Crime

Freedom of Information: A citizen’s guide to fighting secret government

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San Francisco has the best local sunshine law in the country — and there are still problems getting access to information. Even though the digital age in which we live affords government agencies with myriad ways to give citizens more access to public documents, there is too often little official will to create transparency. And often, bureaucrats are downright hostile to public scrutiny. But help is out there. This guide to local and national organizations offers a wide range of resources for journalists, citizen activists, and hell-raisers who want to track their tax money and hold their government accountable.

LOCAL ORGANIZATIONS


The California First Amendment Coalition is an independent, nonpartisan, nonprofit organization whose mission is to "promote and defend the people’s right to know" by improving compliance with state and federal access laws. CFAC’s Web site contains an archive of articles dealing with FOI issues, the texts of state FOI laws, and other useful resources. 534 Fourth St., Suite B, San Raphael, CA 94901. (415) 460-5060, cfac@cfac.org, www.cfac.org.

The California Newspaper Publishers Association is the umbrella organization to which most newspapers in the state belong, so it has an acute interest in open government. Its FOI Watch newsletter (also available online) includes a clearinghouse of sunshine news from around the state. 708 Tenth St., Sacramento, CA 95814. (916) 288-6015, tom@cnpa.com (general counsel Thomas Newton), www.cnpa.com.

Californians Aware, run by former CFAC general counsel Terry Francke, helps activists and organizations get access to public meetings and records and offers resources on the Web for citizens, public officials, journalists, and attorneys. 2218 Homewood Way, Carmichael, CA 95608. (916) 487-7000, info@calaware.org, www.calaware.org.

The Center for Investigative Reporting sponsors workshops on investigative techniques for journalists and university students. The center’s Web-based magazine provides FOI information, tips for journalists, and updates on past CIR investigations. 2927 Newbury St., Suite A, Berkeley, CA 94703. (510) 809-3160, center@cironline.org, www.muckraker.org.

The DataCenter provides on-call research, consultation, and referrals to justice organizations regarding FOI issues. It also offers research and action training. Services are free or on a sliding scale, depending on one’s ability to pay. 1904 Franklin St., Suite 900, Oakland, CA 94612. (510) 835-4692, ext. 376, www.datacenter.org.

The Electronic Frontier Foundation, an online First Amendment organization, works to uphold digital free speech, empower the online public, and protect privacy on the Internet. It provides stories and alerts on its Web site, with daily updates. Effector, an e-mail newsletter, is available through the site. 454 Shotwell St., S.F., CA 94110. (415) 436-9333, information@eff.org, www.eff.org.

The First Amendment Project is a public interest law firm that provides legal representation, educational programs, and low-cost or free advice for journalists, public interest organizations, and individual citizens with public records and FOI-related issues. In a joint publication effort with the Society of Professional Journalists, the project offers three free pocket guides, on the Brown Act, California’s Open Meeting Law, and accessing court records. The Web page has information on using the California Public Records Act as well as on getting court records. 1736 Franklin St., 9th floor, Oakland, CA 94612. (510) 208-7744, fap@thefirstamendment.org, www.thefirstamendment.org.

Media Alliance is a nonprofit media center that offers classes on journalism skills, including how to find and use public records. 1904 Franklin St., Suite 500 Oakland, CA 94612. (510) 832-9000, information@media-alliance.org, www.media-alliance.org.

The Society of Professional Journalists, Northern California Chapter, FOI Committee fights for open access to information and educates members of the public on FOI issues. The group provides a subscription e-mail list for journalists and others involved in FOI and First Amendment issues in California as well as putting on the James Madison FOI Awards. 222 Sutter St, 6th Floor, San Francisco, CA 94108 (415) 321-1700, www.spj.org/norcal.

NATIONAL ORGANIZATIONS


The Brechner Center for Freedom of Information conducts research and educates the public in mass-media law and the First Amendment, including public access to government meetings and records and litigation information. University of Florida, College of Journalism and Communications, 3208 Weimer Hall, P.O. Box 118400, Gainesville, FL 32611-8400. (352) 392-2273, www.jou.ufl.edu/brechner.

The Center for National Security Studies works with concerned citizens and groups to expose secret government policies and offers free assistance to those seeking records under the Freedom of Information Act. It also coordinates related litigation. 1120 19th St. NW, 8th floor, Washington, D.C. 20036. (202) 721-5650, cnss@cnss.org, www.cnss.org.

The FOIA Blog, created by an FOIA Washington attorney, has an updated list of documents currently being released by several government agencies infoprivacylaw@yahoo.com, www.thefoiablog.typepad.com.

The Freedom of Information Center of the University of Missouri School of Journalism has a collection of more than one million articles and documents about access to information at the local, state, and federal levels. The center works to ensure compliance with sunshine laws around the country. Its Web site contains links, updates, and tips on FOI inquiries. A free e-mail newsletter provides information on developments in FOI access and issues; you can sign up by contacting umcjourfoi@missouri.edu. University of Missouri, 133 Neff Annex, Columbia, MO 65211. (573) 882-5736, daviscn@missouri.edu, www.missouri.edu/~foiwww.

GovernmentDocs allows people to browse and search thousands of pages acquired through the FOIA and sunshine laws. Registered users can review and comment on documents. www.governmentdocs.org

GovTrack provides information on the U.S. Congress. It compiles information on federal legislation, voting records, and other congressional date and simplifies the language for ordinary citizens. It also indexes all bills, as well as changes to them, in Congress and all roll call votes www.govtrack.us.

Investigative Reporters and Editors provides educational services for investigative reporters and editors. The group’s Web site offers FOI-related resource guides, a database of FOI stories, tips for using the Freedom of Information Act, and a database of previous FOI requests. University of Missouri School of Journalism, 138 Neff Annex, Columbia, MO 65211. (573) 882-2042, www.ire.org

The National Freedom of Information Coalition is composed of First Amendment organizations dealing with FOI issues. It provides resources for the media, government officials, lawyers, and citizens who want access to public information. The coalition also offers seminars and workshops to media professionals, attorneys, academics, students, and the public on FOI issues and helps nurture start-up FOI groups and Internet sites. Its Web site offers links to relevant legislation and organizations state by state, as well as an Internet mailing list, FOI-L. 133 Neff Annex, Columbia, MO 65211. (573) 882-5736, cdavis@nfoic.org, www.nfoic.org.

OMB Watch is a member of the Public Access Working Group, a coalition of organizations promoting greater access to government information. OMB Watch offers an online newsletter, OMB Watcher, available on its Web site or by e-mail, which typically includes articles on FOI issues. To subscribe to the weekly e-mail version, e-mail join-ombwatcher@lyris.ombwatch.org. 1742 Connecticut NW, Washington, D.C. 20009. (202) 234-8494, www.ombwatch.org.

The Project on Government Secrecy is an advocacy and public education project of the Federation of American Scientists. The project has an extensive archive and provides regular news updates through its Web site and e-mail newsletter, Secrecy News. 1725 DeSales Street NW, 6th floor, Washington, D.C. 20036. (202) 454-4691, www.fas.org/sgp/index.htm.

Project Vote Smart provides information on local, state, and national candidates, including voting records, issue positions, campaign contributions, phone numbers, and mailing addresses. The database is accessible by calling the toll-free hotline at 1-888-VOTE-SMART. 1 Common Ground, Phillipsburg, MT 59858. (406) 859-8683 comments@vote-smart.org, www.vote-smart.org.

The Radio-Television News Directors Association is the world’s largest professional organization devoted to electronic journalism. It lobbies for cameras in courtrooms and strong FOI laws and provides coverage of FOI issues on its Web site. 1600 K St. NW, Suite 700, Washington, D.C. 20006. (202) 659-6510, www.rtnda.org.

The Reporters Committee for Freedom of the Press operates the 24-hour FOI Service Center at 1-800-336-4243 to answer emergency questions from journalists and others with open-records problems. 1101 Wilson Blvd., Suite 1101, Arlington, VA 22209. (703) 807-2100, rcfp@rcfp.org, www.rcfp.org.

The Society of Professional Journalists advocates for open access to information and educates members of the public on FOI issues. The society’s Web site has an FOI section with extensive links to resources and information, including a list of FOI advocacy organizations. 3909 N. Meridian St., Indianapolis, IN 46208. (317) 927-8000, questions@spj.org, www.spj.org.

State Sunshine and Open Records shares information, guidance and advice on developments and news about open records at the state and local level. They also have an extensive list of links to other sunshine blogs. www.openrecords.wordpress.com.

The Student Press Law Center works with the Reporters Committee for Freedom of the Press to cover FOI and other First Amendment issues reutf8g to high school and college journalists. It offers free advice, lawyer referrals, and analysis. 1101 Wilson Blvd., Suite 1100, Arlington, VA 22209. (703) 807-1904, admin@splc.org, www.splc.org.

The Sunlight Foundation develops a database to ensure transparency in government and fiscal accountability. They digitize new info and provide access to existing information. 1818 N Street NW, Suite 410, Washington, D.C. 20036, (202) 742-1520. www.sunlightfoundation.com.

WikiFOIA helps people understand the FOI Act on a state and federal level by providing a how-to-guide about open records requests, as well information on how to make that request. www.wikifoia.pbwiki.com.

INTERNATIONAL ORGANIZATIONS AND RESOURCES


The Guardian Web site has extensive information and links concerning international press-freedom issues. For details on journalists under fire, including frontline dispatches and reports from the battle to keep the world safe for journalists, go to www.sfbg.com/journalists/. For updates, dispatches, and links to national and international FOI groups, go to www.sfbg.com/FOI.

The UK FOI Blog provides a glimpse into how FOI issues are dealt with across the pond by listing news and developments on FOI in Great Britain. www.foia.blogspot.com.

Local government resources

The Government Information Center, on the fifth floor of the San Francisco Public Library’s Main Branch, stocks public documents published by the city. These include annual reports for committees and departments, minutes and agendas of official meetings, environmental impact reports, and city audits, ordinances, and resolutions. San Francisco Public Library, 100 Larkin St., S.F., CA 94102. (415) 557-4500, www.sfpl.org.

The Oakland Public Ethics Commission responds to complaints and holds hearings on possible violations of the city’s Sunshine Ordinance. Records, tapes of the commission’s meetings, agendas, and minutes can be picked up at the commission’s office. 1 Frank Ogawa Plaza, 4th floor, Oakland, CA 94612. (510) 238-3593, ethicscommission@oaklandnet.com, www.oaklandnet.com/government/public_ethics/webpage.html.

The Office of Information and Privacy, U.S. Department of Justice, provides online versions of frequently requested records, opinions, policy statements, and guides to the Freedom of Information Act. The guides include detailed instructions for filing FOIA requests, average response times for different governmental offices, and a wealth of other useful information. The text of the FOIA is available on the office’s Web site. 1425 New York Ave., Suite 11050, Washington, D.C. 20530. (202) 514-3642, www.usdoj.gov/oip/oip.html.

Public Access to Court Electronic Records is an online database of court records and decisions. Web access is 8¢ a page, and requires registration through the Web at www.pacer.psc.uscourts.gov. P.O. Box 780549, San Antonio, TX 78278. 1-800-676-6856, pacer@psc.uscourts.gov.

The San Francisco Ethics Commission monitors and enforces the Sunshine Ordinance and the city’s governmental-ethics, campaign-finance, and lobbyist-reporting laws. Individuals can file complaints regarding violations of the Sunshine Ordinance. The commission meets the second Monday of each month at 5:30 p.m. in City Hall, Room 408. 25 Van Ness, Suite 220, S.F., CA 94102. (415) 252-3100, ethics.commission@sfgov.org, www.sfgov.org/site/ethics_index.asp.

The San Francisco Law Library is open to the public, though only government officials, state bar members, and judges can check out items. Main reference library: Mon.-Fri., 8:30 a.m.-5 p.m., Veterans War Memorial Building, 401 Van Ness, Room 400, S.F. (415) 554-6821. Courthouse reference room: Mon.-Fri., 8:30 a.m.-4:30 p.m., 400 McAllister, Room 512, S.F. (415) 551-3647. Financial District branch: Mon.-Thurs., 9 a.m.-9 p.m.; Fri.-Sat., 9 a.m.-5 p.m.; Sun., noon-4 p.m., 685 Market St., Suite 420, S.F. (415) 882-9310, www.ci.sf.ca.us/site/sfll_index.asp.

The Sunshine Ordinance Task Force oversees compliance with San Francisco’s sunshine law by investigating complaints from individuals who believe city officials have withheld records or conducted meetings in violation of the law. The task force meets the fourth Tuesday of each month at 4 p.m. City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244 (meetings held in Room 408), S.F. For complaint forms and other information call (415) 554-7724 or go to http://www.sfgov.org/site/sunshine_index.asp

PUBLICATIONS


The California First Amendment Coalition publishes the California Journalist’s Legal Notebook, a handy guide to the legal issues surrounding telephone interviews, press passes, gags on sources, and other journalism-related topics ($36.25, $30.88 for CFAC members, shipping included). Also by CFAC is The New Brown Act: How the Open Meeting Law Has Been Revised ($12.75, $7.39 for CFAC members, shipping included). (415) 460-5060.

The Oakland Public Ethics Commission publishes a free brochure, How to Notice a Public Meeting under the Oakland Sunshine Ordinance and the Brown Act, useful for making sure a public meeting follows the requirements of the Brown Act. (510) 238-3593, (510) 238-6620, ethicscommission@Oaklandnet.com, www.oaklandnet.com/government/public_ethics/webpage.html.

Access to Courts and Court Records in California, Open Meeting Laws in California, and The California Public Records Act are free, convenient, quick-reference guides published by the Society of Professional Journalists, Northern California Chapter, and the First Amendment Project. (510) 208-7744, www.thefirstamendment.org/freepress.html.

The ACLU Freedom of Information Project publishes Using the Freedom of Information Act: A Step-by-Step Guide (#4002, $3) and Your Right to Government Information (#1190, $5.95), which covers a broader range of topics, including how to get into public meetings. Both publications can be ordered online through the ACLU’s e-store or by phone. ACLU Publications, P.O. Box 4713, Trenton, NJ 08650-4713. 1-800-775-2258, www.aclu.org.

The Government Printing Office publishes The Freedom of Information Act Guide and Privacy Act Overview ($63), a 986-page guide to the FOIA produced by the Justice Department. It can be ordered by phone at 1-866-512-1800 or online at bookstore.gpo.gov. The Citizen’s Guide is available in its entirety online at www.fas.org/sgp/foia/citizen.html.

The Freedom of Information Clearinghouse Guidebook is a free brochure about making FOIA requests and appealing agency decisions. It’s available online through the Freedom of Information Clearinghouse. www.citizen.org/litigation/free_info/index.cfm.

Paper Trails: A Guide to Public Records in California ($12.89), written by Stephen Levine and Barbara Newcombe, is published by the Center for Investigative Reporting and supported by the California Newspaper Publishers Association. It can be ordered from the CIR. An abridged, online version is coming soon. 2927 Newbury St., Suite A, Berkeley,, CA 94703. (510) 809-3160, www.centerforinvestigativereporting.org/

The fourth edition of the Investigative Reporters’ Handbook ($61, $51 for Investigative Reporters and Editors members), by Steve Weinberg, Brant Houston, and Len Bruzzese, is a comprehensive and accessible guide for novice and experienced journalists that shows how to locate and use more than 500 sources of public information. (573) 882-3364, www.ire.org/store/books.

The Reporters Committee for Freedom of the Press supplies a wealth of publications on public access and other First Amendment topics. How to Use the Federal FOI Act ($5) is a handbook on FOI rights, with instructions for appealing if your request is denied, and includes sample letters. The First Amendment Handbook ($7.50) is a journalist’s pocket guide to FOI issues. Two guides — Judicial Records: A Guide to Access ($3) and Access to Electronic Records ($5) — analyze state laws and decisions regarding access to legal records and government electronic data. Tapping Officials’ Secrets is a set of guides to state public records and open-meeting laws ($10 a state). The News Media and the Law is a quarterly magazine that includes updates on legislation pertinent to FOI ($30 a year for four issues). Some of these publications are available in their entirety online; all can be ordered online. 1-800-336-4243, www.rcfp.org.

The second edition of Law of the Student Press ($18) is a vital handbook for student newspapers. It’s extensively annotated but avoids legalese and tries to bring the law to life for students and educators. The Student Press Law Center also publishes Covering Campus Crime, Third Edition ($2) and the Student Press Law Center Report ($15 for three issues a year). (703) 807-1904, www.splc.org.

Citizen Muckraking: How to Investigate and Right Wrongs in Your Community ($9) offers advice on writing press releases, conducting interviews, and using the FOIA. The book, a collaborative effort by the Center for Public Integrity, is available through Common Courage Press. 1-800-497-3207, www.commoncouragepress.com

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Sunshine in the digital age

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EDITORIAL The California Public Records Act needs an update. So does the state’s Brown Act, which mandates open meetings of government bodies, and the San Francisco Sunshine Ordinance. These are the landmark laws that keep government from operating in secret — but all were written long before the explosion of information technology profoundly changed the way city, state, and local agencies compile, sort, process, present, and preserve information.

And now, with agencies at every level trying to use information technology to hide data from the public and courts struggling with laws that didn’t anticipate the modern era, open-government advocates need to be working on every level to protect and expand access.

As we point out in this issue, technology can be used to spy, to hide, and to obfuscate — but it can also be used to make the operations and processes of the public sector far more open and accessible. Properly used, today’s information technology can vastly improve the way governments work — and it’s neither difficult nor expensive to make that happen.

The state Legislature, the San Francisco Board of Supervisors, and the Sunshine Task Force should be looking at ways to make sure that computers don’t increase secrecy — and to take advantage of the opportunities modern technology offers.

The Brown Act, passed in 1954, forbids public agencies from meeting in secret, except in very limited circumstances. The San Francisco Sunshine Ordinance goes further. The laws have been interpreted to mean that the members of a board or commission can’t use e-mail to discuss pending business; that would amount to a closed-door meeting. That same interpretation ought to apply to members participating in discussions on, say, a Yahoo! news group. Deliberations on a policy matter would be taking place outside of public view.

But what if the public was invited? What if a virtual discussion took place before or between traditional meetings — and any member of the public could log in from anywhere (work, home, the public library, terminals in City Hall) and watch? What if people — who are now allowed only a minute or two to comment in public meetings — were able to post longer, more detailed comments that policymakers would see during online discussions? What if the entire record of that meeting were instantly available on the Web, in a searchable form?

Would that be an increase in public access? What about the large number of people who still don’t have computers or Web access — would they be left out?

That’s just one of the questions sunshine advocates are talking about. Legislators need to be addressing the issues, too.

As Kimo Crossman reports on page 14, increasing public access doesn’t have to be difficult or expensive — in fact, there are ways to save the city money. One obvious idea: almost every document that’s produced by a city employee, including e-mail, is already considered a public record. Why not simply program the computers to make an instant copy of everything and post it to a public Web site? That way someone looking for memos from, say, the Public Utilities Commission addressing solar energy could simply search that site with those key words and come up with all of the records quickly.

That would save time for journalists and citizen watchdogs who now have to request those records from the agency — and it would save money for the city. If the documents were all searchable for anyone, there would be no need to spend time and money responding to public-records requests.

It wouldn’t be hard at all to add a "possibly confidential" key to records, preventing documents that really should remain secret from going into the public file. And the computers could automatically generate a list of the documents being withheld, so the public could find out what records are remaining out of view.

Over time, old paper records could be scanned and put on the site, too. And with electronic storage so cheap these days, there’s no reason why all public records can’t be preserved in an accessible form and location.

The County of Santa Clara a few years back began putting together a valuable data trove that included all of the county’s real estate and property ownership records. That allowed for the creation of a geographic information system that could be used to track property sales, taxes, crime rates, building permit applications, and much more. A wonderful public service — except that the county didn’t offer it to the public. The data was for sale, for more than $100,000 a license.

It took a lawsuit by the California First Amendment Coalition to force the county to back off and make the data public. But that’s just an example of a trend that’s cropping up all over the country: governments are developing ways to make more use of information — and then are trying to copyright it, sell it, and make money.

The problem with that, as attorney Rachel Matteo-Boehm, who handled the CFAC case, points out, is that it segregates access to information by wealth. The rich get the tools of technology to understand and use public data; the poor don’t.

It’s a dangerous trend and the Legislature should address it right away. Information created by public agencies using public data should be public — no excuses, no exceptions. And if the software that makes it easy to process that information is created by the public sector (or under contract to the public sector) the public needs free access to it.

The Legislature also needs to shoot down a series of attempts by the secrecy lobbyists to cut off access to new types of data. A bill now before the Assembly, AB 1978 by Assemblymember Jose Solorio (D-Anaheim), would exempt certain types of information from the Public Records Act. The bill appears to be aimed at overturning the Santa Clara decision but could also address an issue that has come up in San Francisco: that of so-called metadata in public documents.

Metadata is embedded information that may be in a file that doesn’t appear when the file is printed out. The City Attorney’s Office has been arguing that metadata isn’t public. That’s nonsense — it’s part of a public document, created at public expense by public employees. The Legislature needs to reject this bill — and instead pass a law that would specifically require agencies to release any internal data that’s created as part of a public record.

The San Francisco Sunshine Task Force is in the process of updating and improving the city’s landmark law, and it should seek to incorporate some of the suggestions above.

The Task Force also needs to be sure that the amendments to the law give that oversight body the teeth it needs to enforce public-access requirements. Far too often, city officials simply ignore task force findings, and, as Sarah Phelan reports on page 17, the Ethics Commission and the district attorney rarely follow up with sanctions.

For starters, the task force should have the right to subpoena documents and witnesses (without first asking the supervisors for approval — a cumbersome process). The panel should have its own full-time legal counsel. It should also have increased enforcement power: while giving the task force the right to levy fines and sanctions is politically tricky, a provision that allows the task force to order the release of documents — backed up with the full support of the City Attorney’s Office — ought to be part of the final package.

More funny money at City College

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EDITORIAL The chancellor and the board of the San Francisco Community College District have tried hard to act as if the diversion of $30,000 in public funds for political purposes was just an isolated error, easily fixed. But as G.W. Schulz reports on page 14, an audit has found at least one other diversion, this time of at least $28,670 — and it’s starting to look as if there’s a pattern here.

The college administration, possibly with the knowledge of some of the trustees, has been spending public money on political campaigns. Money earmarked for public education has gone to promote bond acts that bring in money for the district — and that’s not only sleazy and unethical, it’s clearly a violation of law.

San Francisco District Attorney Kamala Harris is reportedly looking at the second diversion — but she needs to expand the probe immediately. If the administration of the outgoing Chancellor Philip Day shuttled public cash to bond campaigns twice, there’s a good chance it happened a few more times. And at a certain point, this rises to the level of serious criminal charges.

The first diversion, first reported in the Chronicle, involved a $30,000 payment from a motorcycle school that was using college parking lots for its classes. That rent money never made it into the public coffers; instead, it wound up helping to pay for the campaign for the latest round of City College bonds.

The latest revelation is just as smelly: the Foundation of the City College of San Francisco, a nonprofit that takes in donations for the school, gave $35,000 on November 6, 2006, to a political group that supports statewide college bond elections. A day later, on Nov. 7, the college itself handed $38,670 (the school’s $28,670 and another $10,000 in private money) to the foundation. That’s odd in and of itself — the foundation usually gives money to the school, not the other way around. And the timing is highly suspect; given the history of questionable financial moves at City College, the idea that some administrator would use the foundation to launder a cash contribution to a political group is not at all beyond the imagination.

The college board needs to hire its own special counsel to check every contribution to local college bond acts to see if there’s any more evidence of improper diversion of public funds. But an internal audit isn’t enough; Harris needs to look into this and make public her findings.

City College is a valuable public institution, and for years, the people running it have undermined public confidence in its financial integrity. That’s a crime itself — and if someone broke the law along the way, the district attorney has to make clear that it won’t be tolerated.

There will be more blood: El Topo returns to the screen of the crime

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By Erik Morse

After its belated 2007 release in a highly anticipated DVD box set, Alejandro Jodorowsky’s 1970 midnight masterpiece El Topo – which translates to “The Mole” – will revisit the big screen on March 6 and 8 as a part of SFMOMA’s “Non-Western Westerns” film series.

El Topo has been touted as nothing less than the Philosopher’s Stone of film by certain cineastes, as well as by ars gratia artis anarchists and alchemy students. Much of El Topo‘s religious potency has been connected to the shared, orphic experience found in cheap art-houses and midnight festivals, where the elicit jouissance of its viewing came as a secret cinematic samizdat. Upon the film’s New York debut at Ben Barenholtz’s Elgin Theatre, its philosophical and cultural prescience – between the subterranean art of Jonas Mekas and Andy Warhol and the apocalyptic violence of Altamont and the Manson murders – secured it a place within the cleaving of two seminal but divergent decades. Although Jodorowsky seemed more entwined with the elder studies of Antonin Artaud and spectral mysticism, his work spoke to the ever-expanding archive of bestiality and immolation that was part of a new postmodern and post-war language.

Crime cameras for the defense

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EDITORIAL We’ve always been dubious about San Francisco’s crime cameras. Filming everyone who passes through a public space creates severe civil liberties problems. There are real First Amendment issues. And as far as we can tell, the spy cams don’t work very well: none of the 178 cameras on Housing Authority property have ever led to an arrest in a homicide case. Chief Heather Fong told the Police Commission on Feb. 6 that her officers have requested footage nearly 80 times but only twice was it at all useful.

From the first days when the city began talking about installing the cameras, the American Civil Liberties Union and others pointed out that all the electronic surveillance on high-crime street corners would do was drive crime to other places. The commission has mandated that the cameras be turned off during political demonstrations, and some critics, including commissioner David Campos, are watching very closely to see if all of this intrusive electronic surveillance is making the city any safer.

But if we’re going to have crime cameras, they ought to be used to protect the innocent.

As G.W. Schulz reports on page 16, the San Francisco Public Defender’s Office has an interest in using the footage. Last August two young African American men were arrested and charged with robbing a pair of airline workers at the corner of 14th Street and Mission. The alleged robbers insisted they hadn’t been at that corner; in fact, they said, they were two blocks away, at 16th Street and Mission, the entire time.

That should have been easy to prove: there are cameras at 16th Street and Mission. But the city’s Department of Emergency Management refused to turn over the video footage to the public defender. Only by chance and the intervention of a conscientious police inspector was the lawyer for the two men able to get the tapes — which proved that the young men, who faced long prison sentences, were entirely innocent.

Public Defender Jeff Adachi says there are at least a dozen other examples of incidents when the cameras could have proved one of his clients innocent — but the local law enforcement authorities won’t give up the pictures.

That’s crazy. If the cameras can be used for prosecution, they ought to be available to lawyers for people who want to establish an alibi. There’s little or no risk here: defense lawyers are officers of the court, sworn to protect confidential evidence, and they are routinely given access to sensitive law enforcement information. The entire principle of a fair trial requires that the defense have as much opportunity to prove innocence as the prosecution does to prove guilt — and in most cases all of the state’s evidence has to be turned over to the defense. If cops and prosecutors can see the city’s crime-camera tapes, why can’t the other side?

Sup. Gerardo Sandoval, a former public defender, has introduced legislation that would allow defense lawyers access to the tapes; it’s a sensible, practical measure that ought to win easy approval. But Kevin Ryan, the Republican former United States attorney who runs Mayor Gavin Newsom’s office of criminal justice, is trying to scuttle Sandoval’s bill. This is exactly the sort of thing we were worried about when Newsom gave that job to an old-fashioned law-and-order type.

Newsom needs to show his cards on this issue. Does the mayor really think the cameras should be used only to lock people up and never to set them free? That would be an astonishing stance for a San Francisco mayor. Instead of leaving this to his aides, Newsom needs to come out in support of Sandoval’s bill and give Ryan a little primer on justice, San Francisco–style.

Sharing the Panopticon

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› gwschulz@sfbg.com

When two airline workers were robbed at 14th and Mission streets last August, the victims called 911 and described their attackers to the dispatcher as a pair of African American males.

At the time, several groups of people stood two blocks away at the always manic intersection of 16th and Mission streets, a high-crime area where the city installed four public surveillance cameras as part of an ongoing pilot project that began in 2005.

Police nabbed two suspects there whom they believed fit the description, and the victims later identified the duo as their attackers. Case closed. Except for one problem: the suspects claimed they were standing at 16th and Mission streets the whole time and never ventured two blocks away, to where the robbery occurred.

So a deputy public defender, Eric Quandt, tried to obtain footage from the city’s controversial public safety cameras to confirm their story. He was denied access to it by the San Francisco Department of Emergency Management because, according to the city’s Administrative Code, only police officers with a written request can review the recordings.

Other government agencies must get a court order, and since the recordings are held by the city for no more than seven days, by the time defense attorneys realize crucial evidence might exist, it’s likely to be long gone.

Mayor Gavin Newsom’s expansion of public surveillance cameras across the city has been the subject of regular criticism from privacy advocates who say no substantial evidence exists that they reduce crime or provide valuable evidence to prosecutors. But few imagined Big Brother could serve as an alibi proving someone’s whereabouts when police placed the wrong suspect at the scene of a crime.

Quandt managed to get the footage in time after appealing to a police inspector, and 23-year-old Neil Butler and 21-year-old Robert Dillon, who had served 70 days in jail, were freed. However, the city’s elected public defender, Jeff Adachi, said there have been almost a dozen or so other instances when his office believed surveillance footage from the cameras could refute a prosecutor’s claims, but city officials have barred PDs from accessing it.

"These two men would have faced decades in prison," Adachi told the Guardian, "so I find it shocking that law enforcement would object to the defense obtaining these tapes. It has to be a two-way street."

"[City officials] act as if they have a proprietary right over the footage," added Rebecca Young, the managing attorney for Adachi’s felony unit. "We are officers of the court. We should not have to deal with bureaucratic red tape to access and review the footage."

Few cities in the United States have rules in place reguutf8g the use of surveillance footage to begin with, so determining procedures for how defense attorneys might use the cameras to free innocent people once again puts San Francisco on the cutting edge of public policy.

After learning about the robbery case last August, Sup. Gerardo Sandoval decided defense lawyers need access to the recordings if they could be used as evidence to free people wrongfully charged with crimes.

Sandoval’s legislation would require the city to preserve the footage for 30 days instead of seven, giving defendants more time to access the footage. Their lawyers would only need to submit a written request to the Department of Emergency Management, which controls the tapes.

But Newsom’s newly appointed top criminal-justice aide, Kevin Ryan, and the mayor’s chief of staff, Phil Ginsburg, want to kill the legislation, claiming it would cost the city too much money and could potentially compromise ongoing criminal investigations by exposing witnesses or confidential informants who appear in the footage.

"It’s safe to say that they tried to derail the legislation," Sandoval told the Guardian.

Ryan, you may recall, is the former US attorney for the Northern District of California who attempted to define his law enforcement career by prosecuting the steroids scandal in major-legal baseball and later the stock options backdating imbroglio that consumed Silicon Valley.

His last major imprint on the public, however, came when the White House ousted him from the Justice Department along with seven other chief federal prosecutors. While his colleagues were said to be let go because they weren’t fully cooperative with the GOP’s political agenda, it was reported that Ryan was asked to resign because of mounting criticism that he’d poorly managed his office and alienated staffers, despite being an eager loyalist of President George W. Bush.

After that, Ryan worked briefly in the private sector before Newsom surprised the city at the beginning of the year by making him director of the Mayor’s Office of Criminal Justice. While a prominent San Francisco Democrat making a Republican devotee his top aide on issues related to crime raised eyebrows, Ryan’s inaugural act in that capacity epitomizes the outlook of a conservative law enforcement official.

Sandoval has attached to his ordinance a string of amendments to satisfy law enforcement, such as instituting punishments for defense lawyers who publicly disclose videos and allowing the district attorney and the Police Department 180 days to review footage and block its release if it’s deemed too sensitive for any reason.

However, the supervisor says he’s still not sure that Newsom, through his new conservative crime-fighting proxy, will accept making a traditional tool of law enforcement the new weapon of public defenders who serve indigent criminal suspects.

"I got the impression from Ryan that he outright opposed it," Adachi said. "But I’m not sure where the mayor stands on it."

Ryan and mayoral chief of staff Ginsburg did not return calls for this story, nor did the mayor’s press spokesperson, Nathan Ballard, respond to a detailed e-mail.

But Ryan has already shown a willingness to flout Newsom’s caution on the cameras. After the Feb. 6 Police Commission meeting, Ryan told the San Francisco Chronicle that police should be permitted to monitor the city’s surveillance cameras in real time to identify crimes about to occur or already in progress.

When the safety cameras were first launched, however, Newsom made a major concession to privacy advocates, the American Civil Liberties Union of Northern California most notable among them, by prohibiting law enforcement officials from watching the cameras live, in part to protect against potential voyeurism or racial profiling.

Ryan’s desire to expand the camera program is "all the more reason to make sure there’s a process in place," Adachi said, for defense lawyers to obtain the footage.

The Police Commission, meanwhile, has made it clear that the footage should not be widely available as public records and the cameras ought to be shut off during political demonstrations to protect First Amendment rights and keep federal agents from using them to target undocumented immigrants.

"If the public defender or a defense lawyer needs it, to me that’s an appropriate use of the information," police commissioner David Campos told the Guardian. "The concern should be: is there any way to keep the feds from getting this footage? We don’t have a way of doing that right now."

San Francisco launched its surveillance program in mid-2005 with two cameras outside public housing tracts in the Western Addition. Two and a half years later, 74 cameras are spread across the city in 25 locations, even though city officials were still calling this a pilot project as recently as this month.

The city was supposed to provide the Board of Supervisors and the Police Commission with a report by last year that evaluated how well the cameras were performing, but city administrator Ed Lee has missed several deadlines, and now it’s not due until March.

Jennifer King, a research analyst for the University of California at Berkeley’s Samuelson Law, Technology and Public Policy Clinic, is leading the study and says it’s one of only two that she’s aware of taking place in the US at this time.

A preliminary report done by the Berkeley team will only include an analysis of crime statistics, but a second study will involve comparing camera locations with control sites that are the same size and have similar demographics and crime profiles, because "there could have been changes in the background crime rate citywide that had nothing to do with the cameras," King told the Guardian.

In the meantime, Police Chief Heather Fong told the commission Feb. 6 that inspectors had requested footage nearly 80 times but in only two instances was it "useful in a prosecution."

At another public meeting last year, an official acknowledged that of the 178 cameras controlled by the federally subsidized San Francisco Housing Authority, none has ever led to an arrest in a homicide case, despite the fact that a large percentage of the city’s violent crime occurs in public housing developments.

Even Sandoval’s not convinced of the cameras’ efficacy: "We have to do everything we can to make sure everyone has fair access to the cameras…. But I’m fairly certain that the cameras really are just an intrusion into our privacy and the risk greatly outweighs any benefit."

Solo budgeting

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› sarah@sfbg.com

Mayor Gavin Newsom is giving his department heads until Feb. 21 to draw up a list of services and positions to be reduced and eliminated, but Board of Supervisors president Aaron Peskin notes this isn’t how city government is supposed to work.

"Technically, things aren’t being cut," Peskin told the Guardian. "Instead, the mayor is signaling that he is refusing to spend the money that has been appropriated by the board in the budget that was voted on and signed last year."

Last summer the Board of Supervisors used the add-back process to appropriate funds the mayor hadn’t sought, thus funding services such as the Workers Compensation Clinic at San Francisco General Hospital and Buster’s Place, the city’s only 24-hour homeless shelter, until the end of fiscal year 2007–08.

But now these same services are being targeted midyear. The mayor announced last November, shortly after he was reelected, that the city faces a projected $229 million budget, so he was demanding an immediate hiring freeze and across-the-board cuts.

As mayoral spokesperson Nathan Ballard reportedly told the San Francisco Chronicle last fall, "Although he wants to trim the fat, the mayor made it abundantly clear he doesn’t want to see a reduction in people sweeping streets or police officers walking beats."

But while city department heads spent the past few months trying to tighten belts, the mayor apparently expanded his, according to budget analyst Harvey Rose’s Feb. 13 report, which details the monetary impact of changes to Newsom’s staff — changes the mayor first announced Jan. 4.

"Don’t think that the irony of the revelations that have been made over the past few weeks has been lost on anyone," Peskin told us, referring to how Newsom added two entirely new positions, increased the pay of senior staff and newly appointed department heads in the Mayor’s Office, and raided the budgets of other agencies to pay for it all.

According to Rose’s report, the budgetary impact of Newsom’s staff changes amounted to an increase of $553,716, with other city departments funding about $1.34 million in annual salaries and benefits for 10 positions assigned to the Mayor’s Office.

These include two newly created jobs — namely, the mayor’s climate change director, Wade Crowfoot, and the mayor’s homelessness policy director, Dariush Kayhan.

Peskin admits that the spending Rose identified is a relative drop in the bucket, compared to the city’s $229 million deficit. "Yes, it’s not enough to significantly close the gap or save a significant number of services, but it’s symbolic," Peskin said, noting that even as homeless shelters are being fingered for elimination, the Human Services Agency is paying $169,624 annually for the mayor’s new homelessness policy director.

"And when voters approved more money for Muni, the mayor used it to hire people to pound out messages about climate change, when the best way to reduce greenhouse gases is to get people out of their cars," Peskin said, referring to Newsom’s new climate change director, hired at an annual cost of $130,112, using the Municipal Transportation Authority’s Safety and Training funds.

"It’s very frustrating and unfortunate," Peskin said, further noting that the $401,392 to terminate Susan Leal without cause as general manager of the San Francisco Public Utilities Commission will come from the city’s water fees.

"This is indicative of the misplaced priorities of the mayor," said Peskin, who doesn’t deny that spending control is required in the face of a looming deficit but resents how the mayor has been trying to do it unilaterally and not in cooperation with the board.

"The budget, by design, is a two-way street," Peskin observed.

Sup. Chris Daly claimed the services being targeted for Newsom’s midyear elimination are "a who’s who of the board’s priorities…. These are human and health services that the mayor has proposed be cut multiple times."

Daly’s legislative aide, John Avalos, who is running for District 11 supervisor, notes that while Daly wanted $33 million for affordable housing, a onetime amount, the mayor took a budget surplus and used it for multiple years, with the police, firefighters’, and nurses’ contracts accounting for his biggest expenditures.

Asked why the city’s deficit has ballooned by $144 million — from the $85.3 million the Controller and Budget Analyst’s offices identified in March 2007 to the $229 million that Newsom’s administration was suddenly projecting last fall — Tom DiSanto, budget and revenue manager for the Controller’s Office, cites an extra $82 million in salaries and benefits.

These include the four-year contracts that nurses and police and fire departments secured last summer, along with five extra police academies, said DiSanto, who also listed $7 million in police crime laboratory debt service, $7.4 million for sheriff inmate housing (required by last year’s Supreme Court order that prisoners can’t sleep on floors), and the $29 million transit set-aside that voters approved last November when they passed Proposition A.

But as DiSanto explains, the city’s budget problem is due not to lack of revenue but to baseline funding and rainy-day reserve requirements, not to mention the political process.

"Right now, with baselines and reserves, 96¢ out of every dollar goes into set-asides, and we’re required to adopt a balanced budget," DiSanto said. "That’s where the cuts come in. If we could access all the city’s revenues, we wouldn’t have a $229 million projected deficit," he added, noting that revenues are up, property taxes are higher than budgeted, and the hotel tax continues to be strong.

Ken Bruce, senior manager at the Budget Analyst’s Office, notes that unlike the federal government, the city of San Francisco has to balance the budget. He also says the current deficit projection comes from the Controller’s and the Mayor’s offices, not the Budget Analyst’s Office.

"In mid-March we get to do a joint forecast," Bruce told the Guardian. "It may paint a better picture, less of a doomsday scenario, but it still leaves us facing difficult policy choices. [The deficit] won’t drop from $230 million to $100 million."

Peskin envisions several long-term solutions, hopefully including positive changes in the White House this fall.

"With every passing year, as the federal government has abandoned the cities, we’ve taken more of a burden, and labor and capital costs have increased," says Peskin, who is mulling changes to the real estate transfer tax and closing a loophole whereby lawyers and accountants in limited liability partnerships have escaped paying payroll taxes.

That said, Peskin sees no easy fixes in the city’s upcoming budget hearings:

"It’s a fluid situation, and it’s all bad."

The organ and the ecstasy: in praise of Spooner Oldham

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By Todd Lavoie

Who doesn’t love the organ? (Ah, hush – you know what I meant! Minds out of the gutter, you dirty birdies – we’re talking music here.)

Yes, that organ – y’know, ebony and ivory and the whole bit. Ah, the Hammond – where would we be without it? Somewhere far, far less soulful, that’s for sure. Truth be told, if push came to shove, I’d have to stick the instrument up there near the top of my list of sounds-I-can’t-do-without. And while I’m in the list-making mood and all, I might as well make myself another one and plunk Spooner Oldham’s name atop the upper tier of all-time best organists ever.

Not only did the man help architect the iconic Muscle Shoals soul sound of the ’60s – creating some heart-stopping classics in the process – but he’s remained just as prolific and influential ever since. Take a trawl through your CD stacks, and chances are, you’ll find his name in the liner notes somewhere. Recent examples? Hmm, how about Bettye LaVette’s The Scene of the Crime (Anti), Cat Power’s Jukebox (Matador), Drive-By Truckers’ Brighter Than Creation’s Dark (New West)?

IndieFest: “Sexina, Popstar PI”

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By Jennique Mason

“She has the boobs and brains of a queen, she’s every man’s dream …” When have truer words been spoken? As sung by Monkees heartthrob Davy Jones in the film’s theme, Sexina: Popstar, P.I. is the long-awaited answer to critically renowned films like Austin Powers and Legally Blonde.

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Directed by Erik P. Sharkey, this East Coast production — complete with villain Adam West (TV’s Batman) — goes inside the pop music machine, literally! On the surface, Sexina may appear to be your average pop star singing sensation, but undercover she’s hot on the trail of a kidnapped scientist manufacturing cyborg boy bands. That sort of crime stopping clearly speaks for itself, but what I wanna know is, where did co-star Allyn Rachel come from? I want her to be in my movie. She may get overshadowed by Sexina (played by Lauren D’Avella), but Rachel’s lezzie publicist was sensational. As for the rest of the movie — chock full o’ elements like high school girls with brigades of vibrators, Paula Abdul fans, some unicorns, and oblique Britney references (“Kevin Tenderloin,” “I did what again?”) — Sexina is like totally crunk. I know that I won’t soon forget the film’s message (delivered in song!) that “having a vagina rules.” Indeed.

Sexina: Popstar, PI screens at the San Francisco Independent Film Festival, Feb 14 and Feb 16, 9:30 p.m., Roxie Film Center. For additional Guardian coverage of this year’s IndieFest, check out reviews here and here and right here — on upcoming PixelVision posts.

Les Razilles Denudes laid bare

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By Matt Sussman

Should bands just stick to their guns and stay broken up? Now that the seemingly impossible has happened and the formerly estranged members of My Bloody Valentine have caught the reunion fever – along with fellow British shut-ins Portishead, who follow on last year’s much ballyhooed reunion of Scottish depressives the Jesus and Mary Chain – what’s to stop other fantasy reformations from coming true? Every other week Pitchfork’s news feed seems to include word of some impending resurrection. Sure, Marr and Morrisey won’t take the stage together until hell freezes over, but honestly, concerts these days really seem like a buyer’s market where any number of groups whose flame was once considered snuffed – whether the Pixies or the Stooges or the Fire Engines – can be seen playing alongside younger bands who openly ape their sound and cite them as formative influences.

Don’t get me wrong. I appreciate wish fulfillment as much as the next music nerd. I thoroughly enjoyed watching the new cross-generational formation of ESG and shaking my ass to “The Beat” played live on a loud sound-system. But I know it’s a far, far cry from hearing the Skroggins sisters and cousin Tito funk up the Paradise Garage’s last party ever. And my friends who saw the Stooges – yeah, I really missed the boat there – couldn’t stop effusing over how much it fucking rocked, despite the fact that Iggy qualifies for the Grand Slam at Denny’s. (At least art punks Wire were being frank when they said that their live dips into their classic first two albums Pink Flag and Chairs Missing were convenient means to get back into proper physical shape. I wish the Spice Girls were as forthcoming since, clearly, this last reunion didn’t exactly turn into the sisterhood of the traveling Cavalli, girl-powered slumber party it was hyped as).

But all griping and throat-clearing aside, if I had the kind of dough that Coachella and All Tommorow’s Parties regularly wave under the noses of some their more resistant would-be reformed headliners, I would send an offer, pronto, to Mizutani Takahashi and his partners in crime in ‘70s underground legends Les Razilles Denudes, who ceased activity around 1996 (even though their first official CD wasn’t released until 1991).

Today’s Ammianoliner

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Today’s Ammianoliner:

City’s crime cameras? I am not ready for my closeup.

(From the home answering machine of Sup. Tom Ammiano on Jan. 28, 2008) B3

Messy Marv at large

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› a&eletters@sfbg.com

Even the short list of elite Bay Area rappers — say, Too Short, E-40, Keak Da Sneak, and Mistah FAB — must include the Fillmore’s own Marvin Watson Jr., a.k.a. Messy Marv. Since selling 15,000 units of his debut, Messy Situations (Ammo, 1996), at age 16, Mess has consistently earned impressive independent numbers: his solo discs Disobayish (Scalen/Sumday, 2004) and Bandannas, Tattoos, and Tongue Rings (Scalen/SMC, 2005) both sold 20,000, while his collaboration with San Quinn, Explosive Mode (Presidential, 1998), has moved more than 50,000.

Mess began 2007 with Da Bidness (Gateway/SMC), the creation of a supergroup formed with Keak and PSD, which, according to SMC’s Will Bronson, was last year’s best-selling local independent disc, at 19,000 and counting. Mess’s current project, Draped Up and Chipped Out 2 (Scalen/SMC), dropped at the year’s end. By mid-December, Draped was the number one independent and number 13 overall album on the Music Monitor Network, which tracks sales from major United States indie chains.

The soundtrack to an uncompleted film, Draped consists mostly of songs by Mess — spitting alongside national talent like Mike Jones, Juvenile, and Sean Paul — plus tracks from local heavyweights like G-Stack and B-Legit. Despite its various hands, the disc still has an album feel, containing some of Mess’s best work since Bandannas. Highlights include his singles "My Life Is a Movie," which showcases a hook by the late Mac Dre, and "Sei Luv," a rare foray into romantic R&B. With multiple business ventures in the works — including a clothing line and a reality TV show — and perpetual major-label interest, Mess is as likely as any Bay rapper to go nationwide.

Coming from the Fillmore’s projects, however, presents challenges most artists don’t face. When I spoke with Mess, he was fresh out of Santa Rita Jail, where he spent the past year on a weapons charge.

"I was charged with felony possession of a firearm, my second firearm case," he said. "The deal was three years’ state pen, but my legal defense got me a year. Now I’m back out, trying to turn my negative situation into a positive.

"Jail didn’t stagnate anything as far as my label Scalen," continued Mess, who even recorded a Draped intro behind bars. "They had a phone so I could do my business and my time. I have a strong team behind me."

Nonetheless, given California’s three-strikes law, another felony gun charge could land Mess serious prison time. When asked if he’s worried, however, he got a little heated.

"Now you sound like the SF police," he said — the last thing a rap reporter wants to hear. "Are we trying to make people think I don’t care about going to jail?" he asked, citing his displeasure with a May 15, 2007, San Francisco Chronicle article implying his gun toting had ruined his career opportunities.

"I felt real exploited by that article," Mess said. "I said I’d rather be caught with than without, any day. The way the murder rate is, it’s like that. I don’t regret any of it. I’d rather people read about me in jail than read about me dying or being shot."

He has a point. I absolutely hate guns, as do SF voters, who passed Proposition H — banning possession and sale of firearms within city limits — in 2005. But Prop. H was struck down Jan. 9 by the First District Court of Appeal, based on a challenge by the National Rifle Association, for conflicting with state law, and I think it’s hypocritical to condemn rappers for carrying guns in a society that refuses to ban them. Street rappers like Mess have to maintain a presence in the hood to preserve their credibility and fan base. But money and fame make them targets for violent crime.

"We need some kind of protection," insisted Bay legend Spice 1, who was shot in the chest during a Dec. 3, 2007, attempt to break into his Escalade while he slept inside. The bullet pierced his lung, leaving him in critical condition, though he’s now out of danger and recovering.

"Entertainers should get a break, but we can’t even wear [bulletproof] vests," added Spice, who has had six gun charges, including four in California that predate the three-strikes law. "Marv ain’t trying to jack nobody. He’s trying to protect himself."

In any case, despite the risks, Mess has no intention of abandoning his hood. Beyond the usual rapper’s neighborhood pride, he has taken on an active role in attempting to turn negatives into positives. Aside from using his label to employ youths whose criminal records and/or poor education make getting jobs nearly impossible, he’s put out two volumes of Fillmore Nation (Scalen/SMC, 2006) to help young rappers launch their careers. He intends to donate a portion of the profits to two Fillmore community centers.

"When I got my position in the music industry, I didn’t turn my back on the kids," Mess said. "I’m out here with these kids, these criminals, and they look at me as hope because I was the same way. When they look at me, they can say, ‘If Messy Marv can do it, I can do it.’<0x2009>"

All told, I think San Francisco — or at least the Fillmore — is better off with Mess on the street than in a cell.

Showdown at 55 Laguna

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› sarah@sfbg.com

Time is running out on attempts by Sup. Ross Mirkarimi, State Sen. Carole Migden, and Assemblymember Mark Leno to secure greater affordable-housing levels from the University of California, which wants to build private residential units on its UC Berkeley Extension campus at 55 Laguna in San Francisco.

Since the school site closed more than three years ago, critics have questioned how the UC’s plan for the campus, which served a public use for more than 150 years, will benefit the community, while preservationists succeeded in getting the campus awarded historic landmark status.

But with the UC claiming "unrestricted power to take and hold real and personal property for the benefit of the university" in a public statement, the city’s regulatory power is limited. The San Francisco Planning Commission is scheduled to consider the project Jan. 17, including the demolition of Middle Hall Gymnasium, the oldest building on the campus, and Richardson Hall Annex. But local and state legislative officials are focused on trying to get more affordable housing at the site.

Although negotiations were still ongoing at Guardian press time, the UC’s plan was to demolish the two historically landmarked buildings on the 5.8-acre Hayes Valley campus and build 450 new housing units, 16 percent of them to be offered below market rates, about the minimum number under the city’s inclusionary-housing law.

"But we’re pushing hard at the bottom line," said Mirkarimi, who, along with Migden, Leno, the city’s Planning Department, the Mayor’s Office of Housing, and affordable-housing activists, has been meeting with developer A.F. Evans and Openhouse, a local nonprofit that intends to build an 80-unit, market-rate, LGBT-friendly, senior residential community on the site.

"And we are trying at a separate venue to appeal to the UC Regents to be more sensitive and cooperative in what their bottom line profitability level is," Mirkarimi, whose District 5 includes Hayes Valley, told the Guardian.

Mirkarimi said he’s in favor of preserving all five buildings at the site but that both the Planning Commission’s Landmark Advisory Committee and the Board of Supervisors have voted to preserve only three. "We are trying to be pragmatic yet clear as to what our objectives are in trying to make a complex deal that’s triangulated by UC Berkeley, A.F. Evans, and Openhouse, with UC as the big daddy in the room.

"UC can do almost what UC wants. But the city’s leverage comes from UC asking for housing to be built and requesting a zoning change at a site that has become a magnet for grime and crime," Mirkarimi said. "It would also be negligent for UC to let this site remain in its current condition.

Under state law, the UC is exempt from city and county zoning and building codes if it builds educational facilities or projects that are deemed to be in the public interest. But according to officials with the City Attorney’s Office, the UC is not exempt from such codes if it turns over its land for private development.

And then there’s the city’s claim that it never conveyed the title to Waller Street, which lies between Buchanan and Laguna streets and is essential to the project, giving opponents some leverage. The UC disputes the city’s claim, but Mirkarimi maintains that the Board of Supervisors’ control of the street "provides a contingency plan if we are not making progress. And either way, UC is going to have to pay for the right to Waller."

The UC’s 55 Laguna project manager Kevin Hufferd confirmed that he is having "ongoing discussions with state and city officials" but declined to comment further.

"Frustrating" is how queer affordable-housing activist Tommi Avicolli Mecca described the last-minute discussions about the 55 Laguna development plan. "A.F. Evans claims it won’t be making any money and that they can’t do any more," Mecca told the Guardian. He attended a Jan. 11 meeting with the company at which, he claims, the developers offered to increase affordability levels to 19.5 percent but Mirkarimi pushed for more.

"To his credit, Sup. Ross Mirkarimi keeps saying this is unacceptable," Avicolli Mecca said, also lauding the Mayor’s Office of Housing for trying to make Openhouse’s project "100 percent affordable."

Currently, Openhouse’s development includes no below-market-rate units, a situation Avicolli Mecca claims the MOH hopes to change "through bringing in subsidies."

"Obviously, we are not against queer senior housing," Avicolli Mecca said. "The issue is that this is a lousy deal. What are we getting? Nothing, but UC gains a lot of money. There’s a crazy need for affordable housing and no way to justify this plan."

Filmmaker Eliza Hemingway, whose documentary Uncommon Knowledge records how the UC shuttered 55 Laguna with no input from — and little concern for — staff, students, and the surrounding community, believes that people have lost sight of the public use issue.

"They are worn down by the struggle, by trying to find a compromise because the space is empty, but the question remains: why is a public campus being privately developed?" Hemingway told us. She mourns the loss of educational programs and spaces that benefited the community and the lack of transparency that has marred the UC’s plans.

"For there to have been such huge barriers to the public process over what is a huge amount of public land is unfortunate," Hemingway said.

Cynthia Servetnick of the Save the UC Berkeley Extension Laguna Street Campus told us her group is prepared to file a lawsuit under the California Environmental Quality Act if the project as currently proposed is approved.

"We’d rather see a project that has 40 percent affordable housing at 50 percent [area median income] than a lawsuit, but $38,000 a year [which would be the annual income requirement for seniors, the disabled, and people with AIDS to be able to afford one of Openhouse’s units] is too high," she said, noting that the proposed units are small but could go for $4,000 a month, rising to $7,000 monthly for those who need more services and staff.

Claiming that recognition of the campus as a historic landmark assists project sponsors in accessing preservation incentives, including federal tax credits, Servetnick said, "A.F. Evans has its [environmental impact report] complete and is clearing the way for 450 units, but they could do that and save all the historic buildings, thus having the same profitability but more affordability. It’s now or never. This is a new term for the mayor, we have a new city planning director, John Rahaim, and officials open to negotiating a win-win."

Migden was even more blunt. "Poor old queers need a place to retire too," she said. "Either Evans and the UC up the affordability level to 40 or 50 percent and guarantee that some of the senior LGBT units are subsidized, or the project dies."

As of press time, A.F. Evans, Openhouse, the SF Planning Department, and UC representatives had not returned the Guardian‘s calls.

Deferring to Mirkarimi to make an official announcement, Leno said, "I know that the meetings have been ongoing and that the issue of affordability is a priority, and I’m hopeful that we will have an agreement among all stakeholders shortly."

Endorsements

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President, Democrat

BARACK OBAMA


This is now essentially a two-person race for the Democratic nomination, and no matter how it comes down, it’s a historic moment: neither of the front-runners for the White House (and by any standard, the Democratic nominee starts off as the front-runner) is a white man. And frankly, the nation could do a lot worse than either President Hillary Clinton or President Barack Obama.

But on the issues, and because he’s a force for a new generation of political activism, our choice is Obama.

Obama’s life story is inspirational, and his speeches are the stuff of political legend. He can rouse a crowd and generate excitement like no presidential candidate has in many, many years. He has, almost single-handedly, caused thousands of young people to get involved for the first time in a major political campaign.

The cost of his soaring rhetoric is a disappointing lack of specific plans. It can be hard at times to tell exactly what Obama stands for, exactly how he plans to carry out his ambitious goals. His stump speeches are riddled with words like change and exhortations to a new approach to politics, but he doesn’t talk much, for example, about how to address the gap between the rich and the poor, or how to tackle urban crime and poverty, or whether Israel should stop building settlements in the occupied territories.

In fact, our biggest problem with Obama is that he talks as if all the nation needs to do is come together in some sort of grand coalition of Democrats and Republicans, of "blue states and red states." But some of us have no interest in making common cause with the religious right or Dick Cheney or Halliburton or Don Fisher. There are forces and interests in the United States that need to be opposed, defeated, consigned to the dustbin of history, and for all of Obama’s talk of unity, we worry that he lacks the interest in or ability to take on a tough, bloody fight against an entrenched political foe.

Still, when you look at his positions, he’s on the right track. He wants to raise the cap on earnings subject to Social Security payments (right now high earners don’t pay Social Security taxes on income over $97,000 a year). He wants to cut taxes for working-class families and pay for it by letting the George W. Bush tax cuts on the rich expire (that’s not enough, but it’s a start). He wants to double fuel-economy standards. His health care plan isn’t perfect, but it’s about the same as all the Democrats offer.

And he’s always been against the war.

It’s hard to overstate the importance of that. Obama spoke out against the invasion when even most Democrats were afraid to, so he has some credibility when he says he’s going to withdraw all troops within 16 months and establish no permanent US bases in Iraq.

Hillary Clinton has far more extensive experience than Obama (and people who say her years in the White House don’t count have no concept of the role she played in Bill Clinton’s administration). We are convinced that deep down she has liberal instincts. But that’s what’s so infuriating: since the day she won election to the US Senate, Clinton has been trianguutf8g, shaping her positions, especially on foreign policy, in an effort to put her close to the political center. At a time when she could have shown real courage — during the early votes on funding and authorizing the invasion of Iraq — she took the easy way out, siding with President Bush and refusing to be counted with the antiwar movement. She has refused to distance herself from such terrible Bill Clinton–era policies as welfare reform, the North American Free Trade Agreement, and don’t ask, don’t tell. We just can’t see her as the progressive choice.

We like John Edwards. We like his populist approach, his recognition that there are powerful interests running this country that won’t give up power without a fight, and his talk about poverty. In some ways (certainly in terms of campaign rhetoric) he’s the most progressive of the major candidates. It is, of course, a bit of a political act — he was, at best, a moderate Southern Democrat when he served in the Senate. But at least he’s raising issues nobody else is talking about, and we give him immense credit for that. And we’ve always liked Dennis Kucinich, who is the only person taking the right positions on almost all of the key issues.

But Edwards has slid pretty far out of the running at this point, and Kucinich is an afterthought. The choice Californians face is between Hillary Clinton and Barack Obama. And Obama, for all of his flaws, has fired up a real grassroots movement, has energized the electorate, and is offering the hope of a politics that looks forward, not back. On Feb. 5, vote for Barack Obama.

President, Republican

RON PAUL


We have a lot of disagreements with Ron Paul and his libertarian worldview. He opposes the taxes that we need to make civil society function and the government regulations that are essential to protecting the most powerless members of society. From its roots in the Magna Carta and Adam Smith’s economic theories to the Bill of Rights, it’s clear the United States was founded on a social compact that libertarians too often seem to deny. And Paul compounds these ills in the one area in which he departs from the libertarians: he doesn’t support federal abortion rights. He’s been associated with some statements that are racially insensitive (to say the least). He clearly shouldn’t be president.

But he won’t — Paul isn’t going to win the nomination. So it’s worthwhile endorsing him as a protest vote for two reasons. His presence on the ballot serves to show up some of the hypocrisies of the rest of the GOP field — and he is absolutely correct and insightful on one of the most important issues of the day: the war.

Paul is alone among the Republican candidates for president in sounding the alarm that our country is pursuing a dangerous, shortsighted, hypocritical, expensive, and ultimately doomed strategy of trying to dominate the world militarily. He opposed the invasion of Iraq and thinks the US should pull out immediately. It’s immensely valuable to have someone like that in the GOP debates, speaking to the conservative half of our country about why this policy violates the principles they claim to hold dear.

Paul is absolutely correct that if we stopped trying to police the world, ended the war on drugs, and quit negotiating trade deals that favor multinational corporations over American families and workers, we would be a far more free and prosperous nation.

President, Green

CYNTHIA MCKINNEY


We endorsed Ralph Nader for president in 2000, in large part as a protest vote against the neoconservative politics of the Bill Clinton administration (the North American Free Trade Agreement, the General Agreement on Tariffs and Trade, welfare "reform," etc.). And Nader’s Green Party campaign had a place (particularly in a state the Democrats were going to win anyway). We’ve never been among those who blame Nader for Al Gore’s loss — Gore earned plenty of blame himself. But four years later we, like a lot of Nader’s allies and supporters, urged him not to run — and he ignored those pleas. Now he may be seeking the Green Party nomination again. Nader hasn’t formally announced yet, but he’s talking about it — which means he still shows no interest in being accountable to anyone. It’s too bad he has to end his political life this way.

Fortunately, there are several other credible Green Party candidates. The best is Cynthia McKinney, the former Georgia congressional representative, who has switched from the Democratic to the Green Party and is seeking a spot on the top of the ticket. McKinney has her drawbacks, but we’ll endorse her.

The real question here is not who would make a better president (that’s not in the cards, of course) but who would do more to build the Green Party and promote the best course for a promising third party that still hasn’t developed much traction as a national force. We’ve been clear for years that the Greens should be working from the grass roots up: the party’s first priority should be electing school board members, community college board members, members of boards of supervisors and city councils. Over time, leaders like Mark Sanchez, Jane Kim, Matt Gonzalez, and Ross Mirkarimi can start competing for mayor’s offices and posts in the State Legislature and Congress. Running a presidential candidate only makes sense as part of a party-building operation. (That’s what Nader did in 2000, and for all the obvious reasons he’s incapable of doing it today.)

But the Greens insist on running candidates for president, so we might as well pick the best one.

McKinney has a lot to offer the Greens. She’s an experienced legislator who has won several tough elections and taken on a lot of tough issues. As an African American woman from the South, she can also broaden the party’s base. She was a solid progressive in Congress, where she was willing to speak out on issues that many of her colleagues ducked (she was, for example, one of the few members to push for an impeachment resolution).

McKinney has her downside — in recent years she’s been flirting with the loony side of the left, getting a bit close to some Sept. 11 conspiracy theories that hurt her credibility (although she’s also made some very good points about the attacks and the lack of a serious investigation into what happened). And some of her supporters have made alarmingly anti-Semitic statements (from which, to her credit, she has attempted to distance herself). But she has to come out now, strongly, to denounce those sorts of comments and show that she can build a real coalition.

With those (serious) reservations, we’ll give her the nod.

Proposition 91 (use of gas tax)

NO


Prop. 91 is essentially an effort to ensure that revenue from the state’s gas tax goes only to roads and highways. It’s a moot point anyway: Proposition 1A, which passed last year, did the same thing, and now even proponents of 91 are urging a No vote.

But we’re going to take this opportunity to reiterate our opposition to Prop. 1A, Prop. 91, and any other ridiculous effort to restrict the use of gasoline tax revenues.

It should be clear to everyone at this point that the widespread overuse of automobiles is having far bigger impacts on California than just wear and tear on the roads. Cars are the biggest single cause of global warming, and they kill and injure more Californians than guns do, causing enormous costs that are borne by all of us. Driving a car is expensive for society, and drivers ought to be paying some of those costs. That should mean extra gas taxes and a reinstatement of the vehicle license fee to previous levels (and extra surcharges for those who drive Hummers and other especially wasteful, dangerous vehicles). That money ought to go to the state General Fund so California doesn’t have to close state parks and slash spending on schools and social services, as Gov. Arnold Schwarzenegger is proposing.

Proposition 92 (community college funding)

YES


Prop. 92 is another example of how desperate California educators are and how utterly dysfunctional the state’s budget process has become.

The measure is complicated, but it amounts to a plan to guarantee community colleges more money — a total of about $300 million a year — and includes provisions to cut the cost of attending the two-year schools. Those are good things: community colleges serve a huge number of students — about 10 times as many as the University of California system — many of whom come from lower-income families who can’t afford even a small fee increase. And, of course, as the state budget has gotten tighter, community college fees have gone up in the past few years — and as a result, attendance has dropped.

Part of the way Prop. 92 cuts fees is by divorcing community college funding from K–12 funding — and that’s created some controversy among teachers. Current state law requires a set percentage of California spending (about 40 percent) to go to K–12 and community college education, but there’s no provision to give more money to the community colleges when enrollment at those institutions grows faster than K–12 enrollment.

Some teachers fear that Prop. 92 could lead to decreased funds for K–12, and that’s a real concern. In essence, this measure would add $300 million to the state budget, and it includes no specific funding source. This worries us. In theory, the legislature and the governor ought to agree that education funding matters and find the money by raising taxes; in practice, this could set up more competition for money between different (and entirely worthy) branches of the state’s public education system — not to mention other critical social services.

But many of the same concerns were voiced when Prop. 98 was on the ballot, and that measure probably saved public education in California. The progressives on the San Francisco Board of Education all support Prop. 92, and so do we. Vote yes.

Proposition 93 (term limits)

YES


This is pathetic, really. The term-limits law that voters passed in 1990 has been bad news, shifting more power to the governor and ensuring that the State Assembly and the State Senate will be filled with people who lack the experience and institutional history to fight the Sacramento lobbyists (who, of course, have no term limits). But the legislature isn’t a terribly popular institution, and the polls all show that it would be almost impossible to simply repeal term limits. So the legislature — led by State Assembly speaker Fabian Núñez, who really, really wants to keep his job — has proposed a modification instead.

Under the current law, a politician can serve six years — three terms — in the assembly and eight years — two terms — in the senate. Since most senators are former assembly members, that’s a total of 14 years any one person can serve in the legislature.

Prop. 93 would cut that to 12 years — but allow members to serve them in either house. So Núñez, who will be termed out this year, could serve six more years in the assembly (but would then be barred from running for the senate). Senators who never served in the assembly could stick around for three terms.

That’s fine. It’s a bit better than what we have now — it might bring more long-term focus to the legislature and eliminate some of the musical-chairs mess that’s brought us the Mark Leno versus Carole Migden bloodbath.

But it’s sad that the California State Legislature, once a model for the nation, has been so stymied by corruption that the voters don’t trust it and the best we can hope for is a modest improvement in a bad law. Vote yes.

Propositions 94, 95, 96, and 97 (Indian gambling compacts)

NO


We supported the original law that allowed Indian tribes to set up casinos, and we have no regrets: that was an issue of tribal sovereignty, and after all the United States has done to the tribes, it seemed unconscionable to deny one of the most impoverished populations in the state the right to make some money. Besides, we’re not opposed in principle to gambling.

But this is a shady deal, and voters should reject it.

Props. 94–97 would allow four tribes — all of which have become very, very wealthy through gambling — to dramatically expand the size of their casinos. The Pechanga, Morongo, Sycuan, and Agua Caliente tribes operate lucrative casinos in Southern California, spend a small fortune on lobbying, and convinced Gov. Arnold Schwarzenegger to give them permission to create some of the largest casinos in the nation. Opponents of this agreement have forced the issue onto the ballot.

The tribes say the deals will bring big money into the state coffers, and it’s true that more gambling equals more state revenue. But the effective tax rate on the slot machines (and this is all about slot machines, the cash engines of casinos) would be as little as 15 percent — chump change for a gambling operation. And none of the other tribes in the state, some of which are still desperate for money, would share in the bounty.

The big four tribes refuse to allow their workers to unionize. While we respect tribal sovereignty, the state still has the right to limit the size of casinos, and if the tribes want the right to make a lot more money, they ought to be willing to let their workers, not all of them Indians, share in some of the rewards. We’re talking billions of dollars a year in revenue here; paying a decent salary is hardly beyond the financial ability of these massive operations.

The governor cut this deal too fast and gave away too much. If the tribes want to expand their casinos, we’re open to allowing it — but the state, the workers, and the other tribes deserve a bigger share of the revenue. Vote no on 94-97.

Proposition A (neighborhood parks bond)

YES


This $185 million bond has the support of a broad coalition of local politicians and activists, Mayor Gavin Newsom, and every member of the Board of Supervisors. It would put a dent in the city’s serious backlog of deferred maintenance in the park system.

The measure would allocate $117.4 million for repairs and renovations of 12 neighborhood parks, selected according to their seismic and safety needs as well as their usage levels. It would also earmark $11.4 million to replace and repair freestanding restrooms, which, the Recreation and Park Department assures us, will be kept open seven days a week.

The bond also contains $33.5 million for projects on Port of San Francisco land, including a continuous walkway from Herons Head Park to Pier 43 and new open spaces at regular intervals along the eastern waterfront. While some argue that the Port should take care of its own property, it’s pretty broke — and there’s a growing recognition that the city’s waterfront is a treasure, that open space should be a key component of its future, and that it doesn’t really matter which city agency pays for it. In fact, this bond act would provide money to reclaim closed sections of the waterfront and create a Blue Greenway trail along seven miles of bay front.

One of the more questionable elements in this bond is the $8 million earmarked for construction and reconstruction of city playfields — which includes a partnership with a private foundation that wants to install artificial turf. There’s no question that the current fields are in bad repair and that users of artificial turf appreciate its all-weather durability. But some people worry about the environmental impact of the stuff, which is made from recycled tires, while others wonder if this bond will end up giving control of 7 percent of our parkland to the sons of Gap founder Don Fisher (their City Fields Foundation is the entity contributing matching funds for city-led turf conversions). Although the Rec and Park Department has identified 24 sites for such conversions, none can take place without the Board of Supervisors’ approval — and the supervisors and the Rec and Park Commission needs to make it clear that if neighbors don’t want the artificial turf, it won’t be forced on them.

Prop. A also earmarks $5 million for trail restoration and $5 million for an Opportunity Fund, from which all neighborhoods can leverage money for benches and toilets through in-kind contributions, sweat equity, and noncity funds.

And it includes $4 million for park forestry and $185,000 for audits.

With a 2007 independent analysis identifying $1.7 billion in maintenance requirements, this is little more than a start, and park advocates need to be looking for other, ongoing revenue sources. But we’ll happily endorse Prop. A.

Proposition B (deferred retirement for police officers)

YES


We’ve always taken the position that relying exclusively on police officers to improve public safety is as useless as simply throwing criminals behind bars — it’s only part of the solution and will never work as an answer all on its own.

But we’re also aware that the city is suffering a dramatic shortage of police officers; hundreds are expected to retire within a few short years, and those figures aren’t being met by an equal number of enrollees at the academy.

So we’re supporting Prop. B, even if it’s yet another mere stopgap measure the police union has dragged before voters, and even though the San Francisco Police Officers Association is often hostile to attempted law enforcement reforms and is never around when progressives need support for new revenue measures.

Prop. B would allow police officers who are at least 50 years of age and who have served for at least 25 years to continue working for three additional years with their regular pay and benefits while the pension checks they’d have otherwise received collect in a special account with an assured annual 4 percent interest rate.

The POA promises Prop. B will be cost neutral to taxpayers, and the city controller will review the program in three years to ensure that remains the case. Also at the end of three years, the Board of Supervisors, with a simple majority vote, could choose to end or extend it.

POA president Gary Delagnes added during an endorsement interview that department staffers in San Francisco who reach retirement age simply continue working in other police jurisdictions. If that’s the case, we might as well keep them here.

No other city employees are eligible for such a scheme, which strikes us as unfair. And frankly, one of the main reasons the city can’t hire police officers is the high cost of living in San Francisco — so if the POA is worried about recruitment, the group needs to support Sup. Chris Daly’s affordable-housing measure in November.

But we’ll endorse Prop. B.

Proposition C (Alcatraz Conversion Project)

NO


We understand why some people question why a decaying old prison continues to be a centerpiece of Bay Area tourism. A monument to a system that imprisoned people in cold, inhumane conditions doesn’t exactly mesh with San Francisco values.

But the Alcatraz Conversion Project, which proposes placing a half–golf ball–like Global Peace Center atop the Rock, is a wacky idea that looks and sounds like a yuppie tourist retreat and does little to address the island’s tortured past. People don’t have to support everything with peace in the title.

The proposal includes a white domed conference center for nonviolent conflict resolution, a statue of St. Francis, a labyrinth, a medicine wheel, and an array of what proponents call "architecturally advanced domed Artainment multimedia centers."

We agree with the ideal of dedicating the island to the Native Americans who fished and collected birds’ eggs from this once guano-covered rock for thousands of years and whose descendants carried out a bold occupation at the end of the 1960s. But this proposal seems based on wishful thinking, not fiscal or environmental realities.

The plan is backed by the Global Peace Foundation, which is a branch of the San Francisco Medical Research Foundation, a Mill Valley nonprofit founded by Marin resident and Light Party founder Da Vid. It’s just goofy. Vote no.

Next week: Alameda County endorsements.

How Oakland’s fearful politicos enabled waste: Part III

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In 1996, Your Black Muslim Bakery lieutenant Nedir Bey had a wealth of ammunition with which to lobby city leaders for a $1.1 million loan to fund his health care company, E.M. Health Services.

The previous year, the city of Oakland had agreed to spend hundreds of millions of dollars to bring the Oakland Raiders back from Los Angeles, a deal that quickly soured and has cost the city and Alameda County taxpayers more than $20 million a year ever since.

The developers of a new downtown ice rink had defaulted on $11 million in bonds just three months after the facility opened.

The city had also given plenty of money to other businesses, most white-owned. As a result, the City Council was getting a relentless drubbing from bakery members and black business associates who lined up at meetings to speak on behalf of E.M. Health Services and its efforts to obtain the loan.

They argued that white business owners had an easier time obtaining credit, unsecured loans and support from the city while black-owned businesses endured undue scrutiny. Elected officials endured hints and outright accusations of racism if they dared ask questions about the company or collateral for the loan.

Some of those accusations occurred during the June 4, 1996, council meeting where the officials discussed giving E.M. Health an interim start up loan of $275,000 in city funds. The loan was needed because the company’s application for a $1.1 million share of federal Housing and Urban Development funds for job training programs had not yet been distributed to the city of Oakland.

During the meeting, Shannon Reeves, then-president of the NAACP Oakland chapter, accused the city’s black elected officials of forgetting where they came from.

“It’s time to deliver for the people in the community…,” Reeves said. “We need those who look like us to advocate for us.”

Beth Aaron, executive director of the Bay Area Black Contractors Association also testified at the meeting that night. She said the record proved that white-owned businesses had a much easier time getting Oakland to open its purse strings.

“Those who are white or friends of friends get things done very quickly,” she charged. “Those of us who are of color… do not.”

Even Nedir Bey got into the act.

“A few years ago we wouldn’t have been able to come here and ask for anything without getting run out,” he said. “Cut us a check on Friday for $275,000. Compare us to other projects that you have passed.”

A decade later, E.M. Health is just an unpaid debt on the city’s books, its license suspended by the California Franchise Tax Board. Principal payments first due in May 1998 never materialized, and by the time city staff knocked on its doors in October 1999, the offices had been cleared out.

But the story of how the business, a subsidiary of the now-bankrupt Your Black Muslim Bakery, received the money despite a flawed business plan and a disturbing criminal incident in Nedir Bey’s past illustrates the extent politics and pressure played in officials’ decision to approve the loan.

Bakery members have also been linked to several violent incidents, including the shooting death of journalist Chauncey Bailey, as well as alleged real estate and welfare fraud and child rape. ‘Intimidation factor’

“In reality it was political pressure that got them the loans,” said now-City Council President Ignacio De La Fuente, who was a councilmember at the time. “Deep down inside everybody knew it was bull—. No business plan, no records anyone could show. … And they kept saying they were failing because they didn’t get the city’s money soon enough.”

Retired councilmember Dick Spees, who is white, remembers how heated those meetings were, of being accused of racism because he dared question the business plan or ask about collateral or a missing business license. Bakery members would line up along the wall and refuse to sit, he recalled.

“It sounded good (on paper), this training program to help black people who were not getting opportunities,” Spees said recently. “But there was this intimidation factor, it just didn’t feel comfortable.”

Spees said he grew suspicious when Nedir Bey started racking up ineligible expenses even before federal government lenders had determined E.M. Health’s job training program met its criteria for financing.

Spees said he ended up voting for the loan and for several thousand dollars in advances from city coffers after he was assured by city staff on more than one occasion that HUD would approve the loan and that Bey had put up collateral.

De La Fuente, now council president, said he understood that the HUD money was intended for riskier loans, but that was no reason to cave in to pressure and give the money without trying to protect the city’s resources.

“I never got their support,” he said, referring to his black council colleagues, Nate Miley, Dezie Woods-Jones, Elihu Harris and Natalie Bayton.

Kidnap, torture

The city gave Nedir Bey money despite a disturbing incident that occurred on March 4, 1994, when Qiyamah Corporation, E.M. Health’s nonprofit parent company was still in its infancy.

On that date, Nedir Bey and Abaz Bey, another spiritually adopted son of bakery founder Yusuf Bey, were arrested and charged with abducting, assaulting, torturing and robbing a man they believed had cheated them on a real estate transaction.

Abaz Bey and other members of the bakery lived in an apartment building on 24th Street in North Oakland, the same one Nedir Bey wanted to buy with his very first request for city money, that ultimately was reduced in scope. The owner had hired the bakery to provide security after being sued by tenants fed up with rampant drug dealing and other crime.

According to police and court records, three men, led by Nedir Bey, beat the man with a flashlight and burned him with a hot knife. The arrests sparked a tense, full-scale standoff between more than 40 police officers and a similar number of male bakery members.

According to news reports, then-Mayor Elihu Harris agreed to meet the demand of bakery patriarch Yusuf Bey to discuss the standoff and the arrests.

Nedir Bey pleaded no contest to one felony count of false imprisonment. He was sentenced to three years’ probation after a veteran Oakland police officer and members of the community wrote a support letter on his behalf.

The probation report noted that two other prominent Oakland residents acted as character references for Nedir Bey: Alameda County Supervisor Keith Carson and Larry Reid, then aide to Mayor Harris. However, Reid, now an Oakland city councilmember, said he never wrote a letter or served as a reference for Nedir Bey.

When Tribune reporters Diana Williams and Paul Grabowicz questioned whether the the arrest should impact his loan application, Nedir Bey said such details were irrelevant.

“Nelson Mandela spent 27 years in prison, and he was respectable enough to become president of South Africa,” he was quoted as saying in a June 1996 Oakland Tribune article.

Unapologetic support

Alameda County Supervisor Nate Miley, who was an Oakland council member and pushed hard for the E.M. Health loan, said recently that he never knew about Nedir Bey’s felony conviction or other clashes between bakery members and the police.

“Then-police chief Richard Word and I chaired the Public Safety committee and I didn’t know about it,” Miley insisted. “Clearly, I had a sense that the police had some concerns (about bakery members), but not how it’s been depicted recently.”

Miley is unapologetic about his unflinching support of E.M. Health during his time on the council. He wasn’t overly concerned when the company defaulted, he told his colleagues at the time, because the federal money was intended to fund higher-risk ventures.

He recalled in a recent interview that African-Americans had good reason to believe black businesses weren’t getting a fair share of city contracts or loans. Oakland’s leaders had poured millions in public money into bringing the Raiders home from Los Angeles and bailing out the Ice Center, Miley said, and African-Americans never let them forget it.

It’s also possible that city staff and some council members were intimidated by the accusations of racism, he added.

“I think we were very sensitive (about accusations) of being racist and Uncle Toms,” said Miley, who is African American.

“When E.M. came in to get a loan … on the face of it that looked like very worthy cause, something that would serve the public. So we decided to give them a chance,” Miley said, adding that there was some concern over the money being used for a car and consultants.

“We gave them some technical assistance and guidance rather than pulling the rug out from under them completely,” Miley recalled. “Still, even if it’s federal money they got, it’s still public taxpayer dollars down the toilet.”

Miley said he admired Yusuf Bey and the way he preached self-reliance, spirituality and discipline. Oakland was suffering record homicides and here was someone who was reaching out to ex-cons or those who might otherwise get caught up in the cycle of violence and helping them turn their lives around and earn money legitimately for their families, Miley said.

In February 1996, a smiling, soft-spoken Nedir Bey stood before the City Council and told them as much.

“This is an excellent program and it will target men and women who are not working presently and have no job skills,” Bey said. “We can train them in the home health care field and start them on a better way of life.”

‘Brilliant’ concept

Redevelopment Agency Director Gregory Hunter said the company’s goals were hard to turn down even if E.M. Health’s promises lacked details.

“The concept was brilliant, absolutely brilliant,” he said, adding that the business proposal drew applause from as far away as Washington, D.C. “Unfortunately, the execution fell somewhat short of the expectations the city had.”

Elihu Harris, now the chancellor of Peralta Community College District, was reluctant to discuss the matter recently because he said he did not recall many details. Harris said his dad received home health care from employees of E.M. Health, but it was his mother who handled the contract.

He added that a community loan advisory committee _ a body the federal lenders required _ had voted to fund E.M. Health, and the council debated that recommendation back and forth for many months. He said the council was not provided with a lot of details about the company.

“The (loan committee)… had really done the research,” Harris said. “The council was between a rock and a hard place.

“(E.M. Health) had made some mistakes and they were going to try and rectify those mistakes,” Harris said. “There was a lot to be concerned about, but they had strong community support.”

One supporter who turned out early and often to lobby for Nedir Bey was Theodora Marzouk, an administrator for Oakland-based Community Care Services, Inc.

She testified more than once about the shortage of training programs for nurses’ aides and said her own company couldn’t supply enough of them. She urged Oakland’s leaders to fund E.M. Health.

But Marzouk ended up on E.M. Health’s payroll for the last two quarters of 1996 earning more than $20,000, city records show.

Marzouk refused to comment for this story, but she sounded surprised to hear that she’d once been listed as an employee.

In any case, by 2000, the company’s business license was suspended, and by 2003, Alameda County records show, state and federal tax officials during the intervening years had imposed tax liens on the company’s assets totalling nearly $200,000.

But today, E.M. Health’s motto “Big enough to serve, small enough to care” is little more than a failed promise.

MediaNews investigative reporters Thomas Peele and Josh Richman, KQED reporter Judy Campbell, and radio reporter Bob Butler contributed to this report. Cecily Burt is a MediaNews staff writer. G.W. Schulz is a staff writer at the San Francisco Bay Guardian.

The questions the zoo won’t answer

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Editors note: Craig McLaughlin sent the following questions to the office of the zoo’s hired flack, Sam Singer. We received no reply by press time.

I was raised around tigers. I know their habits and capabilities and was personally involved in constructing cages for them. I have been amazed by some of the comments attributed to Mr. Mollinedo in local news accounts. He initially reported that the wall of the moat was 20 ft high but the moat was 20 feet across. The difference between the elevations of the grotto and the viewing area is clearly, by any direct observation, only a few feet. That means that regardless of the depth of the dry moat, there is a question of whether the tiger could simply leap from bank to bank. Conventional wisdom in the tiger literature is that they can jump 20 feet, and there are accounts in the literature of leaps as long as 30 or even 33 feet. Given this, it makes no sense based on records available to Mr. Mollinedo that the grotto could be considered secure. In the end, we learned the moat’s width varied from 20 to 33 feet depending on how far one descended, but that the far wall was only 12.5 feet. Mr. Mollinedo then expressed surprise that a tiger could leap or climb over a wall of that height. Given my own knowledge of and direct observation of tigers, a tiger making that leap, even a captive tiger, is not surprising in the least, and taunting would not be a prerequisite. I would have to say that Mr. Mollinedo has no idea what he is talking about when it comes to tigers, and would even go so far as to say it was idiotic for him to make the comments he did–and I am prepared to say that in print. Does Mr. Mollinedo or your firm have any response?

1. Please provide a copy of the zoo’s written protocol concerning tiger escapes.

2. What is the size, caliber, and make of the zoo’s kill rifle(s)?

3. Where is it/are they stored?

4. How many people are authorized and trained to use it (them)? How often do they practice?

5. How many of those people were on the zoo grounds from 5-5:30 pm Christmas day?

6. Was a kill rifle (or rifles) and/or a shooting team deployed during Tatiana’s escape?

7. Minutes of the San Francisco Joint Zoo Committee talk about the improvements, including improvements to the lion house, providing keeper staging areas. Where is the nearest staging area to the to the tiger grotto and was it staffed at 5 pm on Christmas day?

8. When was the last date that the zoo conducted an emergency drill for an animal escape? AZA accreditation standards state “Emergency drills ensure that the instiutution’s staff know their duties and responsibilities and know how to handle mergencies properly when they occur…. Emergency drills shouldbe conducted at least once annually for each basic type of emergency.”

9. Please provide a copy of the record and evaluation of the last animal escape emergency drill? AZA standards state that “these drills need to be recorded and evaluated … Records of these drills need to be maintained.”

10. What training do security personnel recieve in how to respond to an animal emergency. How long is the training, who provides it, and are refreshers required? Had security personnel on duty that night been trained?

11. Why did cafe personnel not let the injured patrons inside so they would not be subject to further attacks? What are the policies about sheltering patrons in concession, entertainment and administrative areas during an animal attack?

12. Please provide a copy of the written protocol between the zoo and local police and other local emergency responders as required by AZA standards.

13. The Chronicle and other sources have reported that the tiger grotto was refurbished/remodeled recently and the cats returned in September. Is this true? Please describe what alterations or improvements were made? What contractor did the work? Was an architect involved in preparing plans and if so, who and at what firm? Was Tatiana housed in the same grotto prior to the remodel? Were keepers consulted in the rennovations?

14. There are at least two credible media accounts of tigers escaping from that grotto previously and one account of a near escape. These were known to keepers and in one case reported in a letter to zoo management. Was the zoo director aware of any of these accounts? Should he have been?

15. It is common practice in the business, public and nonprofit sector to consult with subordinates when conducting performance reviews of senior managers (a so-called 360 is one of the best known examples). When was the last performance review of Mr. Mollinedo conducted? Were keepers and other direct and indirect subordinates consulted as part of that review? Does the zoo have written policies in place concerning executive performance reviews? If so, please provide a copy.

16. I believe the zoo’s agreement with the city makes clear that zoo documents should be made available to the city Rec and Parks Department and therefore should be available to the public under the city’s sunshine law. The zoo, however, has not been forthcoming with specifics about the incident or readily provided related documentation. Why is this and how is this allowed under the contract?

17. Who was the designated person for emergency contact for the zoo at the time of the escape? When was that person accessed and by what form of communication?

18. Your firm specializes in crisis communication. The field of crisis communications is well established and has some commonly accepted principles. One of these is truthfulness–officials and spokespersons should be forthright and direct when communicating with employees, the public and the media. Another is timeliness–respond quickly to media and legal inquiries and be be proactive. Expressing empathy and putting people first are also important. Accepting responsibility goes a long way and blaming and attacking is contraindicated. As a public health official, I have been trained in crisis communication. Zoo management seems to be evasive and not forthcoming. Requests for interviews have not been responded to. How do you think the zoo performed initially in this regard and how have things changed since your firm became involved? For example, simple questions are still not being answered. I was surprised to know the zoo had been closed for a long time for a variety of reasons (including the fact that it was a crime scene) and then after they hired your firm, the Web site announces the zoo is closed in honor of the victims. This seem disingenuous to me. I find it dubious that that was really the motivating factor for the extended closure. Any response? (My own opinion is that given joint oversight, the wording of the agreement, and the fact that many dispositions will be conducted, I see no advantage to not responding affirmative and immediately to requests for information and records.)

19. Did the zoo have a media relations policy in place concerning employee interactions with the media prior to this incident. If so, please provide a copy.

20. Does the zoo have a response to SF Chronicle articles that paint a picture of poor management and very bad employee morale at the zoo?

There will be cocktails

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It’s a premiere night at the new Sundance Kabuki Cinemas, and publicists, requisite reporters, and lobby loiterers are looking for Robert Redford. After driving into the city from a stay in Carmel, he’s here — at least until he disappears down a hall or around a corner. While available, he sings the praises of Emile de Antonio (soon to get a retrospective at the San Francisco Museum of Modern Art) but says he isn’t privy to odd rumors that — while some crucial and truly independent SF film spaces are struggling — one of the Sundance’s upscale theaters might be devoted to local and experimental film.

SFBG What connections will there be between the Sundance Cinemas and the large number of film festivals that happen in the Bay Area? For example, the American Indian Film Festival happens in San Francisco every fall, and I was wondering if it might take place here.

ROBERT REDFORD I can’t answer that — I would love it if it could, both from a personal standpoint and from a political standpoint in working to free Leonard Peltier, which hasn’t happened yet, which is a crime. I think the fact that [Bill] Clinton didn’t pardon him and yet pardoned Mark Rich was a complete failure on his part.

Two festivals that I can guarantee we’ll have a strong connection to, though, are the San Francisco International [Film] Festival and the [SF International] Asian American Film Festival. (Johnny Ray Huston)

Offies!

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› tredmond@sfbg.com

It’s gotten to the point where you don’t have to make fun of the president anymore — the rest of the country has gotten so insane that George W. Bush almost looks normal. Just think about 2007:

One presidential candidate said aborted fetuses could have replaced immigrant workers. One said he wanted to be sure to shoot Osama bin Laden with American-made bullets. One said he’d seen a UFO. One said he wanted to deport 400,000 immigrants but was too busy.

A prominent conservative writer said Jewish people need to be "perfected." A bathroom stall in Minneapolis became a tourist attraction.

And Gavin Newsom screwed his secretary, Ed Jew didn’t know where he lived, people ran naked for mayor, Halloween was cancelled … It was, by any standard, a banner year for the Offies.

YES, I SLEPT WITH MY SECRETARY. YES, SHE WAS MARRIED TO MY CAMPAIGN MANAGER. YES, I AM AN ASSHOLE. THE NEWSPAPERS GOT THAT RIGHT.

Gavin Newsom, faced with news of his sordid affair with Ruby Rippey-Tourk, told reporters that "everything you’ve read is true."

SISTERHOOD IS POWERFUL

Jennifer Siebel, Newsom’s girlfriend who said "the woman is the culprit" in the mayor’s notorious affair, posted a message on SFist.com insisting she’s a "gal’s gal."

GOOD ONE, JEN — WAY TO ACCUSE YOUR BOYFRIEND OF DATE RAPE

Siebel said Newsom’s affair with Rippey-Tourk "was nothing but a few incidents when she showed up passed out outside of his door."

THE TRUTH, NEWSOM STYLE

Newsom’s press secretary, Peter Ragone, admitted to posting fake pro-Newsom comments on the SFist blog under a friend’s name.

AND NOW HE CAN CLAIM HE’S REALLY A CELEBRITY

Newsom announced he would go into rehab.

YOU’D THINK A SECRETIVE MAYOR WHOSE PRESS SECRETARY LIES COULD AT LEAST MAKE THE TRAINS RUN ON TIME

The Muni Metro T line opened for business with delays that crashed the entire underground train system.

JEEZ, CAN’T YOU TV PEOPLE FIND A REPORTER WHO WILL STOP ASKING THE MAYOR SO MANY EMBARRASSING QUESTIONS?

Newsom announced on camera that he wasn’t going to talk to ABC’s Dan Noyes anymore, saying, "You just send some other reporters. It’s going to be a lot easier now."

WAIT — ISN’T THERE SOME STATE LAW ABOUT USING YOUR CELL PHONE WHEN YOU’RE DRIVING?

State senator Carole Migden crashed her state-owned SUV into another car in Marin when she took her eyes off the road to answer a cell phone call.

COME TO THINK OF IT, HE DOES HAVE THAT HOLLYWOOD SMILE GOING ON. AND THOSE EYES …

Sup. Chris Daly set off a press furor when he said Newsom was refusing to answer questions about his alleged cocaine use.

THAT’S OK — IT’S HARD TO GET THOSE COSTUMES OFF TO PEE ANYWAY

Newsom’s press office announced that Halloween was cancelled, and the mayor refused until the last minute to allow portable toilets to be set up in the Castro.

CHARITABLE ORGANIZATIONS NEED A LITTLE BRIBERY MONEY TOO

Suspended Sup. Ed Jew, who was charged with accepting $40,000 in cash from a tapioca store chain, insisted he was going to give half the money to a neighborhood parks program.

APPARENTLY, THE MONEY WASN’T THE ONLY THING THAT SMELLED

Jew insisted he lived in a Sunset District house that had no water service and said he showered at his flower store (where reporters were never shown an actual shower).

BY SAN FRANCISCO STANDARDS, HE’S EMINENTLY QUALIFIED FOR PUBLIC OFFICE

Mayoral candidate Grasshopper Alec Kaplan stole Jew’s house numbers, was arrested for playing his guitar naked on top of his purple taxicab, and was sentenced to nine months in jail for threatening a passenger.

AND FRANKLY, IT’S JUST AS WELL THEY GOT HIM OFF THE STREET; NOBODY WANTS TO LOOK AT THAT SHIT

Yoga instructor George Davis was arrested four times while campaigning for mayor in the nude.

UNFORTUNATELY, HE CAME IN FIFTH

Chicken John Rinaldi insisted he was running for second place and considered using the slogan "The other white mayor."

YOU HAVE TO GIVE IT TO HIM: THE GUY CAN PICK HIS ICONS

Paul David Addis was arrested for setting fire to the Burning Man icon four days before it was supposed to be burned, then was later charged with attempting to burn down Grace Cathedral.

POOR JERRY — CAN’T SOMEBODY DONATE SOME MONEY TO HAVE HIM PUT IN A HOME FOR THE TERMINALLY MORONIC?

Jerry Lewis created an imaginary character for his muscular dystrophy telethon called Jesse the illiterate fag.

UNLIKE LUNATIC RIGHT-WING CHRISTIANS, WHO SEEM TO BE DOING JUST FINE

Ann Colbert said that Jews need to be "perfected."

HEY MARTHA, CHECK IT OUT! LET ME POSE FOR A PHOTO! I GOT MY WIDE STANCE ALL READY!

The bathroom stall where Larry Craig was arrested for public sex became a tourist attraction.

AND NOW, THE CELEBRITY NEWS FOR THE SEVEN OR EIGHT PEOPLE WHO STILL ACTUALLY CARE

Britney Spears shaved her head. Paris Hilton went to jail.

THE WORLD JUST GOT A TINY BIT SAFER FOR HUMANITY

Spears’s mother lost her contract for a book on parenting after her 16-year-old daughter Jamie Lynn became pregnant.

NOW IF THE SCALPERS COULD JUST DO A JOB ON THAT WIG

Tickets to the Hannah Montana concert in Oakland were sold for as much as $1,000.

OF COURSE, SHE MAY HAVE SIMPLY BEEN TRYING TO FIT IN THOSE TINY SEATS

Southwest Airlines kicked a woman off a flight for wearing too short a skirt.

WAIT, WE MISSED THE ONE ABOUT FUCKING THINE OWN GENDER. MAYBE HE LEFT IT IN THE TENT

Arkansas governor Mike Huckabee said he would oppose same-sex marriage "until Moses comes down with two stone tablets from Brokeback Mountain saying he’s changed the rules."

WHY EXPLOIT IMMIGRANTS WHEN WE CAN EXPLOIT KIDS OF OUR OWN?

Huckabee announced that if all of the nation’s aborted fetuses had gone to term, the United States wouldn’t need low-cost immigrant labor.

OF COURSE, IF HE’D BEEN GAY OR HAD AN ABORTION, HE WOULD HAVE WOUND UP IN PRISON

Huckabee told Rolling Stone he’d pardoned Keith Richards for a 1975 traffic ticket.

WE LIKE A PRESIDENTIAL CANDIDATE WHO HAS HIS PRIORITIES STRAIGHT

Former New York mayor Rudy Giuliani said he would have liked to have kicked all 400,000 undocumented immigrants out of the city, but he was too busy fighting crime.

OF MAYBE IT WAS JUST THE VULCANS, COME TO MAKE FIRST CONTACT AND CONVINCE US TO SUPPORT SINGLE-PAYER HEALTH INSURANCE

Rep. Dennis Kucinich said he’d seen a UFO.

WE’D HAPPILY PAY $999 NOT TO HAVE TO KNOW

A Los Angeles company called 23andMe offered to test your DNA for $999 and tell you if you’re related to Marie Antoinette, Jesse James, or Jimmy Buffet.

WITH THE CUBAN HEALTH CARE SYSTEM, HE’LL PROBABLY OUTLIVE US ALL

Police in south Florida were put on alert after blogger Perez Hilton falsely announced the death of Fidel Castro.

KILL THE BASTARDS — BUY AMERICAN

Sen. John McCain told workers at a small-arms factory in New Hampshire he would "follow Osama bin Laden to the gates of hell" and "shoot him with your products."

OF COURSE NOT — THEY’VE ALL BEEN TORTURED, BEATEN, OR STONED TO DEATH

Iran’s president said there are no homosexuals in his country.

BUT THEN, SHE TORTURED US FOR 10 YEARS AS MAYOR

Sen. Dianne Feinstein voted to confirm Michael Mukasey as attorney general even though he refused to say that waterboarding is torture.

IT’S NOT IN YOURS EITHER

President Bush said democracy might not be in the "Russian DNA."

WHEN A SIMPLE "CUNT" OR "PUSSY" JUST ISN’T GOOD ENOUGH

A Florida production of The Vagina Monologues sought to avoid controversy by changing its name to The Hoohaa Monologues.

THE 41ST PRESIDENT STARTS WORKING ON HIS PLACE IN HISTORY

President Bush predicted a "nuclear holocaust" if Iran develops weapons of mass destruction.

QUICK, GIVE ME THE BUTTON BEFORE THE BOSS GETS THAT PROBE OUT OF HIS ASS

Vice President Dick Cheney had executive power for two hours and five minutes while President Bush was under sedation for a colonoscopy.

GREAT MOMENTS IN FOREIGN CINEMA

The European Commission put a video clip on YouTube promoting European films by showing 18 couples having sex with the tagline "Let’s come together."

STANCE IS TOO WIDE … STANCE IS TOO WIDE … MALFUNCTION … DOES NOT COMPUTE …

The mayor of Fort Lauderdale, Fla., suggested the city create a robot toilet to combat gay sex in public bathrooms.

COME ON, YOUR HOLINESS — THEY JUST NEED TO BE "PERFECTED"

Pope Benedict XVI declared that Protestants don’t have real churches and their ministers are all phonies.

PERHAPS THE KID CAN’T GO TO SCHOOL ANYMORE, BUT AT LEAST HE WON’T HAVE TO BE PERFECTED BY ANN COULTER

The Supreme Court ruled that a high school student could be suspended for displaying a sign that read "Bong Hits 4 Jesus."

THE OFFIES, OF COURSE, ARE PRODUCED LOCALLY, AND YOU CAN SEE THE QUALITY CONTROL …

A news Web site in Pasadena outsourced its local reporting to India.

BOOM GOES LONDON, BOOM PAREE

Former senator Mike Gravel announced during a presidential candidates debate that the other Democrats frightened him and asked Barack Obama whom he wanted to nuke.

WELL, AT LEAST WE KNOW WHO THE REPUBLICANS ARE GOING TO NUKE

Sen. McCain changed the lyrics of the Beach Boy’s "Barbara Ann" to "Bomb bomb bomb, bomb bomb Iran."

APPARENTLY, MEMBERS OF THE US SENATE DON’T GET OUT MUCH

Sen. Joe Biden declared Obama is "the first mainstream African American who is articulate and bright and clean and a nice-looking guy."

A hard line on 55 Laguna

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EDITORIAL In spring 2007, Assemblymember Mark Leno talked to Ruthy Bennett, the point person on the A.F. Evans proposal to build a major housing development on the old University of California at Berkeley Extension campus in San Francisco. Bennett was running into some problems: the site’s neighbors didn’t think the project included enough community mitigations. And Evans was looking for ways to fund a much larger community center and possibly some affordable housing.

Leno was interested in the project in part because it included plans for 80 units of housing for queer seniors. Open House, a local nonprofit, had been trying to find a site for an LGBT retirement complex for some time, and Evans had agreed to make that part of its project. The assembly member had a friendly relationship with the chancellor of the UC, which owned the land, and he told Bennett he might be able to intercede and help reduce the lease amount the UC wanted to charge the developer. Leno brought Sup. Bevan Dufty, whose district includes part of the site, to the meeting.

Leno told us he made some progress: the UC had wanted $20 million, but he talked the chancellor down to $18 million. "With that $2 million, we were able to substantially increase the size of the community center," he said.

But at the same time, UC representatives apparently walked away from the table thinking they had a final, done deal — that representatives of the city and the state had signed off on a price, which was now set in stone. "Unfortunately, UC’s position is predicated on a deal that doesn’t work well for moving this project forward," Sup. Ross Mirkarimi told us. Now that Mirkarimi is demanding greater affordability in the housing — which is largely high-end rentals — Evans is saying it needs a break from the UC, and the UC won’t budge an inch.

And somebody needs to budge, or this deal needs to be scrapped altogether — because it’s not good for the city.

Remember: this is public land that’s been used for public educational purposes for a century. Now the UC and Evans want to turn it into a private, for-profit housing complex. And only a minimal amount of that new housing will be available at a price that’s affordable to the vast majority of San Franciscans.

Of the 420 units, only 16 percent (roughly the legal minimum) will be affordable. None of the 80 LGBT units will be rented at anything but market rates unless Open House can raise the money to subsidize them. That’s not acceptable: building high-end apartments for the rich does nothing to help the city’s housing crisis, and while we agree there’s a need for supportive community housing for LGBT seniors, middle-class and poor queers need a place to retire too — and this will do nothing for them.

The project was on the fast track until state senator Carole Migden squeezed the UC and forced a delay until late January. The city has plenty of leverage here: not only does the site require rezoning, but the supervisors would also have to sign off on a plan to hand over a piece of Waller Street to the developer.

At this point city officials need to take a hard line: either Evans and the UC up the affordability level to, say, 40 or 50 percent and guarantee that some of the senior units will be subsidized, or the project dies. Period.

We agree with the neighbors of 55 Laguna who say the site has been empty for too long, is an eyesore, and attracts crime. It’s 5.8 acres of land in a central part of the city, and it shouldn’t remain a crumbling ghost of a former college. But the UC and a private developer can’t set all the terms here either — and the city can do a whole lot better than the deal on the table right now.

Year in Film: Tonight we dine in hell

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› cheryl@sfbg.com

Ah, 2007: as of this writing, the five top-grossing movies of the year were three-quels (Spider-Man 3, Shrek the Third, and Pirates of the Caribbean: At World’s End), a chunk of Harry Potter’s golden calf (Harry Potter and the Order of the Phoenix), and the world’s flashiest ad for eBay (Transformers). That the biggest box office hit (Spidey raked in more than $336 million) was also the biggest disappointment is only fitting in a year that was characterized by new heights of hype. Did anyone really like 300 beyond its campy and mockable aspects, or did they just think they liked it because the Internet told them to?

I’ll admit I’m crabby, but I’m a victim of hype as much as anyone else. (The trailer for Iron Man and hell, even just the poster art for Indiana Jones and the Kingdom of the Crystal Skull are making me greet 2008 with giddy anticipation.) I probably saw more than 300 movies (including 300) this year, many from the Tinseltown factory — a place that saps originality, force-feeds us things like fat suits and the Rock, and still leaves us frantically panting for more. And when I say us, I mean me. But although the overriding trend for 2007’s mainstream movies was mediocrity and there’s a feeling as December ends that the past 12 months were full of a whole lotta nothing, there were also some thematic similarities worth noting. (Note: there might be some spoilers here, so if you’ve been eagerly awaiting Death Sentence‘s cable debut, you’ve been warned.)

BUNS IN THE OVEN As I noted in my Juno review ("Birth of a Sensation: Ellen Page and Juno," 12/12/07), that film, combined with Waitress and Knocked Up, made 2007 the year the ever-popular celebrity-baby trend jumped from the pages of US Weekly to the big screen. In Waitress an unhappily married small-town gal is impregnated by her surly hubby; she soon falls for the hunky new guy in town, who happens to be her doctor. In Knocked Up a hot, mysteriously single TV reporter decides she’ll pop out the kid of a one-night stand she can barely stand to look in the eye. And in Juno a tart-tongued high schooler — in a family way after an experimental dalliance with her best friend — plucks her kid’s adoptive parents from the PennySaver. Each of these films have unique moments: Keri Russell’s Waitress postbirth epiphany; Knocked Up‘s awkward baby-on-board sex scene; and Juno‘s simple acknowledgement of the fact that abortion is a safe, legal option for women who find themselves unprepared for motherhood. By contrast, check out Romanian import 4 Months, 3 Weeks and 2 Days, opening in early February 2008. A harrowing look at the illegal abortion trade in that country’s Communist 1980s, it well earned the top prize at the 2007 Cannes Film Festival and contains nary a hamburger phone.

WESTERNS First the pirate movie made a comeback, and now we’ve got all kinds of westerns filling up our eyeholes — including the year’s best film, No Country for Old Men, a contemporary spin on the genre that imagines the Wild West as not just a place but a state of mind. More cut-and-dried was 3:10 to Yuma, which featured good guys, bad guys, shoot-outs, stagecoach robberies, and some seriously old-school hat fetishizing. Harder to classify: The Assassination of Jesse James by the Coward Robert Ford, a hypnotic, arty, lengthy study of the western myth from within the myth. The title characters — portrayed in great turns by Brad Pitt and Casey Affleck — are neither heroes nor villains, but rather men with guns and very few morals, those they have applying to loyalty, decency, and respect for human life. In short, fascinating.

SCREAMING FOR VENGEANCE It’s true, I’m a Charles Bronson fanatic who has often and loudly praised the wonders of the Death Wish films, including my personal favorite, Death Wish 3. So I anticipated the double-decker revenge sandwich of Death Sentence and The Brave One with a certain gruesome glee. Too bad neither movie really rocked it. Death Sentence — directed by Saw‘s James Wan and starring Kevin Bacon — went the distance by offing women and (oh god, no!) children. The Brave One offers a few pleasures, namely that scene on the subway in which Jodie Foster pops a guy for, basically, getting up in her face. Mostly, though, both films spent way too much time showing how their protagonists felt after committing acts of violence: fear, guilt, elation, excitement, or otherwise.

True vengeance films don’t bother with that shit — they start with a grievous act (in Death Wish 3 it’s the senseless killing of Bronson’s military buddy, whose biggest crime is living in a crummy neighborhood overrun with cartoonish gang members) and move right into the payback’s-a-bitch phase. Cops who secretly support the good work of heavily armed vigilantes are also a traditional staple; I don’t think Terrence Howard’s sad-eyed, Foster-followin’ Brave One detective really qualified. I can see updating the vengeance film for these more sensitive times, but — wait, no I can’t. Vengeance films with morals bad. Who needs ’em?

OH YEAH, THAT WAR THING You know when you turn on the news, and you see that story that was on yesterday, and last week, and last year too, about that business going on in Iraq? Wait, you don’t watch the news? Nah, neither do moviegoers, who didn’t give two poops about movies with Iraq war themes (I’m including everything from In the Valley of Elah to The Hills Have Eyes 2 here). I suppose if Blades of Glory can’t heal a broken nation, neither can Paul Haggis.

HORROR IS DEAD I almost forgot about The Hills Have Eyes 2 until I typed it above. There was no singular horror sensation this year, or even a really good sleeper, like 2006’s The Descent. Other releases that underwhelmed the horrorati: 1408, Resident Evil: Extinction, 30 Days of Night, Halloween, The Reaping, Vacancy, 28 Weeks Later, and Saw IV (already in the works: Saw V). As usual, the best horror films were in limited release (The Last Winter) or foreign — spooky Spanish thriller The Orphanage, which pays homage to Poltergeist among others (including The Others), hits theaters Dec. 28.

THE MAGIC NUMBER? This was the year of third sequels, some already mentioned above, of which only The Bourne Ultimatum did anything interesting. The slate for 2008 is pretty much locked in — this time next year, Avatar! — and it’s choked with a fair amount of sequels. Batman, Hellboy, Harry Potter, the Mummy, Indiana Jones, James Bond, Rambo, the Narnia kids, and the Star Trek crew are all poised to lead you back into butter-flavored temptation. Now, I don’t think the fact that a film is a sequel automatically means it will suck: I’m willing to sit through just about anything, because no matter how much crap I see, or how many films start off great and veer horribly off course (here’s lookin’ at you, I Am Legend), I never give up hope for the movies. And if that makes me no better than one of 300‘s digitally enhanced Spartans facing certain doom, so be it. See you next year! *

CHERYL EDDY’S TOP 10

1. No Country for Old Men (Ethan Coen and Joel Coen, US)

2. Grindhouse (Robert Rodriguez, Eli Roth, Quentin Tarantino, Edgar Wright, and Rob Zombie, US)

3. Persepolis (Vincent Paronnaud and Marjane Satrapi, France/US)

4. I’m Not There (Todd Haynes, US)

5. Zodiac (David Fincher, US)

6. Superbad (Greg Mottola, US)

7. The Wizard of Gore (Herschell Gordon Lewis, US, 1970) with Lewis in person, Clay Theatre, Nov. 2

8. Mister Lonely (Harmony Korine, UK)

9. Control (Anton Corbijn, UK/US/Australia/Japan) and Joy Division (Grant Gee, UK, 2006)

10. SpaceDisco One (Damon Packard, US)

What a bash!

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GEEK CHIC Seems like hipster bashing has replaced trailer-trash cracks as the new way to get laughs. By now we’ve all watched the Hipster Olympics, "brought to you by Pabst Blue Ribbon," on YouTube and chuckled vindictively as a clique of Williamsburg, NY, brats in tight pants posed for MySpace photos as part of the competition.

It was bound to happen sooner or later. Now everyone cool is into metal, and those skinny kids with the sideways haircuts — the ones we lauded in 2001 as the antidote to the morosely boring ’90s — are sneeringly referred to as, pardon my French, annoying hipster douche bags. Gosh, they didn’t even get a whole decade to themselves.

To alleviate all of the bilious contempt in which we hold these abominations of humanity, we have the cute and cuddly Patton Oswalt. He makes the best hipster-bashing jokes ever. When he suggests that anyone with the nerve to have the words "I’m powered by puppy kisses" emblazoned on their chest must be thinking, "My coolness obviously defeats this douchiness," he gives voice to our universal annoyance at hipsters and their lame ironic T-shirts — ones that the nerdy J.R.R. Tolkien–reading, true-crime fan would never be able to pull off.

At the same time, he has a new album, Werewolves and Lollipops, out on what one might still consider a hip, let’s say alternative (but not as indie as it once was), label: Sub Pop. The record reached number 18 on Billboard‘s indie chart and number 1 on its comedy chart — it even made it onto the big top-200 chart. Like it or not, this pudgy little smart-ass is cooler than the cool.

I found out what really bothers Oswalt about hipsters when I talked to him Nov. 30 between sets at "The Comedians of Comedy," a marathon show at the Independent that included the comics he holds in highest esteem — Brian Posehn, Maria Bamford — and a posse of local faves, like Brent Weinbach.

It isn’t so much hipsters’ self-made ironic aesthetic that bugs the crap out of Oswalt. "I just don’t like the fact that it’s so clearly a marketing demographic now," he said in his backstage dressing room, where he’d just polished off a glazed donut and Posehn was hiding out under his jacket. In other words, what was once authentic and original was gone as soon as a major retail chain started mass-producing knockoff Smurf T-shirts. Hate the game, not the playa, people.

The thing is, the participants in the "Comedians of Comedy" tour, which makes stops at all of the same clubs as many young, cool bands, have a bigger tour bus than those bands do. Don’t get me wrong: I’m not hating game or player. I’d rather someone on top have the postironic wherewithal to talk politics. And Oswalt, who lived in the Haight for a few years in the ’90s, has performed numerous times for the radical’s radicals at Oakland’s AK Press in the past two years and at a feminist bookstore in New York City. "Uh, so where are the cookbooks kept?" was his ice breaker. It got the ladies giggling.

Could someone who looks like Alex Kapranos get away with that? Going to these smaller scenes and getting people to laugh at themselves makes him edgier than does the George W. Bush bashing he has been doing on larger stages. According to Oswalt, it isn’t a big roll of the dice for a comedian to make fun of the unpopular commander in chief anyway. "There’s no point left in bashing him. Because who’s left to go, ‘Excuse me, he rocks’? People who supported Bush in 2000 are like Creed fans. They’re, like, ‘Look, I know, all right. I was drunk. I thought he was kinda good-looking. Fucking get off me, man. We all make mistakes.’<0x2009>"

Oswalt spent half his set at the Independent poking fun at his former citymates. Without an ounce of smugness, he asked one guy with a two-pronged beard if he used product to keep the facial protrusions separated. And did he do it to piss off his parents? If someone in Fall Out Boy tried to say that to this guy, he’d probably get his lights knocked out. But when it comes from the little guy with the razor-sharp wit, vivid imagination, and goofy grin, we just adore him all the more.

In Pixar’s Ratatouille, Oswalt provides the voice for Remy, an endearing animated rat who achieves the impossible by becoming a chef at one of Paris’s cordon bleu establishments. There’s no irony in the way the epicurean who recommends dining at the Mission’s Andalu, not Puerto Alegre, has begun peppering his material with jokes about the eccentricities of top chefs at five-star restaurants. His movie rocked the box office, and he’s probably making bigger bucks than the staffs at arbiter-of-cool magazines Vice and Paper combined.

So I kind of didn’t get it when he told me he would trade cute and cuddly for badass in a second. "Yeah, I don’t think badass loses its breath when it’s trying to tie its shoes," he said. Aw, well, excuse me while I try to hold back the tears … of laughter.

PATTON OSWALT

With Arj Barker, Tony Camin, and Doug Benson on various nights

Dec. 28–30, 8 and 10:15 p.m.; Dec. 31, 7 and 9:30 p.m.; $23.50–$50.50

Cobb’s Comedy Club

915 Columbus, SF

(415) 928-4320

www.cobbscomedyclub.com

Reining in the UC

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EDITORIAL The deal that’s slated to turn a former University of California campus into a private housing development in San Francisco is another demonstration of a long pattern of problems between the UC and local governments. Put simply, the university is a bad neighbor and a bad actor — and it’s time the State Legislature did something about it.

The history of local communities fighting the UC is legend in this state, dating back at least to the People’s Park battles in Berkeley in the 1960s, and today that city is fighting the school’s plan to build a new sports stadium. In San Francisco the UC has tried to run over local planning laws to build a garage at Hastings College of the Law, is angering neighbors with its expansion plans at Mission Bay — and is now in the spotlight at 55 Laguna Street, the site of an old UC Extension campus.

The university wants to let A.F. Evans Co. build 440 units of housing — much of it high-end, with an average rent of $4,000 per month — on the 5.8-acre site. Only 15 percent of the units would be available below market rate.

Sup. Ross Mirkarimi has been trying to increase the number of affordable units but has run into a giant obstacle: the UC is demanding $18 million for the land, and it won’t budge an inch. In fact, the university has told him it’s prepared to drop the whole deal and walk away (leaving the campus empty and crime-infested and angering its neighbors) if the city tries to get a penny of that lease money.

We recognize that, like every other state agency, the UC desperately needs cash — but we’re sick of university officials acting arrogant, refusing to deal in good faith, and threatening to use the power of a state agency to bypass local land-use laws. While San Francisco struggles to make the 55 Laguna project work, the State Legislature ought to find a way to force the UC to work with local governments — and remove its ability to circumvent local laws.

Year in Music: Bling

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› a&eletters@sfbg.com

There’s no getting around it: for me, 2007 was the year of the vibes, case closed. But before anyone gets the wrong idea and paints me as a hacky sack–thwacking trustafarian slathered in sandalwood oil and picking chunks of crusted hummus from my beard, let me qualify: those ain’t the kind of vibes I’m a-grooving on. Nah, we’re talking vibraphones here. You know, aluminum bars, mallets, the whole bit, just like Lionel Hampton, Milt Jackson, and Cal Tjader used to rock. And while we’re at it, let’s throw in xylophones, glockenspiels, and marimbas too. Basically, if you hit it with a couple of sticks and it chimes out a sunny-day "ping," "bling," "blong," or "pong" in response, you’ve got my undivided attention. I’m a hopeless sucker for percussion with pitch, and this year has heaped a veritable bounty of warm, mellow tones into my headphones.

Oh, the twinkles and sparkles of the ceaselessly charming, thrillingly cheeky Gruff Rhys. The title track of the Super Furry Animals vocalist’s sophomore release, Candylion (Team Love), rolls along like an ice cream van from a subversive children’s television show, thanks to its misleadingly bright, singsong xylophone patterns, trilling away while Rhys plays the part of the medicated host, informing the kiddies, "Dreams can come true. Nightmares can also." Delicious! Then there’s the Brunettes. The Kiwi duo lay down a mighty double assault of lush glock action on their Structure and Cosmetics (Sub Pop) with "Her Hairagami Set" and "Credit Card Mail Order." The former picks up the mallets to plunk down an OMD-inspired round of ’80s romanticism, while the latter evokes images of poodle skirts and beehives with a glock melody beamed down from Buddy Holly.

How about Midnight Movies, whose glorious, Mazzy Star–like "Ribbons" billows and whirls heavenward with its elegiac xylophone line? The Barbarella-isms of Dean and Britta’s Back Numbers (Zoë) just wouldn’t be the same without the orbit-seeking wooziness of those space-jazz vibraphones. And where would I be without Welsh xylophone abusers Los Campesinos!, whose breathless pummeling of the metal bars on "You! Me! Dancing!" approaches levels of rapture? Finally, I bow to my icon as I revel once more in the mesmerizing marimba rumbles of Siouxsie’s captivating solo debut, Mantaray (Universal). Honestly, what could possibly beat a rhythm that’s also hummable? Good vibes are flowing, indeed.

TOP 10 ALBUMS


<0x0007>The National, Boxer (Beggars Banquet)

<0x0007>Beirut, The Flying Club Cup (Ba Da Bing)

<0x0007>Spoon, Ga Ga Ga Ga Ga (Merge)

<0x0007>Blonde Redhead, 23 (4AD)

<0x0007>Bettye LaVette, The Scene of the Crime (Anti-)

<0x0007>Bat for Lashes, Fur and Gold (Echo/Caroline)

<0x0007>Grinderman, Grinderman (Anti-)

<0x0007>Celebration, The Modern Tribe (4AD)

<\!s><0x0007>Jens Lekman, Night Falls on Kortedala (Secretly Canadian)

<\!s><0x0007>Gruff Rhys, Candylion (Team Love)

Bakery driver still on the lam?

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CLICK HERE FOR MORE UPDATES FROM THE CHAUNCEY BAILEY PROJECT

Since a trio of shotgun blasts killed Oakland Post editor Chauncey Bailey on Aug. 2, police and prosecutors have charged only one man with the crime: 20-year-old Devaunghndre Broussard, a handyman at Your Black Muslim Bakery, who is expected to be arraigned this morning.

But Oakland police records raise questions whether a second man, a 21-year-old former San Francisco resident with an extensive and violent criminal history, may have played a role in the journalist’s slaying.
That man, Antoine Mackey, who lived with Broussard and worked at the bakery, remains free. It’s unclear whether police are actively seeking to question him about possible connections to the crime.
Reached on a cell phone with an Atlanta area code earlier this week, Mackey denied any involvement in Bailey’s death.

But a bakery associate, Rigoberto Magana, told detectives that on the morning of theslaying, Mackey drove away from the bakery in a white Dodge Caravan belonging to Magana, according to handwritten police interview notes.

The vehicle in question figures prominently in the crime: Broussard later told homicide detectives he’d used the van to get to and from the scene of Bailey’s killing near 14th and Alice streets in downtown Oakland, and witnesses reported seeing a white van in the vicinity.

One witness said the gunman got in on the passenger side of an older Dodge Caravan shortly before shooting; another saw the assailant flee the crime scene in a waiting white van, police incident reports state.

When homicide detectives questioned Magana, he told them Mackey drove the van away from the bakery’s San Pablo Avenue headquarters at between 5:30 and 6 a.m., returning it to the bakery between 7:30 and 7:35 a.m. with a damaged rearview mirror. Bailey was shot at 7:25 a.m., according to police reports.

Magana, who was living at the bakery, identified Antoine Mackey immediately when shown Mackey’s photograph as the person who drove away in his van and later returned it, the police notes state.

Bakery leader Yusuf Bey IV and Broussard gave police accounts of driving around the night before the killing with Mackey and also met him at the bakery immediately after the shooting and drove to the scene together, according to interview transcripts obtained by the Chauncey Bailey Project.

Broussard, who, like Mackey was raised in San Francisco, told police he shot Bailey three times because the journalist was working on stories about the bakery’s financial woes. He later recanted.

Days after Broussard’s Aug. 3 confession, Oakland police told the media their probe was ongoing and suggested Broussard likely had help. “We don’t believe he acted on his own,” Assistant Chief Howard Jordan said days after Bailey died.

Oakland Police Chief Wayne Tucker did not return telephone calls Wednesday and Thursday to answer questions about Mackey. In earlier interviews, Tucker and other officers refused to discuss him.
Officer Roland Holgren, a department spokesman, said Thursday he couldn’t answer any questions about the Bailey case.

Broussard’s defense attorney said he believes Mackey was involved in Bailey’s killing, and police may have detained him when they raided the bakery compound Aug. 3 but allowed him to go free.

Soon after, Mackey became a fugitive.

He failed to appear for a criminal hearing in San Francisco on Aug. 17, and a warrant was issued for his arrest.
He disappeared, attorney LaRue Grim said this week. “We are hoping he will be picked up sometime in the future.”
Grim said he believes Mackey was involved. “He drove the van. Broussard is very reluctant to point the finger at anyone but I think he will be willing to do so at trial. If he does, he can implicate Mackey and Yusef Bey and couple of others.”

Bey, who is jailed for unrelated offenses, has denied any involvement in the slaying.
In addition to the revelations about the van, a review of police investigative documents by the Chauncey Bailey Project shows:

* In a taped jailhouse telephone conversation with a man identified only as “unc,” the man asked Broussard “what they do with Mackey?” “Mackey got out,” Broussard replied, an apparent reference to police possibly detaining Mackey and releasing him.

* Broussard told police he smoked a cigar laced with cocaine “when we were driving over there” to the corner where Bailey was ambushed. According to the transcript of the recorded portion of the interview, the homicide detective interviewing him, Sgt. Derwin Longmire, didn’t ask Broussard who he meant by “we.”

* Under questioning by Longmire, Broussard said he, Mackey and Bey IV drove past Bailey’s apartment near Lake Merritt the night before the slaying.

* Bey IV told police Mackey and Broussard drove with him to the scene of Bailey’s shooting shortly after it happened, and then went to Lake Merritt, where Bey IV claimed Broussard confessed to him he was the gunman.

* In interviews with detectives, Bey IV identified Mackey as a member of his security team.
Contacted Tuesday night, Mackey said he had nothing to do with Bailey’s shooting.

“I don’t know anything about that. I’d never even consider talking about anything like that,” he said, adding he knew Broussard, whom he described as “the dude from the Muslim bakery.”

Oakland Tribune
staff writer Josh Richman and reporter Kenneth Kim of New America Media contributed to this report.