreme Court accepts only a fraction of the thousands of cases it receives annually, Wiener believes there’s a chance it will be accepted because of another such case it’s examining from the Tenth Circuit. The city won’t know for sure until the fall.

He adds that it’s extraordinarily dangerous for police to be forced to consider a citizen’s status as an elected official before concluding that probable cause exists for an arrest. The City Attorney’s Office won’t disclose how much has been spent on the case until it’s resolved, but Rodis estimates he’s spent more than $50,000.
The US dollar may be losing value internationally, but a $100 bill from the 1980s could cost San Francisco big bucks.

“Hancock”

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REVIEW This summer’s obligatory Will Smith blockbuster has the ever-bankable star playing the titular role in Hancock — a foul-mouthed antihero apt to fly into action while clenching a bottle of whiskey. Though this reluctant superman of unclear origins consistently puts bad guys behind bars, the citizens of Los Angeles are none too thrilled when he arrives on the scene; Hancock’s chaotic brand of crime fighting has been taking a devastating toll on the city’s roads, buildings, ice cream trucks, and beached whales. That is, of course, until he saves the life of Ray (Jason Bateman), an idealistic public relations executive who decides to help Hancock revamp his image. Smith has the kind of charisma that can make even the most poorly-written shlock at least somewhat bearable. This time around, he doesn’t have to work as hard; Hancock is teeming with the fast-paced action and destruction that we seem to crave during the summer months. Plus, it’s surprisingly funny. As you might expect, Smith brings the bulk of the laughter but Bateman exceeds his straight-man role with his playfully wry delivery. Yes, the story is predictable and there is an annoyingly telegraphed "twist" involving Ray’s wife Mary (Charlize Theron), but Smith’s foray into superhero movies manages to entertain. For those keeping track, Hancock is no Men in Black (1997). Thankfully, though, it’s no Wild Wild West (1999) either.

HANCOCK opens Wed/2 in Bay Area theaters.

Editor’s Notes

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› tredmond@sfbg.com

Look, I get the gun thing. I started shooting a .22 rifle in third grade, and by the time I was 11 I had a gold National Rifle Association Sharpshooter medal on my wall. Even in my advanced, protogeriatric condition, I can still pop the logo on a Budweiser can at 50 feet; I did it two months ago, in upstate New York, with my nephew and namesake, who is a proud teenage redneck. Tim lives in a small town, wears camo, smokes the adults at paintball, and loves his firearms.

My brother, his dad, goes along with this reluctantly — in his household, there are very strict rules about gun use. The .22 and the .177 have trigger locks, and my brother keeps the only key in his pocket. The ammunition is locked up separately. And he has informed his son that anything you kill, you eat — which discourages any potshots at squirrels and birds. I can live with that.

I also have a friend in San Francisco who hunts, and I’m more than happy to go to his annual pig roast and consume the sweet, juicy, wonderful wild boar he pegged in Sonoma County.

So I get it. There are people who love target shooting, and since I was one of them many years ago, I understand. There are people who think it’s cool to go shoot a pig or a turkey or a duck and take it home for supper: since I think it’s one of the world’s great experiences to catch a bass or a trout and do the same thing, it’s hard to be critical.

But the United State Supreme Court decision last week wasn’t about my nephew’s .22 or my friend Rich’s hunting rifle. It was about whether cities can do anything remotely at all meaningful to keep 14-year-olds from shooting each other on the streets.

It’s about whether kids in Hunters Point and the Western Addition will live to graduate from high school. It’s about whether the desperate young people who are doing robberies in the Mission District and Bernal Heights will wind up shooting someone and spending the rest of their lives in prison over a bag of groceries and a hundred bucks. It’s about whether someone the age of my kindergarten daughter will take a bullet in the head one night and die from the crossfire while she’s asleep in bed.

Let’s face it: this is about handguns and assault rifles, about weapons that have very little use in hunting, that are rarely part of any sporting tradition, and that exist almost entirely for the purpose of killing other human beings.

The unnamed man who is suing — with the NRA’s money — to win the right to own a handgun in San Francisco public housing claims he needs a weapon to defend himself. I’ve been studying self-defense for 17 years now, and let me tell you a not-so-secret fact: guns are a terrible method of protection. If you own a gun in a city, the odds are far better that it will kill you or a loved one than that it will save your life. Guns don’t deter crime; they encourage crime.

And for my dear friends on the left who say that the Second Amendment protects us all from government repression, let me politely suggest that if the Marines invade San Francisco, the pistol in your attic won’t be much help.

City Attorney Dennis Herrera is fighting back on the NRA lawsuit, aggressively. He has to keep it up; this is madness.

In the court of Charlemagne Palestine

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Charlemagne Palestine
From Etudes to Cataclysms
(Sub Rosa)

By Erik Morse

Charlemagne Palestine (real name: Chaim Moshe Tzadik Palestine) has long been an unrecognized co-star in the avant-celebrity tradition of minimalism. Born in Brooklyn and working alongside his more famous brethren for decades, Palestine blends entrancing keyboard intervals with stylized performance and mythmaking. In his newest two-CD collection of compositions, From Etudes to Cataclysms, the musician gets second billing to the unique piano he plays.

Christened the Borgato by its eponymous inventor, a musician from Padua, the instrument consists of two grand piano bodies, constructed vertically, with the first containing all 88 keys and sitting at normal playing height while the second contains only the lower 37 notes and rests near the feet. Having previously learned to perform on the carillon, a medieval bell instrument played with the fists and feet, Palestine was reportedly eager to test his dexterity on the mutant machine. Recorded over three days at the Church of Saint Apollinare Monticello in Lonigo, Italy, the end product is a 140 minute tour de force of mindful possibilities and mindless boredom.

The first disc (“Etudes”) consists almost entirely of Palestine’s exercises with repetition and formality as he builds enormous ghostly overtones from long periods of high- and low-end trilling. From the opening “super high tones” to the closing “tritone octave ½”, there is an ongoing struggle, in both performance and perception, between obscure mathematical process and arcane artistic license. The tension builds further and further as the individual notes blur into less delineated “clusters” of sound without harmonic resolution. Drones, secreted beneath the surface sounds, phase in and out with a spectral menace.

As with most extended minimalist compositions, there are various levels of intention and thus appreciation simultaneously at work. While the abstractionist and musicologist might luxuriate in so-called “microtonal” resonances spiriting between the Western intervals of the piano, casual listeners may simply gape at Palestine’s superhuman playing endurance. Regardless, the listener hangs on to this sonic maelstrom half in suspense and half in stupor. The hypnotic effect is not very different from that produced by LaMonte Young’s The Well Tuned Piano (Gramavision, 1988) or the film soundtracks of Ligeti or Donaggio. And most of the pieces do have a strong kinaesthetic component to them, eschewing the aural for a chimerical cinematography.

The second disc exudes similar hypnomonotony but the pianist’s trills reside more on the lower end as he seems to take full advantage of the “bass” piano at his feet. In “Cataclisma 2” and “Cataclisma 3,” the use of tension and resolution is particularly effective, again invoking the nocturnal soundtrack moods of Eyes Wide Shut or any of a dozen “metaphysical” crime films. By “Cataclisma 4,” a behemoth piece clocking in at nearly 20 minutes, the divisions between tracks seem arbitrary or beyond a dilettante’s comprehension. Unfortunately, the recording fails to present the overall image of a Charlemagne Palestine recital, where the performer in question often surrounds himself with stuffed teddy bears, books, and aged cognac. Such knick-knacks probably connote a humor and playfulness that is sorely missing in the heavy intellectual conceits of From Etudes to Cataclysms. Nonetheless, for followers of the current avant-garde, the work of this renegade pianist has few equals.

Sour sixteen

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› a&eletters@sfbg.com

Tom Kalin’s 1992 Swoon was a signature feature from the New Queer Cinema movement. Its dramatization of the 1920s Leopold and Loeb case seemed arresting for both its crisp black-and-white photography and flagrant disregard for still-prevalent sentiments that gay screen imagery need always be case-pleadingly positive. Here was talented Kalin, making his first feature about two notorious Chicago thrill-killers — privileged young gay lovers who murdered a 14-year-old boy they vaguely knew simply to fulfill their self-identification as Nietzschean supermen. However, their perfect crime was detected quickly, to public revulsion that no doubt cast a long, dark shadow over gay-rights struggles for decades afterward.

Swoon was striking but superficial — a cool-looking, attitudinal performance piece riding on gallery aesthetics, fashionable moral ambiguity, and Kalin’s professed admiration for the real-life protagonists as anarchic revolutionist souls. (To which I say: bullshit.) It certainly got him enough attention to leg-up a career. Yet he’s only now finished a second feature.

Two feature films in 16 years provide thin grounds for trend-spotting. Still, it’s hard to ignore that Savage Grace is another true-crime dramatization involving murder and decadence within the social elite, one that replaces Swoon‘s amoral Jazz Age gay Chicagoan youths with postwar transatlantic jet-setters. Kalin has a Dominick Dunne–like nose for bloodlust among the powerful and privileged. It led him to the 1972 murder of socialite Barbara Daly Baekeland by her son Antony, an act that subsequently exposed years of incest, adultery, substance abuse, questionable parenting, and rampant craziness — all within the glittering A-list milieux befitting beneficiaries of the Bakelite Plastics fortune

The 1985 book Savage Grace used interviews, letters, and diary entries to tell the gruesome story in first-person pastiche. Redirecting that saga toward conventional dramatic narrative, Kalin and scenarist Howard A. Rodman can’t replicate that tome’s multiplicity of voices, nor do they try — after all, the toxic mixture of lurid acts and privileged environs inevitably compels interest. But just as Swoon displayed a detached appreciation of — rather than deep insight into — its glamorously bent protagonists, Savage Grace exhibits an infatuation with the glitterati who turn out scandalous freakazoids minus any palpable sense of what went wrong.

"Everything that happened, happened because of love," says grown-up Antony (Eddie Redmayne) in voiceover. But love isn’t the precise term one would apply to life with his high-end transient family: codependency, manipulation, and massive narcissism are more apt. Raised poor but pathologically ambitious, ex-model Barbara (Julianne Moore) snagged old money — at least by US standards — when she snagged Brooks Baekeland (Stephen Dillane).

Their union already had degenerated into relentless social climbing and mutual cheating — along with the occasional hatefuck — by the time little Antony arrives. Prone to smother-motherdom and jags of irresponsible neglect, Barbara raises him to become a filigreed rich-hippie Eurail dandy. He gains a male lover, then a girlfriend poached by Dad, then becomes involved in a three-way with Mom and her suave older beard (Hugh Dancy). Meanwhile, scenes shift from Manhattan to Catalonia to Paris to London. A boy could go crazy from so much disorienting change — though you might not realize from this film that the true-life Antony had exhibited signs of schizophrenia at an early age.

Also missing from Savage Grace are such telling real details as the Baekelands’ refusal to allow Antony therapy, or Antony’s prior knife-wielding threats toward Mom, or her failed attempts to make him heterosexual by hiring dates for him. These elements might have enriched a movie that comes off as entirely outside-in. Kalin’s visual attention to lifestyle particulars doesn’t deepen these characters. It merely accessorizes them.

Moore may be incapable of a bad performance, yet this seemingly ideal role elicits one of her thinnest characterizations. She’s duly alluring and grasping, and unpredictably profane when she’s raging. But Kalin and Rodman haven’t given this monster mother any substance. Considered by many to be the story’s true villain, Dillane’s neglectful Brooks makes a too-vague impression. However, the reliable Dancy is excellent as a dedicated follower of fashion, and Redmayne’s nervous eyes convey the ratcheting instability of a boy-man who instinctively knows his worldview is tragically wrong.

Sixteen years haven’t made much difference for Kalin. Even in color, his shallow vision of imploding personalities feels like tabloid artsploitation. Other New Queer Cinema mavericks have gone on to make films that challenge artistic, thematic, and commercial assumptions. In comparison, Savage Grace is oddly conservative. *

SAVAGE GRACE

Opens June 27 at Bay Area theaters

www.ifcfilms.com

A heart once nourished

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› gwschulz@sfbg.com

Community court, every second Thursday at 10 a.m. Narcotics Anonymous on Wednesday. Apprenticeships for construction workers, Monday, bright and early.

The ancient letter board just inside the entrance of the Ella Hill Hutch Community Center tells much of the story of this neighborhood institution. Since 1981 it’s been a crucial hub for the Western Addition, a mostly level stretch of terrain west of downtown that rivals the Mission District and Bayview–Hunters Point as the source of the most despair from senseless gun violence.

For decades Ella Hill was a safe haven, a place where kids and seniors felt comfortable, where people could learn and teach and talk and work together, a little oasis in the world of urban hurt.

A placard affixed to one wall of the entryway honors Thurgood Marshall, the nation’s first African American US Supreme Court justice. In a small office nearby, a tutor assists a young girl with the multiplication table. Elsewhere, a list of rules forbids profanity, play-fighting, and put-downs.

There’s also a poster of Ella Hill Hutch, the first black woman elected to San Francisco’s Board of Supervisors, where she served from 1978-81.

But in 2006, a man was murdered during daylight hours in the center’s gymnasium before dozens of witnesses. That slaying was one of at least five brutal incidents that took place in the shadow of Ella Hill between 2006 and 2007; three more murders occurred within blocks. Many remain open cases today.

And now the center is having serious problems — troubles that reflect those of the city’s African American population, which has been plagued by violence and socioeconomic changes that are closing opportunities and forcing longtime residents out the city.

Several census tracts in the neighborhood that at one time contained between 3,000 and 6,000 black residents are down to 1,000 or far less, according to a San Francisco State University study commissioned by the city last year. The report showed that between 1995 and 2000 San Francisco lost more of its black population than 18 other major US cities.

Ironically, the city is now preparing to close the final dark chapter on 50 years of federally subsidized redevelopment in the Western Addition. But the displacement that the bulldozers set off half a century ago continues today, unabated.

That exodus has compounded structural problems at the center just when its remaining clients need it most. The nonprofit late last year underwent an organizational shake up and brief takeover by the Mayor’s Office to save it from imminent financial collapse. The center’s executive director of two years, George Smith III, was fired with little public explanation last year, and a permanent head was named only recently.

As with many aspects of this troubled community, it was unaddressed violence that fed the fire. Simply subsisting in the heart of a violent neighborhood was strain enough for Ella Hill. But suffering an attack from within seemed too much to bear for an institution some call "San Francisco’s Black City Hall."

The 2006 killing took one man’s life, but Ella Hill itself — still facing an uncertain financial future — felt the searing rounds too. Now some wonder if the nonprofit can survive the very violence and poverty it was created to help end in a neighborhood that’s changing forever.

In Ella Hill’s noisy gymnasium at the building’s east end, two teams of middle schoolers practice basketball.

"My job is to be in the best position to box him out for a rebound," their coach says as they crowd around the free throw line.

The kids are radiant and attentive now. But from this same basketball court on April 27, 2006, the Western Addition briefly edged ahead of the rest of the city in extreme bloodshed.

Donte White, 22, was working part-time at the center. As he supervised a basketball game, two unidentified males entered Ella Hill. One brandished a firearm and shot White at least eight times in the face, neck, and chest as several kids looked on in utter horror. Among them was White’s young daughter.

Police arrested 25-year-old Esau Ferdinand for the attack five months after White’s murder. But within two weeks prosecutors decided they could no longer hold him and declined to press charges when a key witness disappeared on the eve of grand jury proceedings.

Even with other witnesses filling the gym, police gathered few additional leads, an all-too-common story in a neighborhood where residents often prefer to avoid both law enforcement and vengeful criminal suspects.

The center installed cameras and an alarm. A buzzer was placed on the front door. But the new security measures cut against Ella Hill’s image as a demilitarized zone, and the center remains shaken by White’s murder. Some parents began barring their children from going there.

"Can you imagine something like that, someone coming into a rec center in the middle of the day with a firearm and shooting and killing a guy?" asks Deven Richardson, who resigned from Ella Hill’s board in 2007 to focus on his real estate business. "That really set us back big time in terms of morale. It really was a dark moment for the center."

Sup. Ross Mirkarimi, whose district includes Ella Hill, says that after he took office in 2004, he learned that the police weren’t stationed at the center during prime hours and had never created a strategy for attaching themselves to the center the way they had at other safe-haven institutions in the city, like schools. He told us he’s had to "really work" to get the nearby Northern Station more integrated into Ella Hill.

"Before the murder of Donte White, there had also been a series of incidences inside Ella Hill Hutch," Mirkarimi said over drinks at a Hayes Valley bar. "Nothing that resulted in anybody getting killed, but certainly enough indicators that really should have been taken more seriously by the mayor."

In June 2006, shortly after White’s shooting, the San Francisco Police Commission and the Board of Supervisors held a tense public meeting at the center. Residents, enraged over the wave of violence that summer in the Western Addition, shouted down public officials, including Chief Heather Fong, who was forced to cut short a presentation on the city’s crime rate.

That same month, the supervisors put a measure on the ballot to allocate $30 million over three years for violence-prevention efforts like ex-offender services and witness relocation. But Mayor Gavin Newsom, following a policy of fortifying law enforcement over community-based alternatives, opposed the measure because it excluded the police department. Prop. A, designed to finance groups like Ella Hill with connections to the neighborhood that the police will never have, lost by less than a single percentage point.

Meanwhile, four homicides in the neighborhood that year joined frequent anarchic shootouts in the Western Addition, including many that never made headlines because no one was killed. The fatalities led to promises by City Hall that the area would be saturated with improved security, including additional security cameras that have mostly proved useless in helping the police solve violent crimes.

On June 3, 2006, 19-year-old Antoine Green was standing on McAllister Street near Ella Hill early in the morning when he was shot to death in the head and back. On Aug. 16, 38-year-old Johnny Jackson’s chest was filled with bullets as he sat in the front seat of a Honda Passport on Turk Street not far behind Ella Hill. A woman next to him in the car suffered a critical gunshot wound to the head.

Two more killings occurred further east at Larch Way, a popular location for murder in the neighborhood.

Burnett "Booski" Raven, a 32-year-old alleged member of the Eddy Rock street gang, was found bleeding at 618 Larch Way early Oct. 7, his body laying halfway in the street and containing at least 10 gunshot wounds. On July 22, police found 23-year-old John Brown, another purported Eddy Rock member, wedged under a Chevy pickup truck, dead from up to seven gunshots.

Brown had reportedly survived two prior shootings, but the Western Addition’s cultural condemnation of "snitching" to police has so infected the neighborhood that he allegedly told police not to bother investigating either of the attacks.

Loïc Wacquant, a sociology professor at the University of California, Berkeley, says neighborhoods like the Western Addition that once contained stable black institutions — schools, churches, and community centers that glued residents together — have been overwhelmed by the rise of a white-collar, service-based economy, the decline of unions, and the withdrawal of meaningful social safety nets.

Cities have responded to the resulting marginalization with more police officers, more courts, and more prisons. But the failure of those institutions to cure rising violence "serves as the justification for [their] continued expansion," Wacquant quoted Michel Foucault, the famous late UC Berkeley sociologist, in the academic journal Thesis Eleven earlier this year.

The roots of the Western Addition’s tragedy go back to the early post-World War II era. In 1949, Congress enacted laws giving cities extraordinary powers to clear out land defined as "blighted." In San Francisco, that meant neighborhoods where low income people of color lived.

The Western Addition was devastated. Huge blocks of houses were bulldozed. Clubs, stores, restaurants — the heart of the black neighborhood — were wiped out. Many residents were forced out of the neighborhood and sometimes the city forever; others lost their property and their livelihoods (see "A half-century of lies," 3/21/2007).

By the 1970s, neighborhood activists were hoping that at the very least the Redevelopment Agency would pay for a recreation facility for kids. But city officials wouldn’t put up the money, recalls the Rev. Arnold Townsend, a longtime political fixture in the city and associate pastor of the Rhema Word Christian Fellowship.

Townsend said activist Mary Rogers — whom he calls "the greatest champion kids ever had in this community" and a famous critic of redevelopment — gave up on City Hall and went to Washington DC, where she sat in at a meeting that happened to include Patricia Harris, Secretary of the Department of Housing and Urban Development under President Jimmy Carter. Rogers, joined by a group of colleagues from San Francisco, bumped into Harris afterward.

"[Harris] shook Mary’s hand like politicians do, and Mary wouldn’t let her hand go until she had a meeting," Townsend said. "They were having a tug-of-war over her hand."

Rogers’ determination paid off, and enough political channels opened up that money for the center became available. Then-Mayor Dianne Feinstein cut the ribbon for the $2.3 million Ella Hill Hutch Community Center four months after the supervisor’s death, complete with outdoor seating for seniors, a gymnasium, tennis courts, and child-care facilities.

A young counselor named Leonard "Lefty" Gordon who worked at the Booker T. Washington Community Service Center, one of the city’s oldest black institutions — it was founded in 1919 on Presidio Avenue, where it remains today — was named executive director of Ella Hill three years later and led the center to wide acclaim for 17 years.

A recreation coordinator at Ella Hill started a reading program for young athletes after discovering that a local high school football star wasn’t aware he’d been named the city’s player of the year: the teenaged boy couldn’t read the newspaper to find out. Other programs for tutoring and job training targeting young and old residents were likewise started under Gordon.

Many of the people we interviewed recalled the "kitchen cabinet" meetings convened by Lefty Gordon at Ella Hill as among their fondest memories. Everyone from the "gangbangers to police" attended Gordon’s meetings, Townsend said, and made them a repository of complaints about what was happening in the neighborhood.

Alphonso Pines, a former Ella Hill board member and organizer for the Unite Here! Local 2 union, eagerly showed up at the meetings for months after attending 1995’s Million Man March in Washington.

"I hate to see brothers die, regardless of whether it’s at Ella Hill," Pines said of Donte White’s 2006 killing. "But that was personal for me, because that was the place where I had sat on the board for years. That was real shocking."

Lefty’s son, Greg Gordon, said that his legendary father — who died of a heart attack in May of 2000 — worked so hard for the center that he allowed his own health to deteriorate.

Most beneficiaries of Ella Hill’s social services now live in the southeast section of the 94115 ZIP code, roughly bordered by McAllister and Geary streets to the south and north, and Divisadero and Laguna streets to the west and east.

The majority of Ella Hill’s approximately $1.4 million annual budget comes from government sources, either through grants or nonprofit contracts.

Newsom, through his community development and housing offices, has given $860,000 over the past three years to Ella Hill to help job-ready applicants obtain construction work and other general employment in the neighborhood. The center launched its JOBZ program in 2006, targeting formerly incarcerated young adults and others with a "hard-to-employ" status.

Caseworkers must convince some participants to leave gangs, deal with outstanding warrants, pay back child support, expunge criminal records, or eliminate new offenses, all of which can exacerbate a desire to give up. Sometimes the center has to buy people alarm clocks.

"None of these other programs that are being funded in this community want to deal with the kinds of kids or people who come to Ella Hill…. [It] is the last stop for everybody," said London Breed, head of the African American Art and Culture Complex on Fulton Street and a Western Addition native. "That’s where people go who have no place else to go, which is why it’s so important."

Most nonprofits working for the city must regularly report their operational costs or show how program funds are being spent on graduation ceremonies and trips to university campuses. The required forms are mind-numbingly bureaucratic and reveal little about what a place like Ella Hill might face on a practical level each day. But last year, former executive director George Smith betrayed a crack in Ella Hill’s veneer.

"Once again violence has impacted the community with three incidents in close proximity to the complex this month alone," he wrote to the San Francisco Department of Children, Youth and Their Families, which supports the center with college preparation grants. "One of the victims was a young man scheduled to graduate from high school in June."

On May 25, 2007, 19-year-old Jamar Lake was leaving a store on Laguna and Eddy streets, northeast of Ella Hill, when a teen suspect opened fire on him. Paramedics were so worried about security in the neighborhood that they fled before attempting resuscitation, according to a report from the San Francisco Medical Examiner. Lake died at General Hospital that day.

Weeks later, a manic 12-hour long feud erupted between several gunmen on McAllister Street. Seven people were wounded during two daytime shootings that took place in the Friendship Village Apartments, across the street from Ella Hill.

Then in July, a suspect randomly and fatally stabbed 54-year-old Kenneth Taylor in the neck as he sat on a park bench near sundown at Turk and Fillmore streets, within easy view of the SFPD’s Northern Station. Police didn’t respond until Taylor stumbled to the sidewalk and collapsed; a witness had to flag down a patrol car.

Following the Lake shooting, the mayor and police department promised, as they had the year before, that foot patrols would be increased in the 193-unit Plaza East Housing Development and other public housing projects in the Western Addition.

But the city’s most visible response has bypassed Ella Hill — which has some street credibility — altogether. Instead, City Attorney Dennis Herrera went to court to get injunctions against street gangs in June 2007.

Herrera’s initial filing came days after the wild shootout on McAllister Street, but the timing was coincidental. The city attorney also had been preparing injunctions against gangs in the Mission and Bayview-Hunter’s Point for months. For the Western Addition, the city attorney noted a "recent rise in violent crimes perpetrated by the defendants," and asked that the members of three gangs be banned from associating with one another inside two "safety zones" marked along the contours of their respective territories, a 14-square-block area that straddles Fillmore Street and rests just north of Ella Hill.

"The conditions within the two safety zones have become particularly intolerable in 2007 as the deadly rivalry between the Uptown alliance and defendant Eddy Rock has intensified," Herrera’s office told the court. "In 2007 alone, this rivalry is the suspected cause of at least three homicides and numerous shootings within the two safety zones."

Some critics viewed barring people from congregating with one another a civil rights violation. And worse, they feared it would merely shove more African Americans and Latinos out of the Western Addition, which would benefit the city’s wealthiest white residents.

"All of this stuff about gang injunctions is a bunch of malarkey," said Franzo King, archbishop of the Saint John Coltrane African Orthodox Church on Fillmore Street. "You don’t really have gangs here…. [In San Francisco] they’re a big club."

Herrera nonetheless convinced a Superior Court judge to issue the injunctions after filing 1,200 pages of evidence arguing that the three "clubs," which include only about 65 people named by the city, are endless public nuisances and force organizations like Ella Hill to battle with them for the affections of Western Addition youth.

Police admit that the injunctions since last year have, in fact, led people to simply leave the neighborhood. Still, they insist the injunctions have reduced trouble in the Western Addition. The Knock Out Posse, for instance, is evaporating, they say.

Paris Moffett, a 30-year-old alleged Eddy Rock leader, told the Guardian in a separate story on the gang injunctions last November that he and others were organizing to quell violence in the neighborhood and would do so in defiance of the gang injunctions (see "Defying the injunction," 11/28/07).

But on the day that story ran, Moffett hampered his new cause when, according to a March 27 federal indictment, police arrested him in Novato for possessing a large quantity of crack and MDMA, as well as a Colt .45 semiautomatic.

After Lefty Gordon died, the center went through a couple of directors in relatively short order. Robert Hector, a second-in-command to Lefty Gordon, helmed the center briefly; he was replaced with George Smith III, who left in 2007.

Meanwhile, problems at Ella Hill grew.

"The seniors just stopped their participation," Anita Grier, a former Ella Hill board member who first ran for the San Francisco City College Board of Trustees in 1998 at Gordon’s encouragement, told us. "Things were never excellent, but they just got much worse once [Gordon] was no longer director."

The center, a standalone nonprofit, had long struggled financially in part because it relied so much on contracts and grants from the city rather than pursuing funds from private donors. Mirkarimi says Ella Hill’s structure is unlike any other community center in the city. Many other centers are directly maintained by the San Francisco Recreation and Park Department.

Contract revenue from one Ella Hill program, such as providing emergency shelter to the homeless, was often diverted to keep another on life support or to simply cover the center’s utility bills.

By early 2007, the center faced a financial catastrophe. Donald Frazier joined Ella Hill’s board as president in January 2007 and embarked on a reform effort to turn the center around. He commissioned what came to be a blistering audit that revealed the nonprofit owed over $200,000 in state and federal payroll taxes. As a result, the center faced $63,000 more in penalties and accrued interest.

Mirkarimi blames community leaders in his district for refusing to acknowledge a crisis at the center and for not turning to City Hall for help when Ella Hill appeared to be slowly rotting from the inside out.

The mayor’s staff, he adds, wanted to believe Ella Hill was working on its own and should’ve continued to do so because, despite its financial reliance on the city, it was technically an independent nonprofit. In reality, Mirkarimi said, "They were afraid to piss off black people, is what it comes down to. They were afraid to tell it like it is — that things weren’t working."

Sending delinquent invoices to the city, failing to institute reasonable accounting standards, and falling far behind on its payroll taxes all threatened the government contracts and grants that kept San Francisco’s Black City Hall afloat. By extension, the audit concluded, that meant Western Addition residents who relied on Ella Hill were "victimized" by the center’s improper use of its limited resources.

Aside from the audit, which Ella Hill instigated itself, there’s no indication in the records of agencies funding the center that any problems were occurring, which implies the city wasn’t paying attention.

"As far as I’m concerned," Mirkarimi said, "we had a renegade institution, and the only reason it wasn’t renegade in an illegal sense was because the lease allowed them to have a parallel governance structure. But it was renegade in the sense that the city neglected to supervise properly."

In November 2007, just after residents hijacked a chaotic board meeting with an extended public comment period, Frazier told the directors in closed session that the Redevelopment Agency was planning to restrict future funding for the center due to its management problems.

One month later, the mayor dispatched an aide, Dwayne Jones, along with redevelopment agency director Fred Blackwell, to a meeting at Ella Hill with an ultimatum. Jones told the assembled that new interim appointees would be taking over the center’s bank books, recreating its bylaws, and electing a new board and executive director. The old board would essentially be dissolved. According to observers at the meeting, Jones told them that if they resisted the plan, funds received by Ella Hill from various city agencies would be jeopardized, as would its low-cost lease of city property.

Two defiant board members viewed the move as a "hostile takeover" of a private nonprofit organization by the mayor and voted against it, but the rest of the board agreed to the restructuring. Mirkarimi says there was simply no alternative.

"Right now it needs to be shrunk to what it can do really well, instead of doing what they had to do in the last five years, an incremental sloppy way of programming," he said.

The interim board in April named a former Ella Hill employee and Park and Rec administrator, Howard Smith — unrelated to George Smith — to be the center’s new executive director. But after all the changes Ella Hill made to fix its leadership problems, there are no assurances the city won’t leave Ella Hill without the money it needs to keep the doors open next year.

It’s noon on a recent Friday and Ella Hill’s new executive director is scrambling to keep things together. An employee wants him to glance at a form. Another man wants to come in and play basketball. Smith has a board meeting minutes from now, but he’s scheduled an interview with the Guardian at the same time.

Smith’s a well-built man dressed in a pressed suit, polished shoes, and a sharply-knotted tie. He’d mostly avoided our calls for weeks. Word spread in the neighborhood that the Guardian was planning some sort of hit piece on Ella Hill.

But it won’t be a newspaper that capsizes the center.

A significant portion of the center’s funding will be threatened over the next year. The redevelopment agency is scheduled to end its 45-year reign in the Western Addition by then, a blessing of sorts since so many people in the neighborhood feel it’s done nothing but upend the lives of black residents. But the end of the agency means that redevelopment funds for Ella Hill’s job placement programs, about $400,000 annually, will disappear.

In addition, about $300,000 more a year will dry up since the San Francisco Human Services Agency hasn’t renewed an emergency homeless shelter contract with the center. Mirkarimi believes the mayor, too, will try to stop providing Ella Hill with funding through his community development office next year.

If Newsom does back away, Mirkarimi warns, there will be "a very loud showdown."

"What I’m worried about is that the Newsom administration is basically cutting and running on this, and I’m not going to allow that to happen, at least not without a fight," he said.

The alternative is for Rec and Park to take over managing Ella Hill’s facilities with DCYF continuing to fund youth programs there while the Redevelopment Agency commits community benefits dollars from a legacy fund to the center — the least it can do after a half-century of transforming the neighborhood, locals be damned.

An interagency council made up of the center’s primary funders could collectively watchdog its performance, Mirkarimi says. Once Ella Hill’s leaders prove that the center has fully returned to its original mission, it can consider expanding to serve other populations in the neighborhood, or even seek a plan to detach further from the city.

The mayor’s spokesperson, Nathan Ballard, did not respond to an e-mail containing detailed questions, and his aide, Dwayne Jones, did not return several phone calls. But Smith said during a later lunch interview at the Fillmore Café that he agrees with Mirkarimi’s idea.

"There are so many programs out there that say they’re doing something on paper, but they’re really not doing it," Smith said. "They’re running ghost programs. So what I’ve been saying at Ella Hill since I got there is, ‘We will do exactly what we said we were going to do.’<0x2009>"

In the meantime, Smith is determined to prove that Ella Hill’s history has only just begun. The mural of Lefty Gordon outside the center received a fresh coat of paint recently, and the color pops. The sidewalk is being repaved and new handrails installed. The walls inside are clear of the aging posters and letter board that hung there a few months ago.

Before heading off to his board meeting, Smith teasingly asks an adolescent boy meandering in the center’s entryway for 75 cents. The boy’s always hitting him up for pocket change.

"I don’t got any," the boy responds.

"You don’t have any," Smith corrects.

Smith suddenly realizes what time it is.

"Hey, why isn’t this guy in school?" he wonders aloud.

At that moment, only the Ella Hill Hutch Community Center was asking the question. *

Oh, no — not BUDWEISER!

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bud.jpg belgium.jpg sad.jpg

Egads! The company that makes my favorite beer may be taken over by a Belgian brewer!

And sales are down 1.4 percent this year!

I’m sorry, Mr. August Busch IV — I’m drinking as much Bud Light as I can!

How can we allow this timeless icon of America be sold off to the makers of (gasp!) Stella Artois?

Forget the war, the budget, crime and poverty — the is BEER we’re talking about. To the ramparts!

The house that Hiero built

0

› a&eletters@sfbg.com

**Update: The Paid Dues Independent Hip Hop Festival has been cancelled. See below for more details.

I’m not accustomed to receiving rappers at my home at 8 a.m. — an hour most rappers have only heard of — but I made an exception for Tajai Massey, member of Souls of Mischief and Hieroglyphics. A self-confessed early riser and the first MC to ever accept my offer of a cup of coffee, Massey is a busy man.

While gearing up for the Hieroglyphics’ Freshly Dipped tour, which kicks off June 14 with the Paid Dues Festival at the Berkeley Community Theatre, the lanky 33-year-old head of the group’s Hiero Imperium label was about to head to Seattle for a spot date with his new rock outfit, Crudo, with Dan the Automator and ex-Faith No More frontman Mike Patton. Meanwhile Massey’s been juggling two upcoming projects, one of which he hopes to release in the fall: a new, self-produced Hieroglyphics disc and the fourth studio release by Souls of Mischief, produced by legend Prince Paul. In the interim, he’s prepping fellow Souls-member Opio’s second solo album, Vulture’s Wisdom, Vol. 1 (Hiero Imperium), for July.

Yet none of this accounts for our meeting. Our conversation instead focused on Massey’s other job: overseeing his own imprint within Hiero, Clear Label. Though begun in 1999 to release his SupremeEx trip-hop collaboration with Hiero Web designer StinkE, Projecto: 2501, Clear Label really established itself circa 2005 with two artists of a very different sort: Shake Da Mayor of "Stunna Shades" fame and Beeda Weeda, whose 2006 full-length, Turfology 101, yielded the hit "Turf’s Up."

While Shake has since departed, Beeda has cemented his Clear Label connection, moving his whole camp, Pushin’ the Beat (PTB), into Hiero’s two-story East Oakland compound, which was purchased by the veteran collective in 2004. Known within Hiero as "the Building," though designated "Hiero" by everyone else, the space houses nine rooms, five studios, and a small warehouse of T-shirts, CDs, and other goods. Soon Beeda’s friend and collaborator, J-Stalin — himself signed to one of the Bay’s biggest rap independent labels, SMC — began bringing his own Livewire crew by, including Shady Nate, Clear Label’s next signee.

Bulging with the usual conglomeration of computers, mixing boards, rough-hewn vocal booths, and a fine layer of empty 1800 bottles and Swisher Sweet ashes, PTB’s two ground floor studios contrast with the Building’s general tidiness, like a kids’ playspace in an otherwise adult house. Yet they also exhibit an atmosphere of dedication. Dropping by on any given day, among the crowd of just-past-high-school aspiring MCs, you might see Beeda and Stalin studiously hunched over spiral notebooks with Mistah FAB, working on their NEW (North-East-West) Oakland project.

And FAB isn’t the only high profile visitor: everyone from San Quinn to the Federation comes through. Too $hort stops by regularly, and even national acts like Dem Franchize Boyz and Cease of Junior Mafia have found their way here. Given that Beeda and Stalin are two of the hottest young Oakland rappers and attract such elite company, Hiero suddenly finds itself at the center of what might be called the Bay’s post-hyphy moment, one embodied in a tougher, less dance-oriented sound, combined with classic Bay slap and tempered by R&B overtones.

"I wasn’t after a bunch of streeter-than-street dudes," Massey said, laughing. "But I sure ended up with some."

THE OTHER BAY BRIDGE


Intentional or not, the current emphasis on street rappers is consistent with Clear Label’s overall mission.

"Our fans aren’t that forgiving. Even bringing up other acts like Knobody or Musab, who are on the same tip as Hiero — our fans want Hiero music," Massey said, in reference to Hiero Imperium artists and the group’s demanding backpacker following. "So we’ll give it to them, and let Clear Label be the outlet for other acts, especially my relationship with PTB/Livewire."

HieroSlideShow.gif
Oakland hip-hop converges on the Hiero HQ. Photos by Alexander Warnow

It helps, Massey continued, that J-Moe, the CEO of PTB, has a vision. "That dude is a genius," the Clear Label honcho said. "He’s called the Machine, because he’s always working." With an uncanny ability to spot new talent — like 17-year-old phenom Yung Moses, who J-Moe dubs "the future face of the franchise" — the Machine is a crucial part of the evolution of Clear Label.

But Clear isn’t just a "street label," Massey continued. He’s working with a "rock ‘n’ roll" dude, Chris Maarsol, as well as League 510, which he describes as working in "really a new genre." Hailing from East Oakland, 510 blends lyrical, positive rap and house-influenced grooves in a mix the group calls "Town Techno." "It’s like bridging the hyphy movement and the alternative crowd," Massey said. "I know they’ll do well in cities like Miami, Chicago — where they have a house scene — and in Europe."

Interestingly, according to Massey, European fans have been more receptive to Hiero’s new connections than the domestic audience. "It’s crazy," he said with a laugh. Among other acts, Massey also scooped up Baby Jaymes, digitally re-releasing his 2005 debut, The Baby Jaymes Record (Ghetto Retro), and dropping a new single, "The Bizness," including Turf Talk. "Baby Jaymes is huge in Germany and Belgium, even Australia," Massey added. "I’m in Amsterdam and people are like, ‘Where’s Beeda Weeda?’ Out there people understand the association, whereas in Oakland, they have no idea. It’s odd how Europeans look deeper into it, and it’s a whole different language."

‘WE ALL FROM OAKLAND’


Perhaps it isn’t so odd. The language barrier may even facilitate European acceptance, because despite the differences between Hiero’s conscious lyricism and PTB/Livewire’s grimy topics, the musical bond is already there.

"There are more similarities than differences," Opio told me. "We all from Oakland. Hiero looked to Too $hort and E-40 when we began our independent hustle."

Though he admittedly can’t keep track of the crews’ ever-expanding rosters, former Hiero Imperium head Domino — who, after helming the organization from its mid-’90s inception, stepped down in 2006 to concentrate on production — also welcomes the influx of young talent. "As you get older," he said, "there’s not the same excitement as an artist. You can’t totally get it back, but you can feed off their new energy."

Beyond their shared approval, members of Hiero have already begun to collaborate with PTB/Livewire. Souls member A-Plus, for example, produced the dancehall-inspired opener, "Da Town," on Beeda’s new all-original mixtape, Talk Shit Swallow Spit possibly the hottest Bay Area disc this year — while Casual appears on Beeda’s forthcoming album, tentatively titled Turf Radio. PTB, moreover, has added a more conscious lyricist, Tre Styles, upsetting what Opio describes as "the boxes the corporate market puts people in."

Massey agrees. "Look at Beeda or Shady. Their mentality isn’t ‘go dumb, go stupid,’<0x2009>" he noted. "Their lyrics are militant, and these guys are growing." Massey was also quick to point out the multidimensional side of J-Stalin, whose crime-ridden raps are infused with melancholy ambivalence about street life. "Stalin could be big like 2Pac," he opined. "He’s not trying to look hard. He’s a little dude, but he’s got all this heart and emotion."

Stalin himself is more modest, albeit slightly, at least concerning his upcoming SMC disc, The Pre-Nuptial Agreement. "Pre-Nup is going to be one of the greatest Bay Area albums ever," he said. "I ain’t saying I’m the best rapper. I’m saying I put together a great album." Judging by the songs he played for me that day — including the radio-ready "Get Me Off" with E-40 — he’s right. SMC’s Will Bronson is sufficiently confident in Stalin — and Beeda — to partner with Thizz Entertainment this summer to bring out the former’s Gas Nation as well as the latter’s The Thizzness, both pre-albums designed to tide fans over before their full-lengths in the fall.

"Stalin and Beeda are the only two new artists really buzzin’," Bronson said. "I couldn’t go a week without hearing about them."

As a result, Stalin and SMC plan to collaborate on future Livewire projects, including a group disc showcasing up-and-comers Shady and J Jonah, longtime members such as ROB, Lil Blood, and Ronald Mack, and newer recruits like Philthy Rich and 17-year-old Lil Ruger, whose wild, almost Keak-esque flow foretells fame.

The connection to SMC and Vallejo’s Thizz, moreover, suggests a serious new coalition which, given the waning of hyphy, threatens to become the next major force in Bay Area rap. "We’re just trying to keep the unity," Stalin concluded. "Because we’re all from different places, we wouldn’t be able to do this in the street."

UNITED FRONT


Such unity, always in short supply in the Bay, is one of the most intriguing aspects of the Hiero/PTB/Livewire situation. "We’ve got a movement, but it’s not a movement," said Jamon Dru, who, along with DJ Fresh, Tower, and others, formed the Whole Shabang, an autonomous production squad linked to both PTB and Livewire. "We’re trying to make music everyone will feel, not just the Bay. That’s put a hurt on us because we do have a ‘fuck everyone else’ attitude, like, ‘I don’t care if anyone else likes this shit.’ But we got families, friends, people in jail we gotta feed. We can’t be half-steppin’ like that."

Like Traxamillion, and unlike many local producers, Dru is candid about the influence of the radio on his sound. "It’s a little Southern-influenced," he said, "a little East Coast with Fresh chopping up samples, but with the 808s and a West Coast bassline. Every beat we make with samples, we gotta put an 808 knock in it." While it’s difficult to generalize, given the work of so many producers, Dru’s statement is a good sketch of the PTB/Livewire sound: it looks to the Bay’s older mob music through the modern lens of hyphy, even as it sheds the more gimmicky excesses of the latter.

Beginning his career under Beeda Weeda’s wing, Dru is already a mogul of his own, currently developing 19-year-old Gully, whose work can sampled on his mixtape Hustla Movement. Like Yung Moses, the saltier-voiced, vowel-stretching Gully is considered one of the most promising rappers in the camp, and the two are already slated for a collaboration. A song like Gully’s "Bush," imagining the life of a ghetto youth who suddenly finds himself a soldier in Iraq, even suggests that Hiero’s more politically progressive themes are creeping into the youngster’s work.

At present, however, Beeda remains the "face of the franchise" for PTB and Clear Label.

"Beeda’s got the biggest buzz," Massey said, "so it makes sense to lead off with him. I just want to set him up properly." Proper set-up in the Bay generally involves a "pre-album," and Beeda’s got three. Besides the all-original Talk Shit mixtape and The Thizzness, Beeda’s collaboration with DJ Fresh, Base Rock Baby an ’80s-themed disc referring to Beeda’s generation as the first to be born after the crack epidemic began — appears in July.

"We’re going to push that online," Massey said, though there will be hard copies for sale. "Right now, if Beeda’s record sales matched his popularity, I’d be ready to retire." Still, he confessed, "everyone has Turfology, but only a few people bought it," citing the difficulties of selling albums in the era of burnt CDs and file-sharing, not to mention ongoing recession under the George W. Bush administration.

Another problem was the lag between Beeda’s video for "Turf’s Up" becoming popular on YouTube and the actual release of Turfology, confusing consumers who assumed the CD was already out. "This time we got the timing down," Beeda said. "We’ll build that buzz first, and everything will be ready to go." Nonetheless, as falling numbers of mainstream releases attest, selling albums has grown increasingly difficult regardless of timing.

"That’s not how we eat anymore," Dru said. "You put out an album to get shows and verse features [guest appearances on other artists’ songs]. So we gotta look at these songs as bait." Massey, meanwhile, is seeking other income streams to support his label and artists, like soundtracks and licensing.

As Massey confirms, street rap comes with headaches not usually associated with Hiero. A few weeks ago, as Clear Label began preparing Shady Nate’s debut, Son of the Hood, for release, Shady was arrested on an alleged weapons violation and remains incarcerated pending trial.

"They’re trying to throw the book at him," Massey said. "I’m hoping we can work it out because Shady’s a good dude, and his album is great." Even if Shady has to do a stretch in prison, Son of the Hood will probably see the light of day sometime later this year.

Ultimately the big question for PTB/Livewire is whether the coalition can achieve the mainstream success that eluded the hyphy movement. Beeda and Stalin think so, and with the support and mentorship of the Hiero camp, they have as good a chance as any in the Bay — and maybe even the best.

With the long view of a rapper 15 years into his career, Massey is philosophical about the prospects of his Clear Label empire. "If we break even it’s cool," he said. "If we make money, even better. But if I break even, I’m happy, because it wasn’t a loss for me to put out great music."

PAID DUES FESTIVAL***

With Hieroglyphics and others

Sat/14, 5 p.m., $40

Berkeley Community Theatre

1900 Allston, Berk.

www.ticketmaster.com

***This show has been cancelled. From the promoters: Guerilla Union and MURS 3:16 regret to announce that the PAID DUES INDEPENDENT HIP HOP FESTIVAL scheduled for Saturday, June 14 at the Berkeley Community Theatre in Berkeley, CA, has been cancelled due to matters beyond our control.

For fans that have purchased tickets to the show, we apologize for any inconvenience this may have caused. Refunds are available for ticketholders at the point-of-purchase.

Shock and aw

0

› kimberly@sfbg.com

The White Stripes may be dormant and the Black Keys may be slowly incinerating their blues-rock genre confines, but elsewhere the minimalist, ’00s-styley, binary-busting power of two remains potent. Recent releases by No Age and Crystal Castles — Nouns (Sub Pop) and Crystal Castles (Lies/Last Gang) respectively — demonstrate as much. At first listen, the pair of twosomes seems spazzily coupled, sharing a short-attention-span feel and what-the-fuck adventurousness.

Yet it only takes a few listens to uncover major divergences. No Age’s two-part cluster bomb boasts forward-facing rock juxtaposed with moments of Sonic Youth–like distorto-delicacy. They may be a two-fer, but they’re also a clear segment of a community: witness the rainbow connection of faces in Nouns‘ booklet. Meanwhile Crystal Castles finds Ethan Fawn, né Kath, and Alice Glass looking determinedly toward the future, in us-against-the-world lonesomeness — armed with keys modified, as legend has it, with an Atari 5200 sound chip. Though their simultaneously noisy and dancey, agitated pop — searching, sample-heavy, and propelled by Glass’s effects-doused coos and cries — comes off as surprisingly accessible, theirs isn’t a trillion-bit future of audiophile perfection. And definitely don’t call the Toronto twosome nu rave, even though they remixed pals the Klaxons early in their four-year existence.

"There is nothing ‘rave’ about the way we sound," Kath writes in an e-mail from Moscow. "There is nothing ‘rave’ about the way we look." Instead, he adds, Crystal Castles’ earliest idea was "to try putting a New Order beat under noise-punk."

The duo met while reading to the blind as part of "community service punishment," as Kath puts it. "I was in a metal band, and we could not cross the US border because I had a criminal record. I did the community service work to clear my record. Instead I met Alice. We bonded over our shared love of noise-punk bands. She invited me to see her noise-punk band [Fetus Fatale], and I fell in love with her lyrics."

According to Kath, he left his group, Kill Cheerleader, on the verge of major record deal to make music with Glass under a name cribbed from She-Ra’s stronghold. "We are named after a line in a commercial for the toy version of She-Ra’s castles," writes Kath. "The line is ‘the fate of the world is safe in Crystal Castles.’"

The collaboration grew from a handful of Kath guitar-noise tracks supplemented with Glass’ vocals, to a second batch that, he offers, "were 100 percent based on samples (Madonna, Joy Division, Death from Above 1979, 8bitcommunity, Grand Master Flash). In 2005 we abandoned the idea of using samples and began looking for own our songs."

Meanwhile their experiment has been catching on: an early "Alice Practice" track put out as a 500-copy 7-inch by London’s Merok Records sold out within three days. More recently Crystal Castles — which compiles "Alice Practice" and other sold-out singles, unreleased tracks from the same era like "Courtship Dating" and "Vanished," and new tracks such as "Black Panther" and "Through the Hosiery" — has established a beachhead on CMJ charts.

The duo may never have thought their remixes of Bloc Party, among others, would be popular ("The [Klaxons] remix was so well-received that other bands began offering me money to remix them as well. It was at a time when we couldn’t afford a small bag of chips, so I was saying yes to everything," writes Kath). And they may have never imagined their so-called failures would find life online. For "Crime Wave [Crystal Castles vs. Health], Kath says, "I tried to cut up the vocal track from a Health song and place it over an unused CC rhythm track. I believed it was a failed experiment, but the track leaked and people were trading it on the Internet and finally in 2007 a label called Trouble Records decided to release it as a limited seven-inch single. It sold 2,000 copies in a week." But at least part of the world outside Crystal Castles listened closely.

All of which explains some of the controversy swirling around the band. In April the Torontoist and Pitchfork reported on the duo’s use of Trevor Brown’s black-eyed Madonna image for T-shirts, the "Alice Practice" single cover, and an early "banned" Crystal Castles cover. The band has stated that they initially found the art uncredited on an old flyer, and went on to form a handshake agreement with the artist. Brown, on the other hand, alleges he was never paid for the work’s use, while the group and its management allege that they tried to contact him without success.

Furthermore, the chiptune or 8-bit community appears to be up in arms regarding Crystal Castles’ sampling, leading BlogTo.com to report on Crystal Castles’ alleged use of Belgian producer Lo-bat’s "My Little Droid Needs a Hand" for their track "Insecticon," which some say is outside the provisions of Creative Commons licensing (the work was available free for noncommercial uses, though some chip-tuners claim "Insecticon" has been used promotionally in a way that violates Creative Commons’ spirit).

Meanwhile Crystal Castles, which has deferred comment on the allegations, continues to navigate a fine, fragile line. Though the fortress has clearly been breached, the duo emphasizes its hermetic remove ("We created the songs in isolation," Kath writes), which is colored by a somewhat understandable defensiveness. ("We think there is hostility in all the tracks"). "People seem to love or hate the music," Kath writes. "We never thought about our listeners. We put these songs together for ourselves, and it’s a shock that anyone is listening."

At the very least, the twosome have retained the kind of fatalistic humor that surely led them to create the Crystal Castles CD art: an image of the pair looking down, faces hidden, and bowing — or rising up. "In the universe of pop music," Kath opines, "we are the litter collecting at the sewer grate."

CRYSTAL CASTLES

Tues/10, 8 p.m., $16

Independent

628 Divisadero, SF

www.theindependentsf.com