Criminal Justice

West Memphis blues

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arts@sfbg.com

FILM At this point, it’s hard to imagine a present-day murder trial more painstakingly documented than that of the so-called West Memphis Three. The subject of four documentaries, with a feature film in the works (starring Colin Firth and Reese Witherspoon, no less), and inspiring at least as many books, websites, and countless articles, the story of the three teenagers convicted of the brutal killings of three small boys has never quite dropped from public attention.

Still, despite its relatively high profile, almost two decades have passed since the crime, and the defendants’ quest to have their convictions overturned has taken literally half their lives — a journey they’re still traveling, despite a surprise 2011 deal cut with the state of Arkansas that allowed them to walk out of prison, free men but convicted felons. According to the newest documentary in the canon, West of Memphis, that’s just too long to wait for justice.

West of Memphis can be considered both a crash course for those who somehow missed the Bruce Sinofsky and Joe Berlinger-directed Paradise Lost trilogy of documentaries which preceded it, as well as a telling portrait of a deeply-flawed criminal justice system at work. It’s an evenly-paced montage of talking heads, archival trial footage, and interviews with investigators and legal experts, with additional focus on the personal life and relationship between death row inmate Damien Echols and his wife Lorri Davis, who met while he was incarcerated.

The doc traces the entire case, from the initial news reports of the disappearances of eight-year-olds Christopher Byers, Michael Moore, and Steve Branch, to the supporter-funded, post-conviction investigation and appeals process still unfolding today. Produced by Echols, Davis, and power-duo filmmakers Peter Jackson and Fran Walsh, West of Memphis centers specifically on Echols’ case, in distinct contrast to the Paradise Lost films.

“There were a lot of different reasons for that,” director Amy Berg explains. “[One was] because Damien was on death row, he was taking a different journey through the legal system [than fellow defendants Jason Baldwin and Jesse Misskelley Jr., who were sentenced to life imprisonment instead].”

Another reason: access. Echols and Davis were not only central to the narrative of the film, they were also instrumental in getting Berg acclimated to West Memphis. Their contacts became her contacts, and their story became her focal point.

Over the years, Echols’ defense team had gradually amassed testimony from a slew of high-powered experts — profilers, forensic pathologists, and DNA testers — all of which pointed away from the West Memphis Three, and in some cases suggested new suspects. But despite this seemingly compelling material, Echols’ appeal hit a wall in 2008, when then-Circuit Court judge David Burnett, who had presided over the original trials, denied a new hearing, citing “inconclusive evidence.” It was then that Jackson and Walsh, who had privately bankrolled much of the investigation leading to the DNA appeal, began to think about making a documentary.

“We’d been shut down by the court system,” Davis says. “We didn’t know what else to do to get this information about the case out to the public.” That’s when Berg, whose 2006 doc Deliver Us from Evil was nominated for an Academy Award, was approached by Jackson about the possibility of filming the continuing saga of the West Memphis Three. A former investigative journalist, Berg’s experience in the field led to some very interesting interview footage of subjects hitherto undocumented, including two young men — friends of a nephew to victim Branch’s stepfather — whose rather late-in-the-game affidavits may turn out to be the impetus for the state to reopen the investigation that the West Memphis Three have been hoping for.

“Amy just has this amazing ability to wait it out,” Davis says. “People would just open up to her.”

But where were these witnesses before West of Memphis? There’s been a reward offered on new information for years, and it seems like there’s been plenty of opportunity for folks to come forward before now.

“There’s such a culture of fear in Arkansas, and in the South in general,” Berg considers. “I really think everyone was concerned for their own well-being.”

It remains to be seen if breaking the long silence of a cluster of perjurers and procrastinators will translate into a reopening of the case; word is there’s some movement in that direction. But for now, at least, the public finally has a chance to hear the testimonies that the West Memphis Three have waited so long to present.

WEST OF MEMPHIS opens Fri/8 in San Francisco.

Alerts

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THURSDAY 31

Saluting Bradley Manning: Book event with Daniel Ellsberg

First Congregational Church of Berkeley, 2345 Channing, Berk. (510) 967-4495, tinyurl.com/salute-BM. 7:30-9:30pm, $12 advance, $15 door. Hosted by KPFA Radio, this book event features appearances by renowned whistleblower Daniel Ellsberg, his wife Patricia, and Kevin Gosztola, co-author of Truth and Consequences: The US vs. Bradley Manning. Learn the story of whistle-blower Bradley Manning, the Army private accused of leaking classified information to Wikileaks. Tickets may be purchased in advance at Pegasus Books, Marcus Books, Mrs. Dalloway’s, Moe’s Books, Walden Pond, DIESEL, A Bookstore, and Modern Times.

Spaghetti dinner for the 99 percent

Unitarian Universalist Center, 1187 Franklin, SF. (415) 595-7306, www.sf99percent.org. 6pm, $20 general, $10 students & seniors. A fundraiser for foreclosure fighters! Featuring political satirist Will Durst, plus speakers from Alliance of Californians for Community Empowerment, Occupy Bernal and Occupy Noe. 8pm screening of HEIST: Who Stole the American Dream? Followed by Q&A with co-producer Don Goldmacher. Benefits educational projects of Unitarian-Universalists for Peace-SF and the SF 99% Coalition.

FRIDAY 1

Protest: Don’t frack our public wildlands

Federal building, 450 Golden Gate, SF. (415) 436-9682, www.biologicaldiversity.org. Noon-1:30pm, free. Fracking is a dangerous drilling technique that could impact air quality and pollute waterways. The federal Bureau of Land Management (BLM) is auctioning of rights to drill and frack California wildlands. Join the Center for Biological Diversity in showing the BLM that Californians oppose this harmful practice.

SATURDAY 2

Panel discussion: rethinking juvenile justice

Congregation Sherith Israel, 2266 California, SF. (415) 346-1720 x24, edrucker@sherithisrael.org. 12:30pm, free. Reservations required. Join representatives from SF’s juvenile justice community for Kiddush, lunch, and a panel discussion on breaking the cycle of incarceration for young offenders. Participants include SF Superior Court Judge Jeffrey Ross; USF Professor Kimberly Richman;Center on Juvenile & Criminal Justice Executive Director Dan Macallair; Huckleberry Youth Programs Executive Director Bruce Fisher; Director of Juvenile Justice Programs at Huckleberry Denise Coleman; Director Huckleberry Community Assessment and Referral Center Gavin O’Neill; Former Youth Offender and Community Activist Felix Lucero.

Oakland Debtors’ Assembly

Eastside Arts Alliance, 2277 International, Oakl. (415) 568-6037, www.strike-debt-bay-area.tumblr.com. 2-4:30pm, free. Join this teach-in hosted by Strike Debt Bay Area and begin to rethink debt — not as an issue of individual shame, but as a political platform for collective resistance and action. Learn about debt resistance, share resources and skills, and join others in imagining and creating a world based on the common good, not Wall Street profits.

Life after the death penalty

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Tell me: Does any sane person really believe that the world would be a better and safer place if Rick Stevens had been executed by the state of California?

The guy was all fucked up on drugs when he shot three men. Horrible crime. He spent most of his adult life in prison. And now, at 72, he’s out on the streets — where the odds that he will ever hurt anyone again are infintessimally small.

Instead of spending millions and millions of dollars to kill him, the state gave him a life sentence, with the possibility of parole, which was finally granted. It’s hard to argue that justice wasn’t done.

This was the legacy of the Rose Bird Court, the most progressive Supreme Court in California history, from back when Jerry Brown was a young governor. Bird and her colleagues didn’t like the death penalty, and ultimately ruled that the state’s executiion process was unconstitutional. So people like Stevens got a second chance.

Not saying he should have gone free; nobody says that. But the state saved money, and saved a life, by failing to carry out the ultimate punishment. And I think we’re all better off for it.

Gascon, Adachi and conviction rates

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Public Defender Jeff Adachi just released his annual report, and it’s impressive: According to the statistic his office complied, of the 60 felony trials handled by deputy public defenders, 62 percent resulted in acquittals or hung juries. That means that the office of District Attorney George Gascon has a trial conviction rate of just 38 percent when the DA’s office is up against the PD’s office.

That’s a pretty abyssmal conviction rate — and the DA’s office has a different spin. According to DA spokesperson Stephanie Ong Stillman, the overall conviction rate on felonies in 2012 was 67.7 percent. But that includes plea bargains, which officially count as a conviction; she didn’t dispute Adachi’s contention that public defenders win far more than half of their actual trials.

There are a couple of ways to interpret this. Not all criminal trials are handled by public defenders; the better-off defendants hire private counsel. And there’s an old assumtion in the world of criminal justice that rich people get better legal defense because they can hire high-priced private counsel.

But if the DA’s figure are accurate, it’s entirely possible — although nobody has the figures — that the San Francisco PD’s office actually does better in criminal trials than private law firms. Tamara Aparton, spokeperson for Adachi, said she has no data on that, but “I wouldn’t be surprised.”

And there’s no way to dispute the fact that low conviction rates indicate the DA is sending weak cases to trial. If criminal defendants are getting off more than half the time, either the cops are making very bad busts (true all too often) or the DA is trying cases that should have been settled.

Wiener charges blogger with taking potty photo

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I don’t even know what to do with this except report it and tell you some background. Because it’s just strange, all around.

Short story: Sup. Scott Wiener’s pressing criminal charges against a blogger who tried to take a photo of him peeing in the City Hall men’s room.

Michael Petrelis, the mad-man blogger who once called me for several days straight in the middle of the night to scream “your wife has syphillis!” into the phone, was at City Hall Oct. 26 with gay Honduran activist Erick Martinez. At some point, he decided to go into the public restroom on the second floor — and noticed that Sup. Scott Wiener was in there, using the urinal.

Petrelis has been fighting with Wiener over a lot of issues, including the nudity ban and Wiener’s efforts to remove benches from the plaza at 18th and Castro, and on the issues, he’s been right. He has a history of demanding accountability from the LGBT power structure, sometimes in ways that are not exactly polite — but he’s still a valuable gadfly, and I’ve gotten over the insanity of the late-night calls (more on that below).

But in this case, Wiener was just trying to take a piss — and Petrelis lifted his phone and tried to take a picture. Wiener’s wiener, I guess. Supervisor taking a leak. I don’t know exactly what he was going after, but the phone didn’t work right and he couldn’t get the photo until Wiener had buttoned up his pants and moved over to the sink, where he was going to brush his teeth.

Instead, he saw Petrelis and picked up the brush and toothpaste and left — but not before the intrepid blogger snapped a pic, which wound up on the Petrelis Files blog. It’s not a terribly attractive or terribly scandalous photo; guy with a toothbrush. Whatever.
But Wiener was, well, pissed — and I don’t blame him. We were always taught that you can take journalistic photos without the subject’s permission in a place where people have no expectation of privacy; if there’s any place in the world where a reasonable person would expect privacy, the bathroom would seem to quality.

Wiener called the cops — or in this case, the Sheriff’s Office, since that’s who patrols City Hall.

Wiener’s been complaining (for no reason, really) about the way the deputy sheriffs have responded to the protests over his nudity ban (come on — the nudists really aren’t a threat to anyone). But he asked for an investigation, filed a statement, and got the department to take it seriously enough to bring the matter to the district attorney for possible prosecution.

And the DA has filed charges.

Petrelis surrendered and was booked Nov. 29 on suspicion of violating Penal Code Section 647 (j) 1, which is typically used to prosecute peeping Toms: “Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside.”

Bail was initially set at $25,000, which is astonishingly high for this level of crime, but Petrelis and his lawyer, Derek St. Pierre, got it reduced and Petrelis was cited and released on his own recognizance.

Wiener’s not talking; his office sent over a statement detailing the facts of the case and stating that Petrelis … has political disagreements with me, has a history of inappropriate and harassing behavior.” Both of those facts are undeniably true.

St. Pierre, though, thinks this is a huge waste of criminal justice resources. “I’m surprised that the D.A.’s Office decided to charge this case,” he told me. “I don’t see this as illegal conduct.”

In fact, he said, “the most concerning part of the case is that Wiener references that face that they have political disagreements. That suggests to me that political differences are driving the supervisor’s concerns.”

Maybe — or maybe he thinks his privacy really was invaded, and that Petrelis needs to be held accountable, too. As I said, I can’t blame him; Petrelis was acting like a total asshole. You can fight with Wiener, as I often do, and you can make speeches and denounce and interrupt meetings at City Hall and do all manner of impolite protests, but Jesus — the guy deserves the right to take a pee in peace.

That said, I have to wonder: Is this really worth turning into a criminal case? Did Wiener really have to take it that far? Petrelis, who loves attention, isn’t going to back down. “We will be fighting this case,” St. Pierre told me, starting with an arraignment hearing Dec. 5, at which I can pretty much guarantee the plea will be “not guilty.”

So we might have a full-blown trial here, and (as a fan of restorative justice) I’m not so sure that the criminal courts are the best way to resolve this. You’d think they could go to Community Boards. Wiener could agree to personally lower the rainbow flag to half-staff every now and then and Petrelis could agree to clean pigeon shit off some newsracks. Or something.

Because I don’t imagine that even Wiener wants to take the stand in a public trial and face cross-examination by Petrelis. The only winners at that spectacle would be the reporters.

PS: I don’t even remember exactly why Petrelis started the late-night calls to my home phone; it was around the same time he was calling lots of other people. I think he was mad that the Guardian ran (or didn’t run) some kind of ad around the doctor who was in charge of STD control at the Department of Public Health. I think there was some report about syphillis among gay men in SF that Petrelis didn’t like. I just remember that my son was two years old and sick and we were having a hell of time getting him to sleep and just when he would finally nod off the phone would ring and Petrelis would yell at me about syphillis. I’d hang up and he’d call back ten seconds later and yell again. I finally paid the phone company $2 a month to block his calls.

I was not among those who sought a restraining order or went to the police; that’s not my style. I was furious, but I knew it would pass, and eventually it did.

So will this, Scott.

Gascon skips valuable reform panel

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District Attorney George Gascon didn’t show up for the town hall meeting that Sen. Mark Leno held on criminal justice reform last night. Gascon was scheduled to appear on a panel with Sheriff Ross Mirkarimi, Chief Probation Officer Wendy Still, Public Defender Jeff Adachi, and Police Chief Greg Suhr (who also didn’t show, sending Commander John Murphy instead).

Gascon spokesperson Stephanie Ong Stillman minimized the decision to forego appearing on a panel with Mirkarimi, whom Gascon prosecuted for a domestic violence incident and continues to persecute with calls to resign or abdicate some of his official duties, telling us, “There was just a change in his schedule.”

But Gascon, who has only lived and worked in San Francisco for three years, might have benefitted from the discussion, which focused on how San Francisco has for decades pioneered a successful approach to criminal justice emphasizing rehabilitation and redemption rather than the punitive “zero tolerance” approach to crime pushed in Sacramento and other jurisdictions, which has been costly in human and fiscal terms.

“This team of individuals you see in front of you have had the most extraordinary results in leading San Francisco,” Leno said, focusing much of the discussion on how well-prepared San Francisco was for Realignment, the year-old state policy of transferring low-level offenders from the overcrowded state prison system to the local level.

David Onek, the UC Berkeley criminal justice professor who ran against Gascon for DA last year, was added to the panel after Gascon bailed out. He said, “San Francisco by all accounts is way ahead of the curve and can really provide leadership to the rest of the state for how to do Realignment right.”

The main reason for that, as most panelists acknowledged, was because of a variety of programs created by longtime Sheriff Michael Hennessey, who endorsed Mirkarimi to continue his legacy over two traditional law enforcement challengers. Mirkarimi noted that Hennessey didn’t have a law enforcement background when he became sheriff, and that the SFPD and other local agencies long resisted the progressive reforms that he instituted.

“The constellation of what we’re all addressing is unique to San Francisco,” Mirkarimi said, describing the city’s current multi-agency approach as “one that recognizes where redemption comes into the criminal justice system.”

Still, whose department oversees Mirkarimi’s three-year probation for his misdemeanor false imprisonment conviction, emphasized how much her department’s approach has changed in recent years, adopting “evidence-based” approach that respects  probationers, which she now calls “clients,” and addressing their needs.

“We created a plan for success instead of supervising for failure,” Still said. “We changed the culture.”

That cultural change came from the Sheriff’s Department, she said. “Sheriff Hennessey developed a litany of programs over the years, so we were well-positioned for [SB] 678,” the legislation that created Realignment. Despite all the recent talk about having “zero tolerance” for crimes like domestic violence, Hennessey’s controversial approach brought ex-offenders into key leadership positions and refused to dehumanize criminals or see them in black-and-white terms.

“In San Francisco, we kind of live in a bubble. You don’t know how crazy it is outside San Francisco,” Adachi said, noting how politicians in other jurisdictions have aggressively sought to block sentencing reforms and demonize criminals for political reasons.
“In San Francisco, we’ve been so fortunate that we’ve had progressive criminal justice policies,” Adachi said, recognizing that the last three DAs refused to bring the death penalty and Mirkarimi for six years ago creating the Reentry Council to address recidivism.

“It might seem like common sense, but it’s radical to other counties,” Mirkarimi said. “It makes me proud to be part of a criminal justice system that is looking forward.”
  

Paul Addis, playwright and Burning Man arsonist, dies

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UPDATED Paul Addis – the San Francisco playwright and performer best known for igniting Burning Man’s eponymous central symbol early in the 2007 event, a crime for which he served two years in a Nevada prison – died Saturday night after jumping in front of a BART train in Embarcadero station. He was 42.

His friend Amacker Bullwinkle told us she was shocked and saddened by the news, first reported by the SF Appeal and confirmed to us by the San Francisco Medical Examiner’s Office, which contacted Addis’ mother. Bullwinkle said she wasn’t sure if there was a suicide note, but given his prolific writings, “I can’t imagine he wouldn’t want to write something.”

After Addis was released from prison in 2010, he came to the Guardian for a three-hour interview to discuss how and why he torched the Man during a Monday night lunar eclipse, another pair of bizarre arrests that followed, and the San Francisco debut of latest one-man play, Dystopian Veneer, which he wrote in prison. That interview was the basis of two Guardian articles and an extended telling of his story in my book, The Tribes of Burning Man, which also draws from an earlier interview with Addis.

“It’s a brand new life and I’ve got all this potential and I want to make the most out of it,” Addis told me in a hopeful moment. But he was also clearly a troubled soul, deeply unhappy with what Burning Man and San Francisco had become and resentful of the role that Burning Man organizers played in supporting his prosecution.

But his frustrations seemed to stem from a desire shake up the city and Burning Man, an event that was personally transformative for him, “to bring back that level of unpredictable excitement, that verve, that ‘what’s going to happen next?’ feeling, because it had gotten orchestrated and scripted.”

Services for Addis are pending.

UPDATE 11/2: Sup. John Avalos adjourned this week’s Board of Supervisors meeting in the memory of Paul Addis and made the following comments about him:

·        Addis was a San Francisco performance artist and playwright who was best known from 2007’s Burning Man when he lit the Man on fire.
·        Addis wrote and performed several one-man plays, including Dystopian Veneerand Gonzo, A Brutal Chrysalis.
·        After years of struggling with mental health issues, Addis took his own life the past weekend. He was forty-two.
·        Addis’ controversial act was viewed by some as a dangerous act of arson and by others as a subversive protest of how Burning Man had strayed from its core principles.
·        Addis served two years in a Nevada prison for burning the Man.
·        On this day when we’re commemorating Mental Health Awareness month, I think it’s appropriate to recognize the loss of Paul Addis, and recognize how our mental health and criminal justice systems failed him, and how they fail so many others who struggle with mental health issues.

 

Feminist vigilante gangs to march on Oakland Friday

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Oakland’s last feminist vigilante gangs march was a demonstration promoting offensive feminism in response to rape, assault, and murder of “women, queers, gender rebels and allies.” It was also a birthday party.

“The first march basically came about because it was my 30th birthday,” said Lauren, one of the organizers of that march and a second feminist vigilante gangs march, which will take place in Oakland on Friday.

“I had been talking a big game about feminist vigilante gangs and calling attention to the need for people to form affinities for a long time. When I was asked what I wanted for my 30th birthday I said, I want a feminist vigilante gangs march, as a joke. But people were into it.”

Last time, a group, equipped with and radical queer and feminist literature, banners, and glitter, marched from the “fake neighborhood” of uptown Oakland to downtown Oakland, Lauren said, ending with a dance party in “Oscar Grant Plaza,” Occupy Oakland’s longtime home base outside City Hall.

Along the way, organizers “stopped at some places to talk about things have had happened there,” said Lauren. “For instance, the place where Brandy Martell was killed.”

Brandy Martell was transgender woman who was shot April 29. Her murder remains unsolved. Martell’s is a “a high-profile case of transgender bashing. She died, and so we know about. But these types of things happen everyday on the streets in Oakland,” said Lauren.

The next feminist vigilante gangs march begins Friday at 7pm from 19th and Telegraph. It will also stop at the spot where Martell was killed, as well as other spots where queer bashing, rape and assault have taken place.

Lauren says the march is a few things. It’s a call-out “encouraging women, queers, gender outlaws in the Bay Area to start thinking offensively about the abuse that we’re on the receiving end of.”

It’s also “a way for us to practice discipline in the streets. Because we live in a culture that’s so abusive towards women, queers, gender variant people, its really hard for us to form affinities.”

The group plans for a tightly organized march. A security team and a league of bike scouts to protect the march have already begun training, and before the march begins a generalized security training is planned. Anyone who arrived alone will be given the chance to hook up with a marching buddy. Street medics and “emotional medics” from the Occupy Oakland safer spaces working group– “people who have some training to interact with people who are experiencing PTSD or who are experiencing emotions that are making it difficult for them to participate”– will be on hand.

“We have a bloc that is set up for people with limited mobility, that’s wheelchair users, cane users, people using walkers,” Lauren said.

Community self-defense

Organizers of the march hope that its spirit and practice of community building and self-defense can extend to the everyday lives of participants.

One way is by connecting demonstrators “with the resources to begin things like self-defense training, especially in a feminist and collective environment,” Lauren said. Groups like the Offensive Feminist Project, the Suigetsukan Dojo, and Girl Army.

“Something that we should be creating in marginalized communities is community self-defense. That’s something that the Black Panthers worked on. It’s not a new concept, in Oakland we have a lot of history with that,” said Lauren.

Community self-defense, of course, is supposed to be unnecessary; crime prevention and retribution is supposed to be relegated to the police and the criminal justice system. But Lauren said that these institutions are not working.

“I don’t believe that the criminal justice system is just, or serving anyone. And I think that’s a perspective shared by the people who are organizing the march, and probably by most of the people who will attend it,” she said. “I say this as someone who’s watched the police interrogate a rape victim and– interrogate is the correct word. There’s no justice in the criminal justice system for victims of rape and assault. So we want to talk about extra-legal methods of dealing with these issues.”

Extra-legal means of dealing with violence, she says, is “what feminist vigilante gangs is all about.”

After the march, organizers plan to continue this conversation at “a series of plenaries and salons in the East Bay” where participants will discuss questions like “What does feminist vigilantism look like?” Lauren said.

“As these conversations continue we will be spending a lot of time focusing on issues like race, and things like the history in the United States of falsely accusing men of color of assaulting white women so that they can be imprisoned or abused or killed,” Lauren said.

The group also has an open call for entries for a feminist vigilante gangs zine, for those who want to continue the discussion on paper. “People have been writing about bashing back. The Bash Back book Queer Ultraviolence just came out this year,” she noted.

Still, many people have not been exposed to the ideas and practices behind the feminist vigilante gangs march. On Friday, a lot of people will be– the march will coincide with Art Murmur, and downtown Oakland’s streets will already be crowded. A contingent from GLITUR, aka the Grand Legion of Incendiary and Tenacious Unicorn Revolutionaries, is coming down from Seattle. This march might get big.

But never fear, Lauren assured: “We should have enough glitter bandanas for everyone who comes.”

Locking down reforms

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steve@sfbg.com

Realignment, California’s year-old program of diverting more inmates and parolees from state prison to county jails and probation offices, was borne of necessity: The state faced a severe budget crisis and had been ordered by the federal courts to reduce the population in its overcrowded prisons. But Realignment is proving to be a real opportunity to address inmates’ needs and reduce recidivism, particularly in San Francisco, where progressive notions of rehabilitation and redemption have deep roots.

“Realignment is the most significant criminal justice reform in decades,” says Assembly member Tom Ammiano, the San Francisco Democrat who chairs the Assembly Public Safety Committee and has helped oversee the process. “The motivation of many of us came from things that were thwarted, like sentencing and parole reform, in Sacramento for many years.”

San Francisco was uniquely positioned to thrive under the new system and to be a model for other counties that seek to improve on the 70 percent recidivism rate among state prison inmates, and the myriad problems and costs that spawns. Former Sheriff Michael Hennessey brought a variety of innovative educational and support services into the jail during his 32-year reign that ended last year (see “The unlikely sheriff,” 12/20/11).

“It’s more than an opportunity. It’s in line with the Michael Hennessey doctrine of enhancing public safety while elevating the idea of redemption, and I subscribe to that,” said suspended Sheriff Ross Mirkarimi, who successfully ran as Hennessey’s endorsed heir before Mayor Ed Lee ousted him over domestic violence allegations. “Michael Hennessey made famous the rehabilitation programs inside the jail and outside the jail.”

San Francisco was also in a good position as both a manageably sized city and county, and one that had room for the influx of inmates. It was ordered by the courts in the 1980s to reduce its crowded jail population – the peak jail population of 2,300 is now down to about 1,550 – and gained even more capacity last year when the SFPD’s crime lab scandal resulted in hundreds of drug cases being thrown out by the courts.

“It’s something that makes sense for San Francisco,” Acting Sheriff Vicky Hennessy told us. “We’re doing better than most other counties because we had the bed space and we had community programs. Michael Hennessey is a visionary…and he got these community programs out there.”

Undersheriff Ellen Brin, who oversees the jail, said the main difference among inmates that San Francisco is dealing with under Realignment – a total of 2,258 in the jail over the last year, staying an average of 60 days each, and another 306 convicts under post-release supervision – is that they’re in local custody longer than before.

“It’s sort of the same population we’ve always dealt with, but maybe we’re dealing with them on a longer term,” she said.

That creates some challenges – Brin said there are more inmates who are a little more hardened and “more sophisticated” – but it also gives local programs more of a chance to help the inmates. That was one of the arguments for Assembly Bill 109, the main legislation that created Realignment, along with five other related bills.

“That was the whole plan about AB 109 is the counties do it better,” Brin said. “For us, we’ve been doing these programs for so long, with reentry and other community programs, so it’s easy for us to manage this population because they’re here longer.”

Realignment has also prompted more collaboration among the affected local agencies – particularly the Sheriff’s Department, Adult Probation Services, and the District Attorney’s Office – and their counterparts on the state level.

“We haven’t had an overarching initiative that we’ve all been required to sit around a table and work on. This has kind of brought us together, and we’ve discovered other areas where we need to work together as well,” Hennessy said.

That has sparked new programs. For example, San Francisco just started to bring those about to be paroled from state prison into the local jail before their release in order to integrate them into the San Francisco rehabilitation system. “We’re creating a reentry cycle for them so they aren’t just getting off the bus and landing here and going directly to Probation for an interview,” Hennessy said. “Now, we’re going to try to bring them here 60 days early and provide them with wrap-around services, so that we can get them established, get them housing, give them the best opportunity we can for a successful reentry.”

With counties now responsible for the people local judges send to jail, there’s more interest in reforming sentencing laws and exploring more progressive and community-based alternatives to incarceration, which is the focus of the new San Francisco Sentencing Commission that held its first meeting last month.

“District Attorney [George] Gascon is very supportive of Realignment, DA’s Office spokesperson Stephanie Ong Stillman told us. “He has said it could have the greatest impact on justice reform in decades. San Francisco is on its way to being a model for the state.”

But the flip-side of San Francisco’s advantages has been a growing backlash against Realignment in conservative counties with disproportionately high incarceration rates and a lack of capacity in their jails – which is often a byproduct of combining tough-on-crimes policies with anti-tax attitudes, something Ammiano is now dealing with in Sacramento.

“There is a lot of push-back from the Republican Party and alarmism over Realignment,” Ammiano said, noting that he’s just waiting to be hit with anecdotal stories about a transferred inmate committing some horrific crime, even though Realignment only involves low-level convicts who committed non-violent and non-sexual crimes.

Ammiano will work with a newly constituted Board of State and Community Corrections that will distribute funds to counties that need to beef up each their jail capacities or their treatment programs. That mix hasn’t been set yet, but Ammiano said he won’t support counties that simply seek more state resources to maintain high incarceration rates.

“In one way, it’s perturbing and the other way, it’s exciting,” Ammiano said. “For me, the more the county has programs, the more sympathetic I’ll be.”

Yet in this era of chronically underfunded government entities, even San Francisco is strained. Hennessy and Brin say Realignment has brought more inmates with serious mental health issues into the jails for longer periods of time — and that has stretched their resources.

“That’s where we lack, even before AB 109, and I’d like to get more people in there who are experts in the mental health field,” Brin said.

Hennessy agreed, but added, “The mental health program we have is extremely good, it’s just overtaxed because we’re seeing many more people, and this is across the state.” Mental health isn’t the only issue. “The other thing that is a concern is housing for people,” Hennessy said, explaining that the city needs both supervised housing and regular low-income housing for former inmates returning to the community. Maintaining the Sheriff’s Department progressive legacy in the face of new challenges is one reason why Mirkarimi sees danger in Lee’s decision to overturn that election and consolidate more power in the Mayor’s Office. “It’s important that the independence of the Sheriff’s Department be preserved,” Mirkarimi said. “Programs can easily be changed by successive mayoral administration if there isn’t that check on power.” But for now, Brin said San Francisco’s various law enforcement officials have been working well to realize the potential of Realignment: “The collaboration between the criminal justice partners has just been really, really great. Everybody is working together to try to accomplish the same thing.”

Guardian Voices: A place for rage

23

Just a few weeks ago, my partner came home from work in South San Francisco to tell me some horrifying news. A cop had killed a boy she knew, a Black eighth grader named Derrick Gaines. We looked at each other in the way we do when there is too much to say, our eyes wet, our hearts racing, our rage too big for words. We held our son extra tight that night.

Ayoka went to the funeral last Thursday, and was finally able to shed a few of what felt like a mountain of tears inside of her. She supported family and friends who were overwhelmed with grief, and listened to people’s efforts to make sense of this madness. But for anyone who can see the humanity of this young Black man, there is no way for his murder to make any damn sense at all.

I don’t know and I don’t care if Derrick was what the news calls “a good kid” or a “troubled kid,” a “gangbanger” or a straight-A student. What I do know, what matters to my heavy heart, and what is at the source of my rage, is that Derrick was a human being, that he was a kid, that a cop killed him needlessly and that he will most likely get away with it. There will be no apologies, no accountability, no recognition that the cop had many other options than to shoot and kill. And the absence of all this will be another silent attack on our psyche, an unstated affirmation of Black inferiority, of the lesser value of Black lives.

Derrick’s tragic murder has captured less attention than that of Trayvon Martin, but they both have weighed especially heavily on my heart. Both young, Black and male, they were supposedly “looking suspicious” in a non-Black neighborhood. Both Derrick and Trayvon were teenagers minding their business. Neither was in the midst of committing a crime – which would not in any case justify their murder but does draw attention to the degree to which their Blackness itself was apparently the crime being committed.

Both Derrick and Trayvon are dead, no one is safer, and Derrick’s four-year-old brother is left to struggle with the reality that his big brother will never be coming home again. I’ve been to more than my fair share of police accountability protests. But today, on this 4th of July, something is rising up in me that is new. It has to do with the place for rage.

Anybody Black in America has a strategy, conscious or not, for dealing with rage. Some of us are lucky and stumble upon socially productive paths – we serve, we organize for change, we become leaders in our church. Others are less lucky and make choices that lead to violence and self-destruction. Some of us stay permanently in a place of rage, and become one kind of crazy or another.

I confess to having been, for all these years, a fairly reasonable sister, reticent to fully voice my heartbreak, pain and rage about the state of my people. But I’m reconsidering this path.

The moment clearly calls for a new way. We may have a Black president, but these are dark times. It’s Trayvon and Derrick. It’s the Supreme Court’s racist ruling on SB1070, allowing the blatant racial profiling of the “papers please” provision to move forward. All the talk about government agents stopping black and brown people in the street takes me back to slave times, when we needed papers to leave the plantation, when white men were paid to hunt for fugitive slaves, and why my great great great grandfather took his family to Canada after the passage of the Fugitive Slave Act of 1850. It was time to protect his family and leave the madness of the United States of America.

The Black Community faces Depression-level unemployment, a resurgence racist Right and a level of state violence in our everyday lives that is largely invisible to most non-Black people. We have the greatest number of Black people incarcerated of any time in American history; there are more Black men under the control of the criminal justice system today than there were in slavery in 1850. In supposedly progressive San Francisco, Mayor Lee is openly considering New York’s notoriously racist “stop and frisk” policing policy. And even without such a draconian measure, the data already tell us that the majority of Black boys in San Francisco have been stopped, harassed, or arrested by the local cops by the time they become adults.

In the face of what can only be considered extreme conditions, extreme violence and extreme disenfranchisement amongst my people, I confess that I have failed to take the extraordinary measures that are plainly necessary.

See, the thing is, I had good home training and was socialized to be a nice Black girl. I can code-switch and communicate with nearly anyone with a passion that generally gains respect. Even when in the midst of political battle I don’t scream and holler, and have allowed any number of white people to do and say racist things and get away unharmed. Like so many of us, I try to be a Black person with dignity, without losing my shit. As Michael Jackson would say, I’m a lover not a fighter. This strategy has helped me gain social status, an elite education, and some middle class comforts of American life.

So what to do with this rage? What’s the path beyond reasonableness that does not lead to self-destruction? On this 4th of July, I’m remembering our freedom fighters Frederick Douglass and Harriet Tubman, and asking them for wisdom. In my own way and in these times, I want to walk with faith and fearlessness as they did, and not be afraid to put my body on the line for freedom. What sacrifices will we all need to make? What creature comforts or career plans will we need to put aside? What will it take to build a movement that lifts up the value of Black life and our place in a better, more just society?

In Michelle Alexander’s stunning book The New Jim Crow, she makes a clear case that since we won the formal battle against Jim Crow in the 1960s, “We have not ended racial caste in America; we have merely redesigned it.” This contemporary, supposedly colorblind, system of mass incarceration and social control of Black people makes our work more complicated, our moral outrage less understandable and our courage ever more necessary.

Let’s build a movement for racial justice, honor our rage, and find a way to be the Frederick Douglass’ and Harriet Tubmans of the 21st century that these times require.

To support Derrick Gaines’ family, donations can be made at any Wells Fargo to the ‘Derrick Gaines Memorial Fund’ account #: 1636477653.

You can check out Michelle Alexander’s work on the New Jim Crow here. And stay tuned for community organizing against attempts to bring “Stop and Frisk” to SF.

Under oath

19

steve@sfbg.com

Mayor Ed Lee and suspended Sheriff Ross Mirkarimi each took some lumps on June 29 as they were cross-examined by opposing attorneys in front the Ethics Commission, which is conducting the official misconduct case that Lee brought against Mirkarimi over a Dec. 31 domestic violence incident. But the hearings proved unexpectedly dramatic when the room was suddenly cleared for an undisclosed security threat — following testimony by Lee that a city commissioner alleges included perjury.

The incident raises a number of issues that officials hadn’t yet answered by Guardian press time. Was the security threat real? If so, why wasn’t the room or the rest of City Hall properly secured after the mayor was whisked away? If not, who ordered the room cleared and why?

Undersheriff Paul Miyamoto, who ran against Mirkarimi last year, told the Guardian that the San Francisco Police Department notified his office that a caller claimed to have planted bombs outside of City Hall and on the Golden Gate Bridge. Deputies conducted a search and found nothing, and his office didn’t order the recess of the hearing. “We did not evacuate anyone,” he told us.

Speculation about the incident was heightened during the break when Debra Walker, a Mirkarimi supporter and longtime member of the city’s Building Inspection Commission, told the Guardian that Lee committed perjury when he denied speaking with any members of the Board of Supervisors before filing official misconduct charges. Lee was responding to a direct and pointed question from Mirkarimi attorney Shepherd Kopp — one that that Lee’s attorneys had unsuccessfully objected to.

Specifically, Walker said that her longtime friend and political ally Sup. Christina Olague — who Lee appointed to serve the last year of Mirkarimi’s term for the District 5 seat — had told her repeatedly that Lee had asked her advice before filing the charges against Mirkarimi, and that Olague’s advice was that Lee should ask for Mirkarimi’s resignation but drop the matter if he refused.

That allegation, which was first reported on the Guardian’s Politics blog shortly after the commission went into recess (Olague had not yet returned a call from the Guardian asking whether she had spoken to Lee about Mirkarimi), prompted reporters to confront Olague in the hallway outside her supervisorial office, where she tersely denied the allegation and then took refuge behind closed doors.

When the reporters lingered and persisted, waiting for a more complete answer, Olague finally emerged, reiterated her denial, refused to speculate about why her friend Walker would make that claim, and said, “We’re not allowed to discuss this matter with anyone before it comes to the board…I may have to recuse myself from voting on this.”

It was unclear why she thought recusal might be necessary, but if she does disqualify herself from voting on Mirkarimi’s removal later this summer after Ethics completes its investigation and makes its recommendations to the board, that would hurt Lee’s effort to get the nine votes needed to remove Mirkarimi.

When the Ethics Commission hearing resumed after a couple hours, Lee was again placed in a position of denying specific factual allegations that others have made, again raising the possibility that he committed perjury in his sworn testimony, which could expose him to felony criminal charges while undercutting his moral authority to remove Mirkarimi over the single misdemeanor count of false imprisonment that he pleaded guilty to in March.

The second instance was when Kopp asked Lee, “Did you ever extend any offer through third parties that you would find him another job if he resigned?”

“I don’t recall offering Sheriff Mirkarimi any job,” Lee replied.

Kopp specifically asked whether that job offer had been extended on Lee’s behalf by permit expediter Walter Wong or by San Francisco Democratic Party Chair Aaron Peskin, to which Lee replied, “Absolutely not.”

Mirkarimi supporters have told the Guardian that Peskin had made that offer, which Mirkarimi refused, shortly before the party chair publicly called for Mirkarimi’s resignation. The outgoing message on Peskin’s cell phone said he was unavailable and wouldn’t be checking his messages until July 5. Mirkarimi’s attorneys said they’re still figuring out how to respond to the developments and had no comment, but Walker said she’s willing to testify under oath.

But the dramas underscore the treacherous grounds opened up by these unprecedented proceedings, the first involving the Ethics Commission and the broadened definition of official misconduct placed into the City Charter in 1996. As baseball great Barry Bonds and former President Bill Clinton learned, being forced to testify under oath about sensitive topics can be a tough trap to negotiate.

 

MIRKARIMI TESTIMONY

Deputy City Attorney Peter Keith also seemed to be trying to spring that perjury trap on Mirkarimi as he took the stand on the morning of June 29 following an hour on the stand at the previous night’s hearing. Keith reminded Mirkarimi that he was advised not to discuss his testimony with anyone and asked, “Who have you spoken to since last night?”

“My attorneys,” Mirkarimi answered.

“What did you say to them?” Keith asked, drawing objections about attorney-client privilege that Commission Chair Benedict Hur sustained.

“Did you stop for coffee?” Keith then asked, seemingly concerned that Mirkarimi may have discussed his testimony with someone at the coffee shop that morning, which Mirkarimi denied. Keith let the allegation go but maintained an accusatory, hectoring tone throughout the next three hours that he had Mirkarimi on the stand, two more hours than he had told the commission he would need.

Much of the time was spent trying to establish support for the allegation that Mirkarimi had dissuaded witnesses and sought to thwart the police investigation, which was triggered by a call from Ivory Madison, a neighbor to whom Mirkarimi’s wife, Eliana Lopez, had confided. But the testimony yielded little more than the city’s unsupported inference that Mirkarimi must have directed Lopez and his campaign manager, Linnette Peralta Haynes, to contact Madison after she had called the police and urged her to stop cooperating with them.

Mirkarimi has maintained that he did nothing to dissuade Madison or anyone from talking to police, and that he wasn’t aware of the investigation or that Madison had made a videotape of Lopez showing a bruise on her arm until hours after the police were involved. He even sent a text to Lopez saying there was nothing he could do, as he noted.

“It was after 4pm on January 4 when I first learned of any of this,” Mirkarimi testified, later adding, “I was very clear to her in saying you can’t unring the bell, we have to follow through with this.”

Yet Lee and the deputy city attorneys who are representing him also maintain that they needn’t prove witness dissuasion or other allegations they have made, and that the Dec. 31 incident and Mirkarimi’s guilty plea to a single misdemeanor count of false imprisonment are enough to constitute official misconduct and warrant his removal, an interpretation that Mirkarimi’s attorneys dispute.

Keith sought to hammer home how Mirkarimi should have admitted to and publicly atoned for his crime right away rather than telling reporters it was a “private family matters” (which Mirkarimi admitted was a mistake) or fighting the charges by trying to discredit Madison publicly, an allegation he denies.

After unsuccessfully trying to get Mirkarimi to admit to directing efforts to question Madison’s credibility in local media accounts, Keith asked, “Did you ever direct anyone not to attack Ivory Madison?”

“I never directed anyone to attack or not attack,” Mirkarimi replied.

Keith also clarified that Mirkarimi denies the allegation Madison made that the physical abuse on Dec. 31 went beyond grabbing Lopez’s arm once in the car, as the couple has maintained. “It’s your testimony there was no punching, pulling, or grabbing in the house?” Keith asked, which Mirkarimi confirmed.

Yet Keith said that given the totality of what happened, Mirkarimi should have known he couldn’t continue on as sheriff. “Under those circumstances, wouldn’t resigning be the honorable thing to do?” Keith said, to which Mirkarimi replied that it’s a hard question and that he’s doing what he thinks is right.

Faced with friendlier questions from his own attorney, David Waggoner, Mirkarimi apologized for his actions, saying “I feel horrible and ashamed,” but that he was “sad and scared” to have his family torn apart against their will. He also said that he believes he can still be effective as sheriff because “what makes San Francisco special is our forward-thinking approach to criminal justice.”

Longtime Sheriff Michael Hennessey — who endorsed Mirkarimi and continues to support him — established a variety of programs emphasizing redemption and rehabilitation, hiring former convicts into top jobs in the department to emphasize a belief in restorative justice that Mirkarimi ran a campaign promising to continue.

“Never in my wildest dreams did I think I would be an example of what this redemption process looks like,” Mirkarimi said, choking back tears.

But Keith had the last word before Mirkarimi left the stand, belittling the idea that Mirkarimi offers an example to follow by noting how much probation time and court-ordered counseling he still has to undergo and asking, “The process of redemption doesn’t happen overnight, right?”

 

LEE ON THE STAND

Under questioning by Kopp, Mayor Lee admitted that he doesn’t have a written policy on what constitutes official misconduct, that his decisions are made on “a case by case basis,” and that he’s not sure whether conviction of a crime would always constitute official misconduct “because I’ve never confronted this before.”

“Were you aware that many members of the Sheriff Department have criminal convictions?” Kopp asked. Lee said he was not aware. Asked whether he was aware that Sheriff Hennessey had hired a convicted murderer into a top command staff position (see “The unlikely sheriff,” 12/21/11), Lee said he wasn’t.

Lee’s insistence that Mirkarimi’s crime makes him unable to deal effectively with other officials was also attacked by Kopp, who asked, “Isn’t it true that people get elected who have disagreements with other city officials?” He pointed out that City Attorney Dennis Herrera had nasty conflicts with Lee when they ran against each other for mayor last year, but that they’re working well together now.

Kopp also drilled into Lee about his decision to bring official misconduct charges before conducting an investigation or speaking with any witnesses besides Madison — an answer Lee blurted out just as city attorneys objected to the question. Much of Madison’s written testimony has been rejected by the commission as prejudicial hearsay evidence (see “Mayor vs. Mirkarimi,” July 27).

But the public’s perception of this case, if not it’s outcome, could turn on whether Lee is holding Mirkarimi to standards that he himself — as someone appointed mayor on a later-broken promise not to run for a full term — couldn’t meet. It was what Kopp seemed to be driving at before the bomb scare.

“You have asserted in your written charges that Sheriff Mirkarimi’s conduct fell below the standard of decency, good faith, and right action that is impliedly required of all public officials, correct?” Kopp asked.

“Yes,” Lee replied.

“We expect certain things of our elected officials, right?” Kopp asked.

After a long pause, in which Lee appeared to be thinking through his answer, he replied, “That’s generally true, yes.”

“And when the charter speaks of official misconduct, it doesn’t say we expect a certain standard for the sheriff, a different standard for the mayor, a different standard for the DA, a separate standard for the assessor, it just speaks in general terms about official misconduct for public officials, right?” Kopp asked.

Kaiser objected to the question on three counts, sustained on the grounds that it calls for a legal conclusion.

“Do you yourself believe there’s a separate standard for sheriff than for other elected officials?” Kopp asked, and this time the city’s objection was overruled and Lee replied, “It should be the same standard.”

“And would you agree with me that one of the things that is expected of elected officials is for them to be honest and forthright when dealing not only with their constituents, but with other elected officials?” Kopp asked, his final question before Chair Benedict Hur announced that the hearing would be suspended and the room would need to be cleared.

After the hearing reconvened, Kopp drew parallels to other city officials who remained on job after scandals, including former Mayor Gavin Newsom (who had an affair with a subordinate who was married to his campaign manager), former Sheriff Dick Hongisto (who was jailed for refusing to carry out a court’s eviction order), and current Fire Chief Joanne Hayes White (whose husband reported that she hit him in the head with a pint glass).

Asked about the latter case, Lee responded, “I don’t know all the circumstances around that and I don’t believe I was mayor at the time.”

 

Alerts

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Wednesday 20

Pack the court for Kali
, Hayward Hall of Justice, 24405 Amador #108, Hayward; www.occupyoakland.org. 8-11am, free. Of all the outrageous and unjust arrests that have gone down at Occupy Oakland, Kali’s may be the worst. Kali was turning his life around at the Occupy Oakland camp when he was arrested in December for his “unpermitted” blanket. He was denied medication for a mental health issue for days in jail before getting in a conflict with a guard- which got him charged with assaulting a police officer. It was his third strike, and he may face life in prison. From organizers: “Wear red in support of Kali’s favorite color! Since he was an active member of the Kitchen Committee, there will be Coffee not Cops as well as a potluck afterwards.”

“Notes from a revolution
,” Booksmith, 1644 Haight, SF; www.booksmith.com. 6:30pm, free. In the Haight’s heyday, the Diggers were a cultural and political force to be reckoned with. The “community anarchist” collective served food in the Panhandle, ran free medical clinics, and generally cared for the large amount of people who flocked to the neighborhood in the 60s. They set up free stores and crash pads, and were known for absurd theater that makes you think. Now their broadsides have become a new book, Notes from a Revolution. Some of those involved in this recent San Francisco history will speak at the Booksmith for the books release, and there might even be some Diggers-style people-feeding afoot.

Thursday 21


Emiliano Donis
benefit concert, Brava Theater, 2781 24th St., SF; www.brava.org. 7:30pm, $15-20. Emiliano Donis had only been 18 for a few weeks when he was arrested for dating his underage partner. According to his mother, Denhi Donis, they had been together at ages 15 and 17 before his birthday last fall. He was arrested in November, and has been locked up since. His moher organized this benefit concert, featuring a pretty great lineup of local bands, to help raise money for his legal fees.

Friday 22


The Black Power Mixtape
room 304, Redstone building, 2940 16th St., SF; www.norcalsocialism.org. 7pm, $5-10 suggested donation. The Black Power Mixtape, 1967-1975, contains rare and powerful footage. There are scenes of Angela Davis being interviewed in prison, Stokely Carmicheal with his mother, and too many unnamed leaders spreading the revolution. The footage, shot by Swedish filmmakers who lacked a certain tendency to demonize those in the black liberation movement, is unique in its honesty. This screening is a fundraiser for local folks to get to the Socialism 2012 conference in Chicago next week.

Sunday 24

Queer prisoner letter-writing Station 40, 3030B 16th St., SF; www.tinyurl.com/station40. 4-6pm, free. It’s the monthly prisoner letter-writing campaign- the “post-pride (or hide from pride)” edition. From hate crime victims who fight back to sex workers to people who just don’t “look right,” LGBTQ people make up a disproportionate number of people in the criminal justice system. Come write letters to show them they’re not forgotten.

Monday 25

“The sky did not fall” Commonwealth Club, 595 Market, SF; www.commonwealthclub.org. 5:30pm, $7-20.  Don’t Ask, Don’t Tell was finally repealed last July. That hasn’t stopped people to argue for its reinstatement for reasons like“they’re in close quarters, they live with people, they obviously shower with people” (Rick Santorum in October.) Get the real story at this Commonwealth Club event, where soldiers will speak on the historic repeal’s effect on their lives. At least for these soldiers, the changes weren’t shower-related, but instead related to not fearing dishonorable discharge and hiding who they love while risking their lives in the military.

Ethics Commission undercuts the main witness against Mirkarimi

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The testimony of the star witness in Mayor Ed Lee’s official misconduct case against suspended Sheriff Ross Mirkarimi came in for harsh criticism by the Ethics Commission last night, with that body striking most of it as prejudicial and unsupported hearsay evidence that should have never been introduced, something that even the city’s attorneys admitted and apologized for.

It was a serious blow to the city’s case that also undercuts the written testimony of the city’s domestic violence expert, attorney Nancy Lemon, who based much of her analysis and judgments on this discredited and disallowed testimony of Ivory Madison, the neighbor and confidante of Mirkarimi’s wife who reported the Dec. 31 domestic violence incident to police.

Meanwhile, Lee was confronted by a large pack of reporters following his monthly appearance before the Board of Supervisors earlier the day, which peppered him with pointed questions about his decision to bring what is evolving into an expensive, complicated, and nasty prosecution of Mirkarimi rather than simply allowing him to be recalled by voters. The exchange made news when Lee characterized Mirkarimi’s arm-grabbing incident as “the beating of his wife.”

Mirkarimi and his attorneys labeled that comment and much of the city’s case as simply a smear campaign that goes well beyond the narrow question of whether Mirkarimi committed official misconduct and should be removed from office, which the commission is still in the process of setting up procedures to answer.

Yesterday’s hearing dealt mostly with deciding whether to exclude or allow the written testimony of nearly two dozen witnesses. The only testimony that was stricken entirely was that of Paul Henderson, Lee’s criminal justice adviser, who testified that Mirkarimi’s guilty plea to misdemeanor false imprisonment for the grabbing incident would hurt his ability to function as the sheriff. The commission found the testimony to be irrelevant and prejudicial, clearly upsetting Deputy City Attorney Sherri Kaiser.

But the big news from last week’s hearing was the dim view that the commission took of Madison’s 22-page declaration, which painted Mirkarimi as domineering and oppressive, a bleak picture that she attributed to his wife, Eliana Lopez, as conveyed during repeated conversations between October and December as the couple was having marital problems. Madison is the main source supporting the city’s most serious allegations: that Mirkarimi abused his wife and then tried to thwart a police investigation

Commissioner Paul Renne – a career litigator appointed to the commission by the District Attorney’s Office – took the lead role in criticizing Madison’s testimony and the city for allowing it, ruing the fact that it was used by the Examiner and other media outlets to paint a defamatory “portrait of verbal abuse and child neglect inside Mirkarimi’s fear-ridden household,” as the Examiner put it on the cover of yesterday’s paper.

“I saw that and I thought maybe this idea of [taking initial testimony through written] declarations is not protective of the interests of everyone,” Renne said.

“I was disappointed by the content of Ivory Madison’s declaration. A first-year lawyer should know that much of it is inadmissible and it should not have been given to us,” Renne told Deputy City Attorney Peter Keith, calling it “clearly hearsay, clearly having the intention of poisoning the well of this hearing.”

Keith didn’t even try to defend most of the declaration, responding to Renne by saying, “We have an independent witness that is represented by [her own legal] counsel and we didn’t have control over everything that was submitted…I think the criticism is well-taken and we didn’t mean to put matters before the commission that are not relevant.”

“But you were the one who submitted the declaration,” Renne responded, telling Keith that the city must avoiding engaging in character assassination that goes beyond the scope of the commission’s inquiry, which will result in a formal recommendation going to the Board of Supervisors near the end of summer.

“My recommendation is we reject the declaration and you bring her in for live testimony,” Renne recommended. The rest of the commission seemed to agree with Renne’s criticism, but it opted to go through the declaration line-by-line, removing most of it from the proceedings. Madison is also expected to testify live and be subjected to a tough cross-examination by Mirkarimi’s attorneys, who say she has blown the incident out-of-proportion and broke the confidence of Lopez, who denies that Mirkarimi was ever abusive.

In arguing unsuccessfully for much of Madison’s written testimony to remain in the record, Keith told the commission that it was the basis for Lemon’s assessment of patterns of behavior by batterers, thus undercutting that testimony as well.

“If they’re untrue, they’re meaningless, right?” Renne asked Keith, referring to the sensational tales Madison told about Mirkarimi’s controlling behavior.

But Keith said that even if the stories Lopez told Madison were untrue or highly embellished – as Lopez’s attorney, Paula Canny, has implied as she characterized her client as building a child custody case in the event the couple divorced – they are still relevant to understanding why Madison reported Mirkarimi to the police.

“Whether or not these actions happened, it’s relevant to her concerns,” Keith said.

But Mirkarimi attorney Shepherd Kopp said that, like much of the city’s case, hearsay testimony based on flawed and prejudicial information should be irrelevant to these proceedings and shouldn’t be allowed as evidence against Mirkarimi.

“Their expert, Ms. Lemon, can believe what she wants, but that doesn’t mean it should come in as evidence,” Kopp said.

The hearing was continued to next week when Mirkarimi, Lee, and other key witnesses are expected to begin giving live testimony before the commission on June 28 and 29. Click here to read the various documents associated with the case.

Alerts

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yael@sfbg.com

THURSDAY 14

Solitary confinement at Pelican Bay, Audre Lourde Room, Women’s Building, 3548 18th St., SF; www.womensbuilding.org. 6:30pm, free. This panel discussion on the use of solitary confinement in the criminal justice system comes soon after a class action lawsuit challenging solitary confinement in California prisons. The Center for Constitutional Rights filed the lawsuit, Ruiz v. Brown, May 31 on behalf of prisoners at Pelican Bay State Prison. The plaintiffs have spent between 10 and 28 years in solitary confinement, generally spending at least 22 hours per day alone in windowless cells, and often denied letters, visits, any sunlight, or time spent outdoors. Many of the plaintiffs also participated in last year’s hunger strikes against inhumane conditions in prison, including solitary confinement. This lawsuit may be the crucial next step in their fight.

FRIDAY 15

India to Ireland, Sports Basement, 1590 Bryant, SF; www.indiatoireland.org. A brother and sister who rode bicylces12,000 km from India to Ireland are back with photos and stories. See what they saw and hear the tales at this fundraiser for Room to Read. The international nonprofit works “to promote literacy and gender equality in education by establishing libraries, constructing classrooms, publishing local-language children’s books, training educators and supporting girls’ education.”

SATURDAY 16

Art, culture and resistance, Redstone building, 2940 16th St., SF; www.norcalsocialism.org. 6pm, $5-10 suggested donation. What’s the music of today’s social justice movement? If it’s anyone, it’s The Coup, and frontman Boots Riley. Riley has written and performed powerful and revolutionary music for decades, from hip hop edutainment concerts that promoted efforts like the Women’s Economic Project Agenda and Copwatch to traveling guerilla hip hop concerts in protest of Prop 21 in 2000. Recently, he’s been organizing with Occupy Oakland. In July, he’ll be teaching a workshop at the Socialism 2012 conference in Chicago; the next month his book, Lyrics in Context, will be released. On Saturday he’ll discuss a tradition he helps to keep alive in Oakland: how art and resistance work together. Refreshments and mingling to follow.

Juneteenth festival, parade starts at African American Arts & Culture Complex, 762 Fulton St., SF; www.sfjuneteenth.org. Parade at 11am, festival runs through June 17. Start summer off right with the biggest Juneteenth festival on the West Coast. Juneteenth commemorates the announcement of the abolition of slavery and celebrates African American heritage, and this year will mark the 62nd annual Juneteenth in the Fillmore District. The two-day festival kicks off with a parade, followed by a family-friendly weekend complete with a classic car and motorcycle show, basketball games, fashion show, petting zoo, pony rides, live entertainment, community info booths and health fair, and more.

SUNDAY 17

African American veterans and the Civil Rights Movement, Niebyl-Proctor Marxist Library, 6501 Telegraph, Oakl; www.marxistlibr.org. 10:30am-12:30pm, free. Despite growing up in a United States that still had Jim Crow laws, African Americans fought in wars throughout the 20th century. When many of them returned and joined in civil rights and black liberation movements, however, they risked their lives once again. Perhaps best known is Medgar Evers, civil rights leader and World War II soldier who was assassinated by a Ku Klux Klan member in 1963. This event will explore the many veterans who joined civil rights struggles, their reasons for doing so, and how, in many cases, experiences in military service prompted involvement in the struggle back home. It will also feature a screening of the documentary Negroes With Guns, which follows the life of Army and Marine Corps veteran Robert F. Williams, who later took up arms against violent racist groups like the KKK as part of his work with the Black Armed Guard.

GUEST OPINION: The politics of retribution

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By Debra Walker and Krissy Keefer

We have been shocked and saddened by the perpetual attack on Ross Mikarimi and his family.

To Ross’s credit, he took responsibility in the criminal case he faced, and accepted a plea bargain to a non-domestic-violence misdemeanor that the district attorney concluded served the interests of justice.

He and his wife, Eliana Lopez, had resolved their dispute before the betrayed disclosure to the police and the media by the trained but unlicensed attorney that began the criminal case. The plea bargain was vetted and all legal ethicists consulted concluded that the plea bargain could not be the basis of any action against Ross for the now infamous term “official misconduct.” Ross was ordered into counseling.

Since the criminal case ended we have watched the mayor, domestic-violence advocates, and the majority of the print media, collectively pass judgment without connection to reality, with devastating consequences to Ross Mirkarimi, his family and the people of San Francisco.

Mayor Ed Lee suspended Ross without a hearing and without pay. In other words, the mayor acted against Ross without due process. City Attorney Dennis Herrera has merely repeated all of the unsubstantiated allegations from a newspaper opinion piece in the form of a pleading — and actually submitted this as fact, further embarrassing our city.

Barring further intervention by the courts, the Board of Supervisors and the Ethics Commission will now be forced to publicly weigh in on the concluded criminal case that occurred before Ross was in office.

Was the punishment laid out by the courts not enough? Are we going to all sit back and watch as San Francisco engages in a public political assassination of a progressive elected official? At what point does it stop? 

Clearly it hasn’t stopped with Ross. Now the mayor and the city attorney have begun the attack on his campaign manager and well-known City Hall aide Linette Peralta-Hayes. Who is next? It could be any of us, of you.

As close friends of Ross and Eliana, we can attest to the fact that this family has paid dearly for their now very public fight and we all should hope for a healing. It does not bring justice to any women’s issues to have such a public display of retribution and revenge. Blowing this out of proportion like this has been only sets the stage for the continued backlash against women’s real issues.

If there were not a complete attack on women’s rights at this time in our country, this might be easier to stomach. Not one thing about this has advanced the rights of women or the understanding of domestic violence. Instead, the criminal justice system has been manipulated to further a political agenda of removing an elected official from office.

We all make mistakes in life. There have been several recent occasions involving officials actually in office where their behavior was questioned.  One issues involved sexual contact with a subordinate, another involved domestic violence and others involved substance abuse. In not one of these instances has the person been removed office.

To remove Ross from office is political and nothing else.

People are purportedly so outraged on behalf of abused women everywhere. But where is the outrage about the coordinated attack on choice in our country or about the documented inhumanities perpetrated against women throughout the world, even today?  Or equal pay, or adequate healthcare? What about the families losing their homes to greedy banks? Nothing of substance gets done on these issues. Instead, attention is focused away from the important issues to the personal shortcomings of the politicians seeking to address those issues.

From the impeachment efforts against Clinton to the allegations against the Wikileaks activist, there are over-amped attacks aimed to politically destroy the target in the press.  “Due process” and “innocent until proven guilty” are essentially thrown out the pressroom window. 
In the name of domestic violence, the mayor and the city attorney have removed an elected official from office. Domestic violence advocates are being used to further an agenda that is hypocritical and ultimately will undermine and dis-empower us all.

Ross Mikirimi was the only progressive elected in the last election. Ross has always been an ideological feminist. The established power brokers in City Hall did not want Ross to be sheriff. They do not want someone who advocates for diversity. They do not want someone who supports the rights of the people to implement the Compassionate Use Act and maintain cannabis dispensaries. They do not want a sheriff who will stand up to the federal government.  They do not want a sheriff who will stand with the 99 percent.

San Francisco is a great city not because of intolerance but because of tolerance. The strength of the city came about because of respect for diversity and encouragement of diversity. Ross stands for those principles.

Ross made a mistake in his personal relationship. Eliana Lopez, his wife, has clearly forgiven him. Each of us should do the same. To do otherwise is to disrespect Lopez.

Are we going to trust City Hall to be the arbitrators of conduct?  And are we really going to sit by and watch as they systematically throw untrue, unfounded, unsubstantiated accusations at whomever they want? Really?

To use this incident as the basis for this coup is without precedent. City Hall’s actions are without basis in fact and without foundation in law.

We believe that the mayor, among others, is doing what he wants to under the guise of women’s rights. We do not want to be used in that way.

There is something very wrong with what is happening — and sadly if this public political assassination can happen to Ross and his family, it can and will happen to anyone of us. Ask Linette Peralta Hayes.
 
Krissy Keefer is artist director, Dance Mission Theater. Debra Walker, an artist, is political development chair of the California Democratic Party Women’s Caucus.

Guardian endorsements for June 5 election

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>>OUR ONE-PAGE “CLEAN SLATE” PRINTOUT GUIDE IS HERE. 

As usual, California is irrelevant to the presidential primaries, except as a cash machine. The Republican Party has long since chosen its nominee; the Democratic outcome was never in doubt. So the state holds a June 5 primary that, on a national level, matters to nobody.

It’s no surprise that pundits expect turnout will be abysmally low. Except in the few Congressional districts where a high-profile primary is underway, there’s almost no news media coverage of the election.

But that doesn’t mean there aren’t some important races and issues (including the future of San Francisco’s Democratic Party) — and the lower the turnout, the more likely the outcome will lean conservative. The ballot isn’t long; it only takes a few minutes to vote. Don’t stay home June 5.

Our recommendations follow.

PRESIDENT

BARACK OBAMA

Sigh. Remember the hope? Remember the joy? Remember the dancing in the streets of the Mission as a happy city realized that the era of George Bush and The Gang was over? Remember the end of the war, and health-care reform, and fair economic policies?

Yeah, we remember, too. And we remember coming back to our senses when we realized that the first people at the table for the health-policy talks were the insurance industry lobbyists. And when more and more drones killed more and more civilian in Afghanistan, and the wars didn’t end and the country got deeper and deeper into debt.

Oh, and when Obama bailed out Wall Street — and refused to spend enough money to help the rest of us. And when his U.S. attorney decided to crack down on medical marijuana.

We could go on.

There’s no question: The first term of President Barack Obama has been a deep disappointment. And while we wish that his new pledge to tax the millionaires represented a change in outlook, the reality is that it’s most likely an election-year response to the popularity of the Occupy movement.

Last fall, when a few of the most progressive Democrats began talking about the need to challenge Obama in a primary, we had the same quick emotional reaction as many San Franciscans: Time to hold the guy accountable. Some prominent left types have vowed not to give money to the Obama campaign.

But let’s get back to reality. The last time a liberal group challenged an incumbent in a Democratic presidential primary, Senator Ted Kennedy wounded President Jimmy Carter enough to ensure the election of Ronald Reagan — and the begin of the horrible decline in the economy of the United States. We’re mad at Obama, too — but we’re realists enough to know that there is a difference between moderate and terrible, and that’s the choice we’re facing today.

The Republican Party is now entirely the party of the far right, so out of touch with reality that even Reagan would be shunned as too liberal. Mitt Romney, once the relatively centrist governor of Massachusetts, has been driven by Newt Gingrich and Rick Santorum so deeply into crazyland that he’s never coming back. We appreciate Ron Paul’s attacks on military spending and the war on drugs, but he also opposes Medicare and Social Security and says that people who don’t have private health insurance should be allowed to die for lack of medical care.

No, this one’s easy. Obama has no opposition in the Democratic Primary, but for all our concerns about his policies, we have to start supporting his re-election now.

U.S. SENATE

DIANNE FEINSTEIN

The Republicans in Washington didn’t even bother to field a serious candidate against the immensely well-funded Feinstein, who is seeking a fourth term. She’s a moderate Democrat, at best, was weak-to-terrible on the war, is hawkish on Pentagon spending (particularly Star Wars and the B-1 bomber), has supported more North Coast logging, and attempts to meddle in local politics with ridiculous ideas like promoting unknown Michael Breyer for District Five supervisor. She supported the Obama health-care bill but isn’t a fan of single-payer, referring to supporters of Medicare for all as “the far left.”

But she’s strong on choice and is embarrassing the GOP with her push for reauthorization of an expanded Violence Against Women Act. She’ll win handily against two token Republicans.

U.S. CONGRESS, DISTRICT 2

NORMAN SOLOMON

The Second District is a sprawling region stretching from the Oregon border to the Golden Gate Bridge, from the coast in as far as Trinity County. It’s home to the Marin suburbs, Sonoma and Mendocino wine country, the rough and rural Del Norte and the emerald triangle. There’s little doubt that a Democrat will represent the overwhelmingly liberal area that was for almost three decades the province of Lynn Woolsey, one of the most progressive members in Congress. The top two contenders are Norman Solomon, an author, columnist and media advocate, and Jared Huffman, a moderate member of the state Assembly from Marin.

Solomon’s not just a decent candidate — he represents a new approach to politics. He’s an antiwar crusader, journalist, and outsider who has never held elective office — but knows more about the (often corrupt) workings of Washington and the policy issues facing the nation than many Beltway experts. He’s talking about taxing Wall Street to create jobs on Main Street, about downsizing the Pentagon and promoting universal health care. He’s a worthy successor to Woolsey, and he deserves the support of every independent and progressive voter in the district.

U.S. CONGRESS, DISTRICT 12

NANCY PELOSI

Nancy Pelosi long ago stopped representing San Francisco (see: same-sex marriage) and began representing the national Democratic party and her colleagues in the House. She will never live down the privatization of the Presidio or her early support for the Iraq war, but she’s become a decent ally for Obama and if the Democrats retake the House, she’ll be setting the agenda for his second term. If the GOP stays in control, this may well be her last term.

Green Party member Barry Hermanson is challenging her, and in the old system, he’d be on the November ballot as the Green candidate. With open primaries (which are a bad idea for a lot of reasons) Hermanson needs support to finish second and keep Pelosi on her toes as we head into the fall.

U.S. CONGRESS, DISTRICT 12

BARBARA LEE

This Berkeley and Oakland district is among the most left-leaning in the country, and its representative, Barbara Lee, is well suited to the job. Unlike Pelosi, Lee speaks for the voters of her district; she was the lone voice against the Middle East wars in the early days, and remains a staunch critic of these costly, bloody, open-ended foreign military entanglements. We’re happy to endorse her for another term.

U.S. CONGRESS, DISTRICT 13

JACKIE SPEIER

Speier’s more of a Peninsula moderate than a San Francisco progressive, but she’s been strong on consumer privacy and veterans issues and has taken the lead on tightening federal rules on gas pipelines after Pacific Gas and Electric Company killed eight of her constituents. She has no credible opposition.

STATE SENATE, DISTRICT 11

MARK LENO

Mark Leno started his political career as a moderate member of the Board of Supervisors from 1998 to 2002. His high-profile legislative races — against Harry Britt for the Assembly in 2002 and against Carole Migden for the Senate in 2008 — were some of the most bitterly contested in recent history. And we often disagree with his election time endorsements, which tend toward more downtown-friendly candidates.

But Leno has won us over, time and again, with his bold progressive leadership in Sacramento and with his trailblazing approach to public policy. He is an inspiring leader who has consistently made us proud during his time in the Legislature. Leno was an early leader on the same-sex marriage issue, twice getting the Legislature to legalize same-sex unions (vetoed both times by former Gov. Arnold Schwarzenegger). He has consistently supported a single-payer health care system and laid important groundwork that could eventually break the grip that insurance companies have on our health care system. And he has been a staunch defender of the medical marijuana patients and has repeatedly pushed to overturn the ban on industrial hemp production, work that could lead to an important new industry and further relaxation of this country wasteful war on drugs. We’re happy to endorse him for another term.

STATE ASSEMBLY, DISTRICT 17

TOM AMMIANO

Ammiano is a legendary San Francisco politician with solid progressive values, unmatched courage and integrity, and a history of diligently and diplomatically working through tough issues to create ground-breaking legislation. We not only offer him our most enthusiastic endorsement — we wish that we could clone him and run him for a variety of public offices. Since his early days as an ally of Harvey Milk on gay rights issues to his creation of San Francisco’s universal health care system as a supervisor to his latest efforts to defend the rights of medical marijuana users, prison inmates, and undocumented immigrants, Ammiano has been a tireless advocate for those who lack political and economic power. As chair of Assembly Public Safety Committee, Ammiano has blocked many of the most reactionary tough-on-crime measures that have pushed our prison system to the breaking point, creating a more enlightened approach to criminal justice issues. We’re happy to have Ammiano expressing San Francisco’s values in the Capitol.

STATE ASSEMBLY, DISTRICT 19

PHIL TING

Once it became abundantly clear that Assessor-Recorder Phil Ting wasn’t going to get elected mayor, he started to set his eyes on the state Assembly. It’s an unusual choice in some ways — Ting makes a nice salary in a job that he’s doing well and that’s essentially his for life. Why would he want to make half as much money up in Sacramento in a job that he’ll be forced by term limits to leave after six years?

Ting’s answer: he’s ready for something new. We fear that a vacancy in his office would allow Mayor Ed Lee to appoint someone with less interest in tax equity (prior to Ting, the city suffered mightily under a string of political appointees in the Assessor’s Office), but we’re pleased to endorse him for the District 19 slot.

Ting has gone beyond the traditional bureaucratic, make-no-waves approach of some of his predecessors. He’s aggressively sought to collect property taxes from big institutions that are trying to escape paying (the Catholic Church, for example) and has taken a lead role in fighting foreclosures. He commissioned, on his own initiative, a report showing that a large percentage of the foreclosures in San Francisco involved some degree of fraud or improper paperwork, and while the district attorney is so far sitting on his hands, other city officials are moving to address the issue.

His big issue is tax reform, and he’s been one the very few assessors in the state to talk openly about the need to replace Prop. 13 with a split-role system that prevents the owners of commercial property from paying an ever-declining share of the tax burden. He wants to change the way the Legislature interprets Prop. 13 to close some of the egregious loopholes. It’s one of the most important issues facing the state, and Ting will arrive in Sacramento already an expert.

Ting’s only (mildly) serious opponent is Michael Breyer, son of Supreme Court Justice Breyer and a newcomer to local politics. Breyer’s only visible support is from the Building Owners and Managers Association, which dislikes Ting’s position on Prop. 13. Vote for Ting.

DEMOCRATIC COUNTY CENTRAL COMMITTEE

You can say a lot of things about Aaron Peskin, the former supervisor and retiring chair of the city’s Democratic Party, but the guy was an organizer. Four years ago, he put together a slate of candidates that wrenched control of the local party from the folks who call themselves “moderates” but who, on critical economic issues, are really better defined as conservative. Since then, the County Central Committee, which sets policy for the local party, has given its powerful endorsement mostly to progressive candidates and has taken progressive stands on almost all the ballot issues.

But the conservatives are fighting back — and with Peskin not seeking another term and a strong slate put together by the mayor’s allies seeking revenge, it’s entirely possible that the left will lose the party this year.

But there’s hope — in part because, as his parting gift, Peskin helped change state law to make the committee better reflect the Democratic voting population of the city. This year, 14 candidates will be elected from the East side of town, and 10 from the West.

We’ve chosen to endorse a full slate in each Assembly district. Although there are some candidates on the slate who aren’t as reliable as we might like, 24 will be elected, and we’re picking the 24 best.

DISTRICT 17 (EAST SIDE)

John Avalos

David Campos

David Chiu

Petra DeJesus

Matt Dorsey

Chris Gembinsky

Gabriel Robert Haaland

Leslie Katz

Rafael Mandelman

Carole Migden

Justin Morgan

Leah Pimentel

Alix Rosenthal

Jamie Rafaela Wolfe

 

DISTRICT 19 (WEST SIDE)

Mike Alonso

Wendy Aragon

Kevin Bard

Chuck Chan

Kelly Dwyer

Peter Lauterborn

Hene Kelly

Eric Mar

Trevor McNeil

Arlo Hale Smith

State ballot measures

PROPOSITION 28

YES

LEGISLATIVE TERM LIMITS

Let us begin with a stipulation: We have always opposed legislative term limits, at every level of government. Term limits shift power to the executive branch, and, more insidiously, the lobbyists, who know the issues and the processes better than inexperienced legislators. The current system of term limits is a joke — a member of the state Assembly can serve only six years, which is barely enough time to learn the job, much less to handle the immense complexity of the state budget. Short-termers are more likely to seek quick fixes than structural reform. It’s one reason the state Legislatures is such a mess.

Prop. 28 won’t solve the problem entirely, but it’s a reasonable step. The measure would allow a legislator to serve a total of 12 years in office — in either the Assembly, the Senate, or a combination. So an Assembly member could serve six terms, a state Senator three terms. No more serving a stint in one house and then jumping to the other, since the term limits are cumulative, which is imperfect: A lot of members of the Assembly have gone on to notable Senate careers, and that shouldn’t be cut off.

Still, 12 years in the Assembly is enough time to become a professional at the job — and that’s a good thing. We don’t seek part-time brain surgeons and inexperienced airline pilots. Running California is complicated, and there’s nothing wrong with having people around who aren’t constantly learning on the job. Besides, these legislators still have to face elections; the voters can impose their own term limits, at any time.

Most of the good-government groups are supporting Prop. 28. Vote yes.

PROPOSITION 29

YES

CIGARETTE TAX FOR CANCER RESEARCH

Seriously: Can you walk into the ballot box and oppose higher taxes on cigarettes to fund cancer research? Of course not. All of the leading medical groups, cancer-research groups, cancer-treatment groups and smoking-cessation groups in the state support Prop. 29, which was written by the American Cancer Society and the American Heart Association.

We support it, too.

Yes, it’s a regressive tax — most smokers are in the lower-income brackets. Yes, it’s going to create a huge state fund making grants for research, and it will be hard to administer without some issues. But the barrage of ads opposing this are entirely funded by tobacco companies, which are worried about losing customers, particularly kids. A buck a pack may not dissuade adults who really want to smoke, but it’s enough to price a few more teens out of the market — and that’s only good news.

Don’t believe the big-tobacco hype. Vote yes on 29.

San Francisco ballot measures

PROPOSITION A

YES

GARBAGE CONTRACT

A tough one: Recology’s monopoly control over all aspects of San Francisco’s waste disposal system should have been put out to competitive bid a long time ago. That’s the only way for the city to ensure customers are getting the best possible rates and that the company is paying a fair franchise fee to the city. But the solution before us, Proposition A, is badly flawed public policy.

The measure would amend the 1932 ordinance that gave Recology’s predecessor companies — which were bought up and consolidated into a single behemoth corporation — indefinite control over the city’s $220 million waste stream. Residential rates are set by a Rate Board controlled mostly by the mayor, commercial rates are unregulated, and the company doesn’t even have a contract with the city.

Last year, when Recology won the city’s landfill contract — which was put out to bid as the current contract with Waste Management Inc. and its Altamont landfill was expiring — Recology completed its local monopoly. At the time, Budget Analyst Harvey Rose, Sup. David Campos, and other officials and activists called for updating the ordinance and putting the various contracts out to competitive bid.

That effort was stalled and nearly scuttled, at least in part because of the teams of lobbyists Recology hired to put pressure on City Hall, leading activists Tony Kelley and retired Judge Quentin Kopp to write this measure. They deserve credit for taking on the issue when nobody else would and for forcing everyone in the city to wake up and take notice of a scandalous 70-year-old deal.

We freely admit that the measure has some significant flaws that could hurt the city’s trash collection and recycling efforts. It would split waste collection up into five contracts, an inefficient approach that could put more garbage trucks on the roads. No single company could control all five contracts. Each of those contracts would be for just five years, which makes the complicated bidding process far too frequent, costing city resources and hindering the companies’ ability to make long-term infrastructure investments.

It would require Recology to sell its transfer station, potentially moving the waste-sorting facility to Port property along the Bay. Putting the transfer station in public hands makes sense; moving it to the waterfront might not.

On the scale of corrupt monopolies, Recology isn’t Pacific Gas and Electric Co. It’s a worker-owned company and has been willing to work in partnership with the city to create one of the best recycling and waste diversion programs in the country. For better or worse, Recology controls a well-developed waste management infrastructure that this city relies on, functioning almost like a city department.

Still, it’s unacceptable to have a single outfit, however laudatory, control such a massive part of the city’s infrastructure without a competitive bid, a franchise fee, or so much as a contract. In theory, the company could simply stop collecting trash in some parts of the city, and San Francisco could do nothing about it.

As a matter of public policy, Prop. A could have been better written and certainly could, and should, have been discussed with a much-wider group, including labor. As a matter of real politics, it’s a messy proposal that at least raises the critical question: Should Recology have a no-bid, no contract monopoly? The answer to that is no.

Prop. A will almost certainly go down to defeat; Kopp and Kelly are all alone, have no real campaign or committee and just about everyone else in town opposes it. Our endorsement is a matter of principle, a signal that this longtime garbage deal has to end. If Recology will work with the city to come up with a contract and a bid process, then Prop. A will have done its job. If not, something better will be on the ballot in the future.

For now, vote yes on A.

PROPOSITION B

YES

COIT TOWER POLICY

In theory, city department heads ought to be given fair leeway to allocate resources and run their operations. In practice, San Francisco’s Department of Recreation and Parks has been on a privatization spree, looking for ways to sell or rent public open space and facilities as a way to balance an admittedly tight budget. Prop. B seeks to slow that down a bit, by establishing as city policy the premise that Coit Tower shouldn’t be used as a cash cow to host private parties.

The tower is one of the city’s most important landmarks and a link to its radical history — murals painted during the Depression, under the Works Progress Administration, depict local labor struggles. They’re in a bit of disrepair –but that hasn’t stopped Rec-Park from trying to bring in money by renting out the place for high-end events. In fact, the tower has been closed down to the public in the past year to allow wealthy patrons to host private parties. And the city has more of that in mind.

If the mayor and his department heads were acting in good faith to preserve the city’s public spaces — by raising taxes on big business and wealthy individuals to pay for the commons, instead of raising fees on the rest of us to use what our tax dollars have already paid for — this sort of ballot measure wouldn’t be necessary.

As it is, Prop. B is a policy statement, not an ordinance or Charter amendment. It’s written fairly broadly and won’t prevent the occasional private party at Coit Tower or prevent Rec-Park from managing its budget. Vote yes.

 

GUEST OPINION: The Mirkarimi case — is this justice?

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I appreciate that everyone is doing his or her best to dialogue on the very complicated, nuanced and difficult issue of domestic violence in a context where the press and politicians are doing their best to use the issue for their own agenda and making it a very polarizing issue in the media.

I know that many of us confront this issue at work, and  most encounter it in our own personal lives, so it is a very emotionally charged issue.  My heart goes out to Eliana Lopez, their son Theo, and yes, Ross.  As a practicing Buddhist, I find that people are often unwilling to forgive others, like Ross, because they are unwilling to forgive themselves for their own challenging impulses. 

We live in an emotionally and physically violent world, and demonizing Ross only externalizes the story, externalizes our own pain, denies our own impulses.  Anyone who thinks that he or she is perfect or above this seriously needs a mirror.  Bringing mindfulness to that is all that we can do and hope that we can have compassion for ourselves.  Truly, our inability to have compassion for him only exposes our inability to have compassion for ourselves.

Myrna Melgar, a survivor of domestic violence, wrote a very thoughtful piece for the SF Bay Guardian on restorative justice as an alternative to the criminal justice response to domestic violence, and if you get a chance, take a moment to read it.
http://www.sfbg.com/bruce/2012/03/27/guardian-op-ed-domestic-violence-latina-feminist-perspective

For me, the main question she poses is:   “How did it come to be that a system that was intended to empower women has evolved into a system that disempowers them so completely?”  In short, when Ross grabbed her arm, it became a media/political frenzy that destroyed Eliana’s life.  Myrna posits that the increased criminalization on low-level, first offenses of domestic violence on this one immigrant woman, Eliana Lopez, meant that a long list of mostly men spent the next few months making decisions on her behalf without her input as she was treated as incompetent to make decisions.

Eliana never had a chance ever to find justice, to regain her power,  and Ross never really had the opportunity to take 100 percent responsibility for his actions, which is the goal of restorative justice.  For Ross to take 100 percent responsibility means not defending, not explaining, not evading.  Simply taking responsibility.  I haven’t seen Ross do this — but to be fair, he never had a chance.

I am a survivor of domestic violence as a child, and it has been painful to me to observe people using a family’s pain for their own political agendas and missing this opportunity to do things differently, There could have been a path where the powers that be could have acted with integrity towards this family, our city, and to all the survivors of domestic violence.  Instead, the whole situation was manipulated from beginning to end.

Honestly, no “side” has been perfect.  Those that are loyal to Ross seem unwilling to hear anything beyond how people are out to “get” him, and those that are against him, well, most of the resources against Ross are from a “side” that has all the social capital, resources, media,  and political power at their disposal which leaves me frustrated with those who are supposedly holding him accountable. 

It’s a disservice to survivors of domestic violence to be used a political pawns, and it’s a disservice to survivors of domestic violence for the media and governmental powers to be misused like this. 

As it relates to Ross being sheriff, it’s clear that the system for accountability has also broken down and no one trusts what is happening in the courts. And as one observer has written, “Are we considering the public punishment that has already been heaped on both Ross and Eliana? Was Mirkarimi’s act so vile that we don’t allow him a chance to attend domestic violence treatment and redeem himself before ruining his life?  I’m not defending domestic violence in any way, shape or form, but I do believe this situation has been badly politicized.”

It’s unfortunate.  It leaves me with little hope that justice will be served. I have long been a proponent of restorative justice, and now more than ever in my life, I see the power of taking full responsibility for my actions, for our actions.  I’m so sorry the road to healing and restoration was not taken in this case.

Shanti.

Gabriel Haaland is a survivor of domestic violence, and a queer, transfeminist man who sits on the San Francisco Democratic County Central Committee.

The problem with Laura’s Law

9

OPINION Mental health conditions and mental illness are issues that bring passionate people to the table from all sides of the spectrum. Individuals who have lived with the experience of mental-health conditions, clinicians, family members, researchers, and advocates all have a lot to say.

But as a March 11 San Francisco Chronicle piece, “Laura’s Law likely to save lives,” suggests, people can be fueled by pain and emotion, rather than logic and information. It’s in such a hot zone that AB 1421 emerged, after the tragic death of a young woman at the hands of a violent man who also happened to be dealing with mental health conditions.

The so-called Laura’s Law passed the state Legislature in 2002, and counties have a choice whether to implement it locally. If enacted in San Francisco, AB 1421 would mandate outpatient treatment for some people with mental illness — and those out of compliance would get a 72-hour hold under lock and key at the hospital, and would be at risk of being thrown into the revolving door of the criminal justice system.

The public support for AB 1421 and similar involuntary measures outlines the pervasive misunderstanding that comes when emotion rules the fray over common sense and dignity. And more dangerously, it promotes the long-debunked myth that mental illness is related to violence. In fact, individuals with mental illness are one percent less likely to commit violence than other individuals.

Often, the very people whose voices are left out of the decision making process in legislation such as AB 1421, are the ones who are directly affected personally by mental illness and mental-health conditions. That’s due in large part to the lasting impact of stigma, which deprives people of dignity, individual choice, and the empowerment to seek their own goals and paths in life.

What we know is this: voluntary treatment that is accessible in community settings and centered on individual strength is by far the best option for recovery from mental health conditions and the path for a rewarding, enriched life.

San Francisco typically leads the state in the number of involuntary commitments for people in acute psychiatric crisis. That’s proven to be not only a colossal waste of resources but also the wrong approach. Many of those who are involuntarily detained are accessing the mental health system for the first time—in restraints. This leads to further mistrust and trauma for those dealing with mental health challenges.

When it comes to embracing laws such as AB 1421, California voters know better. After the passage of that measure, California voters passed the landmark Mental Health Services Act in 2004. It is the principles of MHSA—voluntary, community-driven treatment, and full inclusion of individuals with mental health conditions as decision-makers—that should guide our efforts in recovery from mental health conditions and eliminating the pervasive stigma and bias that are the true culprits in causing pain and trauma in our society. MHSA provides funding for innovative, alternative approaches to Treatment As Usual.

Michael Gause is deputy director of the Mental Health Association of San Francisco.

 

Mirkarimi case: Eliana Lopez friend and defender Myrna Melgar responds to critics

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My opinion piece regarding the plight of my friend Eliana Lopez and San Francisco’s approach to handling domestic violence in her case has generated a lot of discussion since it was printed last week. I have heard from a lot of folks who tell me that it has challenged their assumptions about the particular situation but also about the unintended outcomes of handling all domestic violence through the criminal justice system. It has also generated quite a bit of defensiveness from some anti-domestic violence advocates, who have suggested that questioning their methods is an attack on their goals – it is not, and people who dedicate themselves to helping victims of domestic violence have my very highest respect and admiration.

So allow me elaborate that a little further on that point:

No one is advocating for the return to the bad old days when we looked away from the abuse of women. I am pointing out that for many, having the police automatically open a criminal investigation, regardless of the nature of the problem, which is then followed by prosecution, is a strong deterrent to seeking help.  Defining progress by rates of conviction while we know that more than half of domestic abuse incidents go unreported suggests that something in our approach is not working. 

Domestic violence seldom begins with a murder. It usually begins with the putdowns, the sarcasm, the psychological and emotional abuse, and then, often, to escalating levels of physical abuse. Of course, not every guy who makes sarcastic remarks will eventually hit his girlfriend. Instead of opening a criminal case when the first call comes in from an affected party or a well-meaning neighbor, how about we create a support system within mental health and family support that has a trained health professionals who can answer questions and guide a path to rehabilitation?  

San Francisco has led the way in showing the country how an integrated, public health-oriented healthcare system, community rooted and accessible to all, ought to be run.  We have the technology already to share data among health care professionals that can be immediately transferred to criminal justice professionals when needed.  A system that has only one gear — criminal prosecution — that treats women as children, robs them of their voice and their rights, and renders them incapable of making their own decisions at the slightest evidence or even accusation of abuse is a system that needs to evolve.  We can do better. We need to stop domestic violence while at the same time working towards equal rights and the empowerment of all women individually and as a whole. Those two things must never be mutually exclusive goals.

Despite the strong reactions my opinion has generated in the past week among people who defend the current system, no one has addressed the problem that the zero-tolerance criminalization approach has created in communities where there is fear of the police. It seems that everyone wants to talk about Eliana Lopez, mostly as an appendage of Ross Mirkarimi, but the many women facing this issue remain seemingly invisible in this conversation, their fears and issues unaddressed.  I have heard from immigrants’ rights advocates that they have been voicing these concerns for years, and have gotten nowhere within the domestic violence community. We can do better.

In her essay on March 29 in the Huffington Post, Andrea Shorter of the Commission on the Status of Women explains that the current system for dealing with domestic violence came about as the implementation of 84 recommendations by a group of advocates in response to the gruesome 2000 murder of an Asian immigrant woman at the hands of her boyfriend. In the past 12 years, great progress has been made in reducing domestic violence related homicide rates, both in San Francisco and across the country.

But 12 years is a long time, and a critical look at the system that we have created is needed. It’s important to note that immigrant women are still overrepresented in the domestic-violence homicide statistics in San Francisco. We can do better. We need a system that is both capable of responding quickly and decisively to cases where women’s security or lives are at stake, but of also handling the far more numerous and ambiguous cases in which domestic troubles have not reached that point, but in which families need help to make sure that they do not.

Finally, I feel I must address a couple of the specific accusations that have been made that are just not true. I have never worked for Ross Mirkarimi. I didn’t even contribute to his campaign. (It is, after all, possible for a woman to have an opinion independent of a man’s agenda). I care about my friend Eliana, and the issue of domestic violence. My interest was in addressing what I saw as an thoughtless reaction both by our government and much of our media, which produced results that were needlessly cruel and counter-productive to the people directly involved, and that also, ironically given the supposed purpose of the whole exercise, sent a bad message on how to respond to domestic violence.

Guardian Op-Ed: Domestic violence, a Latina feminist perspective

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By Myrna Melgar

Myrna Melgar is a Latina survivor of childhood domestic violence, a feminist, and the mother of three girls. She is a former legislative aide to Sup. Eric Mar.

Eliana Lopez is my friend. I have asked for her permission to put into words, in English, some observations, thoughts and insights reached during our many conversations these past few weeks about her experience with San Francisco’s response to the allegation of domestic violence by her husband, Sheriff Ross Mirkarimi. We hope this will lead to a teachable moment for law enforcement and anti-domestic-violence advocates about cultural sensitivity — and will lead to honest discussions about the meaning of empowerment of women.

We hope that Eliana’s experience, and our shared perspective, will prompt some analysis among feminists, advocates, and the progressive community in general about the impact of the criminalization of low-level, first offenses of domestic violence on this one immigrant woman — and the implications for all immigrant women and other women of color.

Eliana Lopez came to San Francisco from Venezuela with hope in her head and love in her heart. She decided to leave behind her beautiful city of Caracas, a successful career as an actress, and her family and friends, following the dream of creating a family and a life with a man she had fallen in love with but barely knew, Ross Mirkarimi.

Well-educated, progressive, charismatic, and artistic, she made friends easily. She and Ross seemed like a great match. Both were committed environmentalists, articulate and successful. They had a son, Theo. As they settled into domestic life, however, problems began to surface. The notoriously workaholic politician did not find his family role an easy fit. A bachelor into his late forties, Ross had trouble with the quiet demands of playing a puzzle on the floor with his toddler or having an agenda-less breakfast with his wife. Ross would not make time for Eliana’s request for marriage counseling, blaming the demands of job and campaign.

On December 31, figuring that the election campaign was over and Ross would have a little breathing room, Eliana broached the subject of traveling to Venezuela with Theo. Ross’s emotional reaction to her request led to the argument that has now been repeatedly documented in the press — and for which he was eventually charged.

According to Eliana, the context of what happened between them on December 31 actually started much earlier. Ross grew up as the only son of a single teenage mother of Russian Jewish descent and an absent Iranian immigrant father. Pressured by the opposition of her family to her relationship with an Iranian Muslim, Ross’s mother divorced his father by the time he was five. Ross was raised on a small, nearly all-white island in New England, with no connection to his father. When he had the opportunity, Ross traveled to Chicago, where his father had remarried and built a new family with two sons. Ross’s father turned him away. In Eliana’s analysis, Ross’s greatest fear is that his painful story with his father will be replayed again with Theo.

Eliana’s version of what happened next has never wavered. She went to her neighbor Ivory Madison, as opposed to anyone else, because she thought Ivory was a lawyer and could advise her if her troubles with her husband resulted in divorce. Documenting Ross’s reaction to her request to take Theo abroad would be ammunition — targeting his greatest fear. Making the video was Madison’s idea, and Eliana agreed to it, thinking that it would be useful to her if a custody dispute ensued. But in Eliana’s mind, the video was her property, her story.

Eliana insisted that Ivory did not have her permission to share the video or the story with anyone, that she was not in any danger, and that she was working on her marriage with Ross. Unbeknownst to Eliana, by the time Ivory called the police, she had already shared the story with Phil Bronstein, then the editor at large of Hearst Newspapers, the publisher of the San Francisco Chronicle.

Let’s stop for a moment to consider the question of the empowerment of women. The disempowerment of Eliana began on a very small level when her husband grabbed her by the arm during an argument. It was exponentially magnified by the neighbor in whom she confided, who decided that Eliana’s strongly held desire to handle her problems with her husband herself was inconsequential. The disempowerment of Eliana was then magnified again and again, by the police, the press, the district attorney, and finally even anti-domestic-violence advocates.

How did it come to be that a system that was intended to empower women has evolved into a system that disempowers them so completely?

Unquestionably, there are women in deeply abusive relationships who need assistance getting out, who may not be able to initiate an escape on their own. Eliana’s relationship with Ross did not even come close to that standard. Yet in the eyes of Ivory Madison, Phil Bronstein, District Attorney George Gascon, and even the Director of La Casa de las Madres, once her husband had grabbed her arm, Eliana was simply no longer competent and her wishes were irrelevant.

In other words, an action done by a man, over which a woman has no control whatsoever, renders the woman incompetent and irrelevant, and empowers a long list of people — most of whom are male — to make decisions on this woman’s behalf, against her consistent and fervently expressed wishes. No one in the entire chain of people who made decisions on Eliana’s behalf offered her any help — besides prosecuting her husband.

Eliana was only consulted by the district attorney in the context of seeking her cooperation in relation to the criminal charges against her husband. Eliana never gave her input or assessment in the situation, was never consulted about the plea agreement.

Now the disempowerment of Eliana has taken an even more sinister twist. In an opinion piece published in the Chronicle, Ivory Madison’s husband, Abraham Mertens, charged Eliana with intimidation for allegedly pressuring his wife and himself to destroy the video that Ivory conceived and recorded of Eliana’s moment of distress. The same day, Mayor Ed Lee announced that he was suspending Ross as sheriff, and the charges, as written up by the City Attorney, included the Mertens accusation. This had the effect of silencing and disempowering Eliana — but this time, she is being threatened with criminal prosecution. The victim has somehow become the criminal.

Mertens, the mayor, the D.A., the city attorney, and the newspaper editor are all men. All men acting on behalf of a very educated and articulate woman who has repeatedly, passionately, asked them to give her her voice back. And for that they are threatening to criminally prosecute her.

Kathy Black, the director of La Casa de las Madres, called Eliana twice. At the same time, Black and other domestic violence advocates were calling on Ross to step down, raising money to put up billboards, and mobilizing for the anti-Ross campaign, trying him in the press. Seeing all this, Eliana never trusted Black’s motives and never took the call. Had Eliana thought assistance would be available her and to Ross without a threat to her family and livelihood, this all would have been a very different story.

During Ross’s initial preliminary hearing, Eliana Lopez famously told judge Susan Breall “this idea that I am this poor little immigrant is insulting, it’s a little racist.” And yet, what middle class, successful, educated Eliana was exposed to is exactly what we as a city have forced victims of domestic violence to face by our emphasis on criminal prosecution.

In San Francisco, we concentrate on saving victims from domestic violence situations. Our efforts in communities of color, immigrant communities, and teens is geared to make sure that victims get away from their abusers.

It’s inarguable that women in dangerous situations need to be provided options to get out. But concentrating on these alone — rather than on the array of options that are needed in less severe cases — is the equivalent of treating disease at the emergency room. In fact, this approach undermines prevention efforts because it puts women in the position of choosing between seeking help through counseling and therapy to modify the behavior of their partners — or exposing them to criminal prosecution. It has the unfortunate outcome of disempowering women, particularly low-income immigrant women and women of color, whose economic realities, position in society, and relationship to law enforcement both real and perceived is very different than for white middle-class women.

It’s not hard to see that, for immigrant women and women of color, exposure to law enforcement is perceived as dangerous. Many immigrants fear law enforcement based on their experiences with repressive regimes in their own countries. In the past couple of years, the mandatory referral to federal immigration authorities has created panic and fear of police in immigrant communities across America. Immigrant women, already on the edge economically, face the real threat of the loss of their partner’s income if the partner is accused of a crime and the boss finds out. Many black women understandably doubt the criminal justice system’s capacity to treat black men charged with any crime.

So here is the challenge to domestic violence advocates and progressive folks who care about women: A more progressive approach to Eliana and Ross’s particular situation, and to domestic violence in general, would be to work on emphasizing early, non-law enforcement intervention and the prevention of violence against women in addition to the necessary work of extricating women from dangerous situations.

Professor Laureen Snider at Queens University in Ontario has argued that criminalization is a flawed strategy for dealing with violence against women. Snider argues that feminists and progressives have misidentified social control with police/governmental control. In other words, we are substituting one oppressor for another — and glossing over the fact that in the judicial system, poor people of color fare worse than white middle-class people. We have punted on the hard work education, and of shaping and reshaping men’s definitions of masculinity and violence, of the social acceptance of the subjugation of women, of violence against children. We have chosen to define success in the fight against domestic violence by women saved from horrible situations and incarceration rates for their abusers — rather than doing the difficult work of community and individual change necessary to prevent violence from happening in the first place.

Putting up billboards in Spanish telling women that domestic violence is never a private matter might make people feel like they are doing something useful, but it will do nothing to help Eliana, and it will do very little to prevent domestic violence against women in the Spanish-speaking community.

My own experience with the community’s response to domestic violence was very different from Eliana’s. My father was physically abusive. The most violent period of my life was during high school in the 1980’s, shortly after we had immigrated to the United States from war-torn El Salvador. Our economic realities and shaky legal situation placed a level of stress on our family that made violence an almost daily occurrence.

I ran away from home, and eventually got connected with the services offered through the Redwood City YMCA. We entered family counseling, and the intervention was successful — my father was able to stop his violent behavior and our family survived. Had the police intervened, my father would have likely been charged, very possibly deported, and the whole family would have been sent back to El Salvador — back to the civil war.

In the case of my family, in which violence was a severe, everyday occurrence, there was a successful intervention. In Eliana’s case, which was limited to her husband too forcefully grabbing her arm, the family was destroyed and it will take years before the victim and her child will be able to (maybe) put their lives back together.

I challenge the progressive community and anti-violence advocates to reexamine this criminalization-heavy approach and its impact on my friend Eliana’s family, but also to examine how it affects all victims of domestic violence in San Francisco, particularly women in immigrant communities and women of color who rightfully have a distrustful relationship with law enforcement. Although it might make some feel better, all of this energy and effort spent demanding Ross Mirkarimi’s resignation only serves to reinforce the dominant model of criminalization — to make an example out of him. It won’t help Eliana, and it won’t help people suffering from violence in their intimate relationships.

Myrna Melgar is Latina survivor of childhood domestic violence, a feminist, and a mother of three girls. She is a former legislative aide to Sup. Eric Mar.

 

Gascon and the Mirkarimi plea deal

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The Mirkarimi case has taken another strange turn: The district attorney, George Gascon, just told the Chronicle that he doesn’t think the sheriff really thinks he’s guilty, and wants to raise that at his sentencing March 19.

I find this pretty unusual and remarkable. Whatever you think of the Mirkarimi case (and there are plenty of different opinions), the guy pled guilty to a fairly serious crime — and Gascon’s staff negotiated the plea deal with Mirkarimi’s lawyers. Why is he talking about messing around with the situation at this point?

Well, according to the Chron, Gascon was responding to a Matier and Ross column in which the sheriff acknowledged that he owes some hefty legal bills and that the cost of defending himself, and the cost to his family, was a factor in his guilty plea. Gascon is taking that as a sign that Mirkarimi maybe still thinks he’s innocent:

“There is a guilty plea here and I know there’s almost an attempt (by Mirkarimi) to deny that this has occurred: ‘I didn’t really do this. I’m being forced to do this.’ That’s very concerning to me, to be very honest with you,” Gascón said in a meeting with The Chronicle editorial board.

That’s a fair amount of extrapolation — Mirkarimi never told Matier and Ross that he’s innocent, although (like most criminal defendants) he maintained that position all the way up to the plea bargain. That’s what happens in a court case; the accused pleads not guilty, says he or she will fight the charges, proclaims innocence — and then, in the vast majority of the cases in the U.S. criminal justice system, eventually cops a plea.

Why? There are lots of reasons. The  New York Times had a fascinating piece on this March 10. You might think you’re innocent, but won’t get a fair trial. You might be innocent, but fear that you can’t prove it and you don’t want to take the risk of the harsh sentence you might get if you lose. You might just decide that it’s better to accept some degree of punishment instead of dragging the case out. You might really be guilty, but not in the way the original charges read. You might be guilty as hell; you just said you were innocent because you were waiting for a good plea deal. This is how the criminal justice system works in the United States.

I called Gascon to talk about this, and he started off by saying, as he did in the meeting with the Chron ed board, that “we’re not accustomed to accepting a guilty plea from someone who isn’t guilty.” If that’s really the case, then he’s the only district attorney in the country with that policy. When we talked a bit further, he made the point that domestic violence is a special case: “When the defendant goes through counseling, they have to admit responsibility,” he said. “I want to make sure he understands what a guilty plea is and what it means.” Which is valid — I agree that step one in any sort of anger-management or DV program is taking responsibility for your actions. But didn’t this all come up when Gascon’s staff first cut the deal? Isn’t it a little late now to have second thoughts?

Mirkarimi has already agreed to go to counseling and take a domestic violence class. I talked to his lawyer, Lidia Stiglich, and she told me that she was “at a little bit of a loss. The sheriff accepted responsibility. We have a plea agreement and a disposition, and I don’t see any legal reason why it wouldn’t go forward as proposed.”

I agree, and have said in public many times, that Mirkarimi has to take responsibility for his actions, has to tell the public what really happened that day, and, like any other defendant who enters domestic violence counseling, admit that he’s done something wrong and that it wasn’t at all OK or excusable. That’s all part of the package.

I just don’t get what the district attorney is up to.

 

 

 

 

 

Domestic violence is not a private matter

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EDITORIAL The legal case against Sheriff Ross Mirkarmi has been essentially settled, with the sheriff pleading guilty to false imprisonment and avoiding a trial on domestic violence charges, but the political case is just beginning.

Already, there are calls for Mirkarimi to step down. And Mayor Ed Lee announced March 12 that he’s Mirkarimi’s plea to “a very serious charge that had introduce a new set of legal issues” merits a thorough review.

That could lead to an explosive scenario where the Board of Supervisors, in an election year, would have to vote on whether to remove a sheriff who many of the supervisors have worked with and supported over allegations that are in effect political poison. Anyone who wasn’t ready to throw the sheriff out of office could be accused of coddling a wife-beater.

Mirkarimi’s friends and allies say the sheriff didn’t want to plead guilty to anything. But the questionnaires that potential jurors had filled out showed that virtually everyone who might sit in judgment had read the sensational media coverage of the case, and Judge Garrett Wong had refused to move the trial elsewhere. The judge also rejected every significant motion Mirkarimi’s attorney, Lidia Stiglich, made, and allowed into evidence material that the sheriff’s team didn’t think should be admissible. So the situation looked bleak, and Mirkarimi took a deal.

Mirkarimi maintains his innocence, and says he has no intention of stepping down. He agreed to plead guilty to a crime that had very little to do with what happened New Year’s Eve, when the District Attorney’s Office said he got into a physical altercation with his wife that left her with a bruise on her arm. False imprisonment was never one of the original charges; as is often the case in criminal cases, both sides accepted a less-serious charge in the name of getting the deal done.

Why Mayor Lee sees that as “a new set of legal issues” is baffling; the issues are exactly the same as they were before the plea bargain. None of this is to say that the original charges, backed up by well-publicized (although never fully examined in court) evidence, aren’t serious. Domestic violence, as we’ve said repeatedly, is not a private matter, is not a minor crime, and has far too often been ignored by the courts, police, and prosecutors, sometimes with deadly consequences.

But the way this could play out will open Lee to charges of political opportunism. The mayor would need to charge Mirkarimi with “official misconduct,” which is defined in the City Charter:

“Official misconduct means any wrongful behavior by a public officer in relation to the duties of his or her office, willful in its character, including any failure, refusal or neglect of an officer to perform any duty enjoined on him or her by law, or conduct that falls below the standard of decency, good faith and right action impliedly required of all public officers and including any violation of a specific conflict of interest or governmental ethics law.”

Other than the “standard of decency” statute, which is pretty vague, there’s not much in there for Lee to go on. Unless you say that because Mirkarimi pleaded guilty to a crime with “imprisonment” in the name he’s somehow a threat to the inmates at the county jail, which is a huge stretch, it’s hard to call this “official misconduct.” (There is, on the other hand, the argument that Mirkarimi will be on probation, and thus part of the criminal justice system he oversees, and that it’s an inherent conflict of interest. That, however, would mean any sheriff who was on probation for anything would be ineligible to serve, which again is a stretch.)

If the mayor files official misconduct charges, and the Ethics Commission, by a supermajority, agrees, then the Board of Supervisors would serve in effect as a trial body, much as the U.S. Senate does in an impeachment case. Nine of the 11 supervisors would have to vote to permanently remove the sheriff from office.

If Lee takes that path, he’ll be setting in motion a political process that was designed in the Charter for highly unusual situations and has only been used once in the past 40 years. (And in that case, involving Airport Commission member Joe Mazzola, a court later ruled that the charges, involving his role in plumbers’ strike, didn’t rise to the standard of official misconduct.) You have to ask: Is this case, and this misdemeanor charge, worthy of the exercise of what is, by any standard, an extraordinary power vested in the city’s chief executive? Is it worth the political circus that would result from a trial by the supervisors (some of whom might well be asked to recuse themselves because of their prior relationships with Mirkarimi, making it almost impossible to reach the magic number of nine anyway)?

If the voters of San Francisco think the sheriff needs to go, there’s the right of recall — and it will be available the first week in July, when Mirkarimi will have served six months. If there’s not enough organized opposition to make that happen, he’ll be facing the electorate again in three years (and trust us, he will be opposed and every details of these charges will be part of the campaign). He’s going to pay for this far beyond his court-ordered probation and fine.

Whatever the plea deal, Mirkarimi was clearly involved in a bad conflict with his wife that turned physical. Unless the evidence we’ve seen so far is completely misleading, it’s clear that he left her with a bruise — and that he was at the very least nasty and more likely emotionally abusive to her. Now that the legal case is over, he needs to come clean and tell the public exactly what happened that day, at which point we can all decide if we believe him, if he’s shown that he’s changed, and if the public is willing to give him a chance at redemption.

But Lee should think very seriously before he escalates this by filing misconduct charges. Since the ones who have the most to lose from that are the progressives on the board who are often Lee’s foes, it will have the stench of political maneuvering — and at this point, nobody needs that. The mayor says he’s a unifier; this would be the most divisive thing he could do.

Death penalty could go before California voters in November

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It appears that California voters will get a chance to abolish the death penalty this November, and that supporters of the proposed ballot measure will use mostly fiscal and public safety arguments to pick away at the majority of state residents that polls have shown still support capital punishment.

The group SAFE (which stands for Savings, Accountability, Full Enforcement) California this morning held press conferences in San Francisco and three other cities to announce that it is turning in more than 800,000 voter signatures (504,764 are needed) to qualify a measure that would make life in prison without the possibility of parole the maxiumum sentence in California. It would also spare the 720 inmates now on death row in San Quentin Prison, converting their sentences to life in prison.

“We make history today. This is the first time that voters in California will have the opportunity to replace the death penalty with life in prison without the possibility of parole,” LaDoris Cordell, a retired Santa Clara County Superior Court judge, said at San Francisco City Hall.

She was flanked by Sups. Scott Wiener and Christina Olague and other supporters of the measure, as well to two visuals showing a county-by-county breakdown of the unsolved homicides and rapes in California. San Francisco ranks near the top in both categories, with 58 percent of murders (450) and 70 percent of reported rapes (1,236) going unsolved between 2000 and 2009.

“The money to catch these murderers and rapists is not there because it is on death row,” Cordell said, noting that the state wastes an estimated $184 million per year on capital punishment, a figure that represents the roughly $100,000 more per year it costs to house someone on death row versus in the normal prison population and the cost of lifetime legal representation and appeals to which condemned prisoners are entitled.

They argue that in a cash-strapped state, that money could be put to better use solving crimes and supplementing police budgets, with Wiener calling for state residents “to be rational in our approach to public safety and end the death penalty in California.”

Most studies on capital punishment have shown that it does not act as a crime deterrent and that it does not save money, so most arguments supporting it have been emotional ones offered by grieving families or law enforcement officials describing the heinous details of crimes. 

SAFE California seemed to be trying to preempt those appeals with speeches in San Francisco by three other supporters of the measure: Jeanne Woodford, the former San Quentin warden who now runs Death Penalty Focus; Obie Anthony, who was wrongfully accused of murder and exonerated last year after serving 17 years in prison; and Deldelp Medina, whose aunt was murdered by her cousin during a psychotic breakdown and faced capital punishment.

Woodford oversaw four executions at San Quentin and said she and other corrections workers were plagued by the questions of whether the person they were executing was innocent and whether state-sanctioned killing was really making the world safer: “No public employee should ever carry that burden, because I can tell you the system is flawed.”

Many studies have shown the criminal justice system is often biased against African Americans like Anthony. “At the age of 19, I was charged and faced with a murder I did not commit,” said Anthony, who was convicted based on eyewitness testimony of a pimp who later admitted that he was lying to get leniency in his own criminal charges, a deal with police that jurors never learned about.

“I’m living proof that terrible mistakes can happen and there is no perfect system,” Anthony said.

Medina told another story common to California’s flawed justice system, that of overzealous prosecutors seeking to appear tough, often for political reasons, being matched against overburdened public defenders who often lack the resources to properly defend poor people accused of serious crimes.

She noted how the death penalty gets “trotted out as a show pony in every election cycle” by politicians using the families of crime victims. But the reality is that vengeance isn’t a healthy emotion, and she said that capital punishment does little to heal a family’s pain: “The death penalty is an empty promise to the families of victims.”

Cordell said that capital punishment, which often takes 25 years to occur once all the appeals are exhausted, simply prolongs the survivors’ pain. “A quarter of a century is not justice for these families,” she said. And with the high cost of capital punishment exacerbating government funding shortfalls and inherent flaws in the court system, she said, “Justice in our criminal justice system is in grave peril.”   

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WEDNESDAY 29

Funeral for capitalism

Occupy Oakland declares capitalism dead with a funeral procession with New Orleans style brass band, eulogy, and “dancing on the grave to follow.” Organizers want you to “use your extra day to bid farewell to a system that brings us meaningless jobs, billionaires, shopping malls, structural poverty, and ecological collapse.” After all, this is a leap year, so celebrate it right!

6 p.m., free

Oscar Grant/ Frank H. Ogawa Plaza

Broadway and 14th, Oakl

www.leapdayaction.org/event/funeral-capitalism

 

THURSDAY 1

Occupy Education Part 1

As part of a national day of action, join Occupy City College of SF, Occupy SF State, and the Occupy SF Action Council for a teach-in and occupation at the California State Office Building. The event will be followed by a rally at Civic Center Plaza, with speeches and discussions about the causes and effects of deep cuts to the higher education system.

3 p.m., free

California State Office Building

455 Golden Gate, SF

www.occupyed.org

 

Occupy 4 Prisoners benefit

Legendary activist and professor Angela Davis, along with fellow prison-reform activists Elaine Brown and Barbara Becnel, will speak about the prison-industrial complex, followed by a film screening of Broken on all sides: Race, Mass Incarceration, and New Visions for Criminal Justice in the US.

7 p.m., $10 suggested donation

Grand Lake Theater

3200 Grand, Oakl

www.occupyoakland.org

 

SATURDAY 3

The Future of Palestine

Dr. Mustafa Barghouti, general secretary of the Palestinian National Initiative and president of the Union of Palestinian Medical Relief Committees, comes to Berkeley. His talk will center on the impact of the Arab Spring on Palestinian politics, and how non-violent struggle there has succeeded in recent years. Proceeds from the event will benefit medical relief for children in Palestine.

7:30 p.m., $10

Martin Luther King Middle School

1781 Rose, Berk.

www.mecaforpeace.org


MONDAY 5

Occupy Education Part 2

Every year, students, teachers and supporters march on Sacramento to demand better access to education. This year, fueled by Occupy momentum, promises to be a big one. Hundreds of protesters plan to march from San Francisco to Sacramento—a four-day journey—for this day of rallies, a general assembly, and non-violent action trainings at California’s Capitol building. Join them, sign up for a seat on the bus, or head to Sacramento yourself.

10 a.m., free

Southside Park

2115 Sixth St, Sacra

www.occupyeducationca.org/wordpress