Death Penalty

Endorsement interviews: Bill Fazio

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Bill Fazio has been both a prosecutor and a defense lawyer — most recently working on the defense side — and his views on criminal justice have changed a bit since he first ran for District Attorney’s office in 1999. Back then, he was a supporter of the death penalty; today, he says it’s an expensive failure. He’s not a big fan of “buy busts,” and said he supports restorative justice (but in a limited way). He vowed to us that he’d appoint a team of investigators and prosecutors to go after municipal corruption. You can listen to the interview and watch the video after the jump.

Fazio by endorsements2011

 

Endorsement interviews: David Onek

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David Onek has been running for district attorney pretty much since former D.A. Kamala Harris announced she was seeking the office of attorney general. He’s clearly, repeatedly and strongly said he opposes capital punishment and will never seek the death penalty. He told us he’s running because “the criminal justice system is broken” — and vowed, among other things, to start a restorative justice system for juvenile offenders.  And although he’s never been a prosecutor, he told us that “we’ve been arresting and prosecuting people just fine — now we need to reform the system.”

You can see a video of his opening statement and listen to the full interview after the jump.

Onek by endorsements2011

 

 

 

 

Film Listings

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OPENING

Amigo John Sayles’ career is a fascinating one too varied to fully examine here; suffice it to say, the man’s first big gig was writing 1978’s Piranha before he became the indie auteur behind such notables as 1984’s The Brother from Another Planet, 1987’s Matewan, 1988’s Eight Men Out, and 1996’s Lone Star. He favors large ensemble casts, socially-conscious themes, and an unhurried pace that allows the exploration of various plot threads. Amigo is possibly most similar to 1997’s Men With Guns, in that it’s largely subtitled, is set in a foreign country (here, the Philippines), and plays out against a backdrop of political and military unrest. The film takes place during the Philippine-American War, circa 1900, as U.S. troops (led by Sayles favorite Chris Cooper) roam the just-freed-from-Spain jungles searching for rebels who threaten America’s claim to the land. Also in the mix are town leader Rafael (Filipino superstar Joel Torre), his guerilla brother (Ronnie Lazaro), and a crooked priest (Yul Vázquez) fond of incorrectly translating between sides. Amigo‘s an important film simply because it educates about a little-known conflict — frankly, America’s conduct as occupiers is so cruel that it’s no surprise the history books gloss over it — but it’s slow-moving and heavy-handed, with a tone that pitches uneasily between humor and tragedy. (2:08) Stonestown. (Eddy)

*The Arbor An audaciously conceived and genuinely haunting chronicle of a family, The Arbor reinvents two of the most debased forms of nonfiction film: the venerating portrait of an artist who died young and the voyeuristic confession of abuse. The locus here is the short, bottle-strewn life of Andrea Dunbar, a brilliant playwright whose work distilled the manners and speech of the West Yorkshire housing projects. The Arbor effectively stages some of this work in a park near the same apartments, but the project’s focus is Dunbar’s shambling private life and its devastating effect on friends, lovers, and daughters. Our emotions are strained by their collective fury and grief, but never cheated. Curiously, Clio Barnard accomplishes this by being up front in her manipulations. After collecting interviews with the key players, she cast actors to lip sync the answers — that is, the voices are documentary while the images are staged, an uncanny effect that becomes even more so when Barnard stitches together responses to narrate a single event. The technique is eerie and literally disembodying. In the same way that one affected by trauma may experience a separation from his or her self, so the image of the actor speaking comes unglued from the “real” voice — and so too is there a crucial hesitation in our assigning authenticity to a single, undivided subject. There are shades of Greek tragedy in The Arbor‘s patient, distanced unfolding of its characters’ fates. The speakers are imagined as a chorus, and though the drama is offscreen, long since buried, the pain still lives. (1:34) Roxie. (Goldberg)

*Bellflower Picture Two Lane Blacktop (1971) drifters armed with “dude”-centric vocabulary and an obsession with The Road Warrior (1981) and its apocalypse-wow survivalist chic. There are so many pleasures in this janky, so-very-DIY, heavy-on-the-sunblasted-atmosphere indie that you’re almost willing to overlook the clichés, the dead zones, and the annoying characters. Seeming every-dudes Woodrow (director-writer-producer Evan Glodell) and Aiden (Tyler Dawson) are far too obsessed with tricking out their cars and building a flamethrower for their own good — the misfits must force themselves out of the metal shop of the mind to meet women. So when Woodrow goes up against Milly (Jessie Wiseman) in a cricket-eating contest at a bar, it’s love at first bite. Their meet-gross morphs into a road trip and eventually a relationship, while the flamethrower nags, unexplained, in the background, like an unfired gun — or an unconsummated, not-funny bromance. These manifestations of male fantasy — muscle cars, weapons, and tough chicks — are cast in a dreamy, saturated, and burnt-at-the-edges light, as Glodell and company weave together barely articulated reveries and bad-new-west imagery with a kind of fuck-all intelligence, culminating in a finale that will either haunt you with its scattershot machismo-romanticism or leave you scratching your noggin wondering what just happened. (1:46) (Chun)

Conan the Barbarian Jason Momoa (Game of Thrones), Rose McGowan, and Ron Perlman star (in 3D) in this latest take on the Robert E. Howard hero. (1:42)

*The Future See “Fear and Longing.” (1:31)

Fright Night Don’t let the spooky trailer fool you: the Fright Night remake is almost as silly as the original. In fact, it follows the 1985 film closely, as young Charley Brewster (Anton Yelchin) comes to realize that his neighbor Jerry (Colin Farrell) is a vampire. The biggest change is a smart one — this Fright Night transforms late-night TV host Peter Vincent into Criss Angel-type illusionist Peter Vincent (David Tennant). The casting is spot on all-around, and frankly, Farrell is a lot more believable than Chris Sarandon as the seductive bad boy. The only real problem with the new Fright Night — other than the unnecessary 3D — is that it never fully commits to camp the way the original did. There’s a bit too much back-and-forth between serious scares and goofy blood splatters. Luckily, it’s still an entertaining remake that doesn’t crap all over a classic. It’s also a great reminder that vampires don’t have to be moody — remember, they used to be fun. (2:00) (Peitzman)

Griff the Invisible See “Fortress of Meh.” (1:33) Shattuck.

Gun Hill Road See “Once Upon a Time in the Bronx.” (1:28) Sundance Kabuki.

*One Day See “Deep in the Heart.” (1:48) Balboa.

*Senna When Ayrton Senna died in 1994 at the age of 34, he had already secured his legacy as one of the greatest and most beloved Formula One racers of all time. The three-time world champion was a hero in his native Brazil and a respected and feared opponent on the track. This eponymous documentary by director Asif Kapadia is nearly as dynamic as the man himself, with more than enough revving engines and last minute passes to satisfy your lust for speed and a decent helping Ayrton’s famous personality as well. Senna was a champion, driven to win even as the sometimes-backhanded politics of the racing world stood in his way. A tragic figure, maybe, but a legend nonetheless. You don’t have to be an F1 fan to appreciate this film, but you may wind up one by the time the credits roll. (1:44) Embarcadero, Smith Rafael. (Cooper Berkmoyer)

Sholem Aleichem: Laughing in the Darkness This documentary cuts to the chase right at the beginning: yeah, Sholem Aleichem was the guy who wrote the Tevye stories that inspired Fiddler on the Roof. But filmmaker Joseph Dorman isn’t trying to make Fiddler: Behind the Musical. Instead, he takes an in-depth look at the life, writing career, and cultural significance of “one of the great modern Jewish writers — and our greatest Yiddish writer,” per the film’s press notes. Fans of Jewish lit will be particularly engaged by Sholem Aleichem’s tale; raised in a shtetl in what’s now the Ukraine, he moved around Europe and to the United States pursuing various careers, but always writing the popular stories that addressed not just Jewish life, but broader issues facing turn-of-the-last-century Jews, including the cross-generational conflicts that make up much of Fiddler‘s plot and humor. That said, this film does rely an awful lot on PBS-style slow pans over black-and-white photos and intellectual talking heads; one suspects the subject himself (so devoted was he to entertaining the regular folk who gobbled up his tales) would’ve preferred his life story to unfold in a livelier fashion. (1:33) Opera Plaza. (Eddy)

Spy Kids: All the Time in the World Robert Rodriguez just can’t stop making these. (1:29)

ONGOING

Another Earth After serving a prison sentence for a youthful drunk-driving incident that killed two passengers in another car, Rhoda (Brit Marling) emerges no longer a blithe party girl but a haunted loner who prefers working as a high school janitor. Obsessed by her crime, she starts spying on the man it had left widowed and childless, a onetime composer (William Mapother) who like her has retreated into a solitary shell of depression. She finds a way to integrate herself (without revealing her identity) into his threadbare current existence, the two of them bonding over fascination with a newly discovered planet that appears the exact duplicate of Earth — complete with the possibility of our doubles living a parallel existence there. You can take Mike Cahill’s modestly scaled U.S. indie feature (cowritten with actor Marling) as a familiar drama about grief and repentance with a novel gloss of sci-fi, or as a sci-fi story with unusual attention to character emotions and almost no need of fantasy FX. Either way, it’s earnest, well-acted and interesting if not quite memorable; as has been noted elsewhere, the material could have fit just as effectively into a half-hour Twilight Zone episode. (1:32) Opera Plaza, Shattuck. (Harvey)

*Attack the Block The Goonies go to a South London projects, with more gore, guts, and gumption? With good reason, writer, director, and Edgar Wright/Simon Pegg cohort Joe Cornish’s own project, Attack the Block, has been getting raves at fests for its effortless, energetic originality, discernible through its thick, glottal stop-chomping, Jafaican-draped local brogue. The question posed, ever so entertainingly: what happens when you pit the toughest kids on the block against a ferocious pack of outer-space critters — not quite out to serve man but rather sever him limb from limb? We start out seeing this gang of at-risk, risk-taking youth through the peepers of a vulnerable female mugging victim and neighbor, Sam (Jodie Whittaker) — they seem as scary as any alien invader and she wants to bring down the full force of the law on them. But the pack, led by Moses (John Boyega, who charismatically scowls like a young 50 Cent), has more pressing matters at hand: a mysterious creature has come crashing down from out of the sky, and naturally, being nasty terrors, they kill it, bringing down a intergalactic shit storm of trouble. Their favorite refuge: the top-floor weed room overseen by Ron (Pegg sidekick Nick Frost), where they attempt to suss out why they’ve become the prime prey for wolfish aliens out for blood. Throw in chills, bike chases, a resourceful use of elevators and dumpsters, and an epic, eerie dubstep theme by Basement Jaxx, and you have a very fun horror-thriller that declines to preach but manages to bring home a message reminiscent of Night of the Living Dead (1968). Consider this a whole-hearted, double-fisted antidote to the fearful vigilantism of films like 2009’s Harry Brown. (1:28) Metreon. (Chun)

Beats, Rhymes & Life Actor Michael Rapaport probably didn’t set out to make a hip-hop Metallica: Some Kind of Monster (2004), but that’s pretty much where his portrait of A Tribe Called Quest ends up. The first half of Beats, Rhymes & Life: The Travels of A Tribe Called Quest is predictably worshipful, slathering on low angles and slow motion to cover mediocre live shows. More effectively, Rapaport traces the Queens group’s brief incubation period and subsequent breakthroughs in what would later be called alternative or, more obnoxiously, conscious hip-hop. A slew of notable followers and contemporaries toast Tribe’s first three albums, but by the time Rapaport catches up to the group’s 2008 reunion even their longtime friends De La Soul are wishing they’d call the whole thing off. The documentary slides into the Monster zone of hurt feelings and passive aggressive behavior in accounting for the group’s split after their inappropriately named 1998 album, The Love Movement. Phife Dawg and Q-Tip are the warring egos, though perennially slighted Phife is really no match for the imperially cool Tip. DJ Ali Shaheed Muhammad is the Kirk Hammett of the outfit, looking on helplessly as the two bigger personalities make a mess of things. There’s still novelty in a story about aging in hip-hop, but Rapaport’s portrait is utterly conventional. He also doesn’t pursue more interesting questions of race and politics that naturally follow the band’s crossover appeal. (1:38) Shattuck. (Goldberg)

*Beginners There is nothing conventional about Beginners, a film that starts off with the funeral arrangements for one of its central characters. That man is Hal (Christopher Plummer), who came out to his son Oliver (Ewan McGregor) at the ripe age of 75. Through flashbacks, we see the relationship play out — Oliver’s inability to commit tempered by his father’s tremendous late-stage passion for life. Hal himself is a rare character: an elderly gay man, secure in his sexuality and, by his own admission, horny. He even has a much younger boyfriend, played by the handsome Goran Visnjic. While the father-son bond is the heart of Beginners, we also see the charming development of a relationship between Oliver and French actor Anna (Mélanie Laurent). It all comes together beautifully in a film that is bittersweet but ultimately satisfying. Beginners deserves praise not only for telling a story too often left untold, but for doing so with grace and a refreshing sense of whimsy. (1:44) Lumiere. (Peitzman)

Bride Flight Who doesn’t love a sweeping Dutch period piece? Ben Sombogaart’s Bride Flight is pure melodrama soup, enough to give even the most devout arthouse-goer the bloats. Emigrating from post-World War II Holland to New Zealand with two gal pals, the sweetly staid Ada (Karina Smulders) falls for smarm-ball Frank (Waldemar Torenstra, the Dutchman’s James Franco) and kind of joins the mile high club to the behest of her conscience. The women arrive with emotional baggage and carry-ons of the uterine kind. As the harem adjusts to the country mores of the Highlands, Frank tries a poke at all of them in a series of sex scenes more moldy than smoldery. This Flight, set to a plodding score and stuffy mise-en-scene, never quite leaves the runway. Not to mention the whole picture, pale as a corpse, resembles one of those old-timey photographs of your great grandma’s wedding. These kinds of pastoral romances ought to be put out to, well, pasture. (2:10) Opera Plaza. (Ryan Lattanzio)

*Bridesmaids For anyone burned out on bad romantic comedies, Bridesmaids can teach you how to love again. This film is an answer to those who have lamented the lack of strong female roles in comedy, of good vehicles for Saturday Night Live cast members, of an appropriate showcase for Melissa McCarthy. The hilarious but grounded Kristen Wiig stars as Annie, whose best friend Lillian (Maya Rudolph) is getting hitched. Financially and romantically unstable, Annie tries to throw herself into her maid of honor duties — all while competing with the far more refined Helen (Rose Byrne). Bridesmaids is one of the best comedies in recent memory, treating its relatable female characters with sympathy. It’s also damn funny from start to finish, which is more than can be said for most of the comedies Hollywood continues to churn out. Here’s your choice: let Bridesmaids work its charm on you, or never allow yourself to complain about an Adam Sandler flick again. (2:04) Shattuck. (Peitzman)

Buck This documentary paints a portrait of horse trainer Buck Brannaman as a sort of modern-day sage, a sentimental cowboy who helps “horses with people problems.” Brannaman has transcended a background of hardship and abuse to become a happy family man who makes a difference for horses and their owners all over the country with his unconventional, humane colt-starting clinics. Though he doesn’t actually whisper to horses, he served as an advisor and inspiration for Robert Redford’s The Horse Whisperer (1998). Director Cindy Meehl focuses generously on her saintly subject’s bits of wisdom in and out of a horse-training setting — e.g. “Everything you do with a horse is a dance” — as well as heartfelt commentary from friends and colleagues. In the harrowing final act of the film, Brannaman deals with a particularly unruly horse and his troubled owner, highlighting the dire and disturbing consequences of improper horse rearing. (1:28) Opera Plaza, Shattuck. (Sam Stander)

Captain America: The First Avenger OK, Marvel. I could get behind 2008’s Iron Man (last year’s Iron Man 2, not so much), but after Thor and now Captain America, I’m starting to get cynical about this multi-year build-up to the full-on Avengers movie, due in May 2012. Can even a superhero-stuffed movie directed by Joss Whedon live up to all this hype? There’s plenty of time to ponder, and maybe worry a little, with Captain America’s backstory-explaining picture now in theaters. Chris Evans stars as the 90-pound weakling who morphs into a supersoldier, thanks to the World War II-era tinkerings of a scientist (Stanley Tucci) and an inventor (Dominic Cooper as Howard Stark, a.k.a. Iron Man’s dad). The original plan for the musclebound shield-bearer (fighting Nazis, natch) gets waylaid a bit when the newly famous Captain America becomes a PR prop for the U.S. government; it’s abandoned entirely when a worse-than-Hitler foe, in the guise of power-obsessed Red Skull (Hugo Weaving), threatens the world. Directed by Spielberg cohort Joe Johnston, Captain America is gee-whiz enjoyable enough, but it’s very nearly the same movie as Thor, which no amount of Tommy Lee Jones (as a sarcastic army colonel) wisecracks can conceal. And here’s an anti-spoiler: there’s no post-credits surprise in this one, so you can bolt as soon as they start to roll. (2:09) SF Center, Shattuck, Sundance Kabuki. (Eddy)

The Change-Up This brom-com just might go down as the one where Ryan Reynolds proves his acting chops by playing a creepy Peter Pan and an upstanding family man with Jason Bateman’s physical tics. And it’s almost good enough to wipe out those terrible memories of Reynolds’ dances with CGI in Green Lantern. Yet 2011 summer movies’ MVP Bateman still manages to steal all the best scenes as both the straight man and the kidult-in-a-grown-up’s-body: namely those R-pushing moments he’s changing diapers and taking a face full of baby poo, coming on like a pink-Polo’d jackass at a big-money meeting, and watching the woman of his dreams saunter into the can to cope with backfiring Thai grub. It’s the stuff of fantasy — as well as some clever writing and considerable buddy-buddy chemistry — when career-climbing, do-right lawyer Dave (Bateman) and perpetual playa Mitch (Reynolds) voice envy for each other’s lives while pissing into a magical fountain. The old switcheroo inexplicably occurs the next morning when each chum find himself in the other’s body. Fortunately the Freaky Friday (1976) kookiness that ensues rises a bit above the safe norm by plunging headlong into all the cringey discomfort that comes with watching babies toy with cleavers and electrical outlets. The Change-Up is completely ludicrous, fo’ sho’, and never really strays from the reassuring confines of its story arc, but the laughs accompanying its morning-afters will satisfy more than any new Hangover. (1:52) Four Star, Marina, 1000 Van Ness, Shattuck. (Chun)

Cowboys and Aliens Here ’tis in a nutshell: the movie’s called Cowboys and Aliens — and that’s exactly, entirely what you’ll get. Director Jon Favreau may never best 2008’s Iron Man (actor Jon Favreau will prob never top 1996’s Swingers, but that’s a debate for another time), but that doesn’t mean he won’t have a good time trying. Cowboys is a genre mash-up in the most literal sense; as the title suggests, it pits Wild West gunslingers (Harrison Ford as a crabby cattleman, Daniel Craig as an amnesiac outlaw) against gold-seeking space invaders who also delight in kidnapping and torturing humans. As stupidly entertaining as it is, this is a textbook example of a pretty OK movie that could have been so much better … if only. If only the alien characters had a little bit more District 9-style personality. If only the story had a shred of suspense — look ye not here for “spooky” and “mysterious;” this shit is 100 percent full-on explosions. If only Craig’s comically fine-tooled physique didn’t outshine his wooden acting. And so forth. (1:58) 1000 Van Ness, Presidio, SF Center. (Eddy)

Crazy, Stupid, Love Keep the poster’s allusion to 1967’s The Graduate to one side: there aren’t many revelations about midlife crises in this cleverly penned yet strangely flat ensemble rom-com, awkwardly pitched at almost every demographic at the cineplex. There’s the middle-aged romance that’s withered at the vine: nice but boring family man Cal (Steve Carell) finds himself at a hopeless loss when wife and onetime teenage sweetheart Emily (Julianne Moore) tells him she wants a divorce and she’s slept with a coworker (Kevin Bacon). He ends up waxing pathetic at a slick nightclub where he catches the eye of the well-dressed, spray-tanned smoothie Jacob (Ryan Gosling), who appears to have taken his ladies man stance from the Clooney playbook. It’s manly makeover time: GQ meets Pretty Woman (1990)! Cut to Cal and Emily’s babysitter Jessica (Analeigh Tipton), who is crushing out on Cal, while the separated couple’s tween Robbie (Jonah Bobo) hankers for Jessica. Somehow Josh Groban worms his way into the mix as the dullard suitor of Hannah (Emma Stone) in a hanging chad of a storyline that must somehow be resolved in this mad, mad, mad, mad — actually, the problem with Crazy, Stupid, Love is that it isn’t really that crazy. It tries far too hard to please everybody in the theater to its detriment, reminding the viewer of a tidy, episodic TV series (albeit a quality effort) like Modern Family more than an actual film. Likewise I yearned for a way to fast-forward through the too-cute Jessica-Robbie scenes in order to get back to the sleazy-smart, punchy complexity of Gosling, playing adeptly off both Carrell and Stone. (1:58) Marina, 1000 Van Ness, SF Center, Shattuck, Sundance Kabuki. (Chun)

*Crime After Crime In 1983, Deborah Peagler was sentenced to 25 years to life for first-degree murder in the death of her former boyfriend Oliver Wilson, whom two local L.A. gang members had strangled — supposedly at her behest. Encouraged to plead guilty to avoid the death penalty, Peagler had a juryless trial and was quickly shunted off to prison. There she was repeatedly turned down for parole despite spending the years of her incarceration as a church leader, mentor, and tutor to other inmates; a highly skilled electronics-assembly supervisor; earning two degrees; and sustaining good long-distance relationships with her two daughters. Even most of the victim’s surviving relatives had come to believe she should have been released years earlier. For her part, Peagler always claimed she intended Wilson to be beaten, but had not asked for or condoned his murder. What was missing (or suppressed) from the original trial were the myriad reasons she’d wanted to frighten him away from herself and her family, including the fact that he’d frequently beaten her. Walnut Creek attorneys Nadia Costa and Joshua Safran agreed to take on Peagler’s case pro bono, and they launched what turned into years of effort during which her cause becomes a public cause célèbre, and indications emerge of some very ugly misconduct by the District Attorney’s office. This battle is chronicled in Bay Area filmmaker Yoav Potash’s documentary Crime After Crime. It’s a story with plenty of lurid and tragic revelations, ranging from child sexual abuse to terminal illness to hidden evidence of perjury. The film won’t exactly stoke your faith in the justice system, but this thoroughly engrossing document does affirm that there is hope good people can and will fight the system. (1:33) Smith Rafael. (Harvey)

The Devil’s Double Say hello to my little friend, again— and rest assured, it’s not a dream and you’re seeing double. New Zealand filmmaker Lee Tamahori gets back to his potboiler roots with this campy, claustrophobic look back at the House of Saddam Hussein, based on a true story and designed to win over fans of Scarface (1983) with its portrait of mad excess and deca-dancey ’80s-ish soundtrack. The craziest poseur of all is Hussein’s son Uday (Dominic Cooper), a petty dictator-in-the-making — and, according to this film, a full-fledged murderous pedophile — who chomps cigars and wraps his jaws around schoolgirls while Cooper happily chews scenery. Uday needs a double to sidestep all those troublesome assassination attempts, so he enlists look-alike childhood friend Latif (also Cooper) to get the surgery, pop in the overbite, bray like a madman, make appearances in his stead, and function as a kind of pet human. Never mind Ludivine Sagnier, glassy-eyed and absurd in the role of Uday’s favorite sex kitten Sarrab — Double is completely Cooper’s, who seizes the moment, investing the morally upstanding Latif with a serious sincerity with just his eyes and body language and infusing evil odd job Uday with a dangerous, comic-book unpredictability. To his credit, Cooper imbues such cult-ready, blow-the-doors-off lines as “I love cunt! I love cunt more than god!” with, erm, believability, even as the denouement rings somewhat false. (1:48) California, SF Center, Sundance Kabuki. (Chun)

*Final Destination 5 The thing about my undying love for the Final Destination series is that it’s completely legitimate and 100 percent sincere. You know exactly what you’re getting with each new movie, and these films never try to tell you otherwise. Yes, everyone will die. Yes, the deaths will be creative and disgusting. Yes, the quality of acting will be sacrificed for some of the more expensive splatter effects. For those of us who understand what the series is all about, Final Destination 5 is a triumph. It’s gory, wickedly funny, and a notable improvement on previous sequels. Not to mention the fact that Tony “Candyman” Todd gets a beefed-up role. For once, the 3D is actually a big help, with some of the best in-your-face effects I’ve seen. As for non-fans, I can’t say Final Destination 5 has much to offer. You have to embrace the absurdity and the mission statement before you can fully appreciate death by laser eye surgery. (1:32) 1000 Van Ness. (Peitzman)

*Friends With Benefits If you see only one romantic comedy this summer about a sex-sans-pair-bonding pact between a girl and a guy saddled with intimacy issues — well, chances are, if you tend to see movies with premises like this, you probably already saw No Strings Attached. In which case, poor unlucky Friends with Benefits may be filed away in your brain as that other movie about fuckbuddies, the one in which Ashton Kutcher is played by Justin Timberlake and Natalie Portman (in a slightly eerie cosmic echo of last year’s Black Swan) is played by Mila Kunis. But if you see two such movies this summer, and admit it, you probably might, you’ll likely agree that FWB kicks NSA‘s booty call, particularly in the areas of scriptwriting ingenuity, pacing, and the casting subcategory of basic chemistry between romantic leads, with points possibly taken off for shark-jumping use of flash mobs and the fact that the maddeningly sticky song “Closing Time” will now be with you from closing credits ’til doomsday. This is not a searing, psychologically nuanced portrayal of two young people’s struggles to grapple with modern-day sexual mores and their own crippling pathologies — rather, the pair’s emotional baggage mostly seems to be stuffed with packing peanuts, and scenes in which they catalog their sexual proclivities in a humorously businesslike, gently raunchy fashion reveal them to be hearteningly adept at the art of communication. But such moments keep us entertained as the film, salted with light jabs at the genre’s worn-down touchstones yet utterly complicit, depicts the inevitable stages of a non-relationship relationship. (1:44) Sundance Kabuki. (Rapoport)

*The Future Dreams and drawings, cats and fantasies, ambition and aimlessness, and the mild-mannered yet mortifying games people play, all wind their way into Miranda July’s The Future. The future’s a scary place, as many of us fully realize, even if you hide from it well into your 30s, losing yourself in the everyday. But you can’t duck July’s collection of moments, objects, and small gestures transformed into something strangely slanted and enchanted, both weird and terrifying, when viewed through July’s looking glass. Care and commitment — to oneself and others — are two vivid threads running through The Future. Cute couple Sophie (July) and Jason (Hamish Linklater) — unsettling look-alikes with their curly crops — appear at first to be sailing contently, aimlessly toward an undemanding unknown: Jason works from home as a customer-service operator, and Sophie attempts to herd kiddies as a children’s dance instructor. But enormous, frightening demands beckon — namely the oncoming adoption of a special-needs feline named Paw-Paw (voiced by July as if it’s a traumatized, innocent child). Lickety-splitsville, they must be all they can be before Paw-Paw’s arrival. The weirdness of the familiar, and the kindness of strangers, become ways into fantasy and escape when the couple bumps up against the limits of their imagination. This ultra-low-key horror movie of the banal is obviously remote territory for July (2005’s Me and You and Everyone We Know). The Future is her best film to date and finds her tumbling into a kind of magical realism or plastic fantastic, embodied by a talking cat that becomes the conscience of the movie. (1:31) Shattuck. (Chun)

Glee: The 3D Concert Movie (1:30) 1000 Van Ness.

The Guard Irish police sergeant Gerry Boyle (Brendan Gleeson) is used to running his small town on his own terms — not in a completely Bad Lieutenant (1992) kind of way, though he’s not afraid to sample drugs and hang with hookers. More like, he’s been running the show for years, and would prefer that big-city cops stay the hell out of his village. Alas, a gang of drug smugglers is doing business in the area, so an officious group of investigators from Dublin (horrors!) and America (in the form of an FBI agent played by Don Cheadle) soon descend. His mother’s dying, his brand-new partner’s missing, and between all the interlopers on both sides of the law, Boyle’s having a hard time having a pint in peace. Good thing he’s not as simple-minded as all who surround him think he is. Writer-director John Michael McDonagh (brother of playwright Martin, who directed 2008’s In Bruges — also starring Gleeson) puts an affable Irish spin on what’s essentially a pretty typical indie comedy, with some pretty typical crime-drama elements layered atop. Boyle’s character is memorably clever, but the film that contains him never quite elevates to his level. (1:36) Embarcadero, Shattuck, Sundance Kabuki. (Eddy)

*Harry Potter and the Deathly Hallows Part 2 Chances are you aren’t going to jump into the Harry Potter series with Harry Potter and the Deathly Hallows Part 2. So while the movie is probably the best Harry Potter film yet, it’s more a fitting conclusion than a standalone film. For fans of the books, there are no real surprises — this is a close adaptation. And for those Harry Potter movie fans who haven’t read the books, shame on you, and kudos if you managed to not get spoiled. It’s hard for me to offer a serious critical analysis of Part 2, because it represents the end of a long and very emotional journey. (Everyone in that audience was crying. Everyone.) I will say that, as was the case in the book, there are a few overdone, schmaltzy moments that aren’t really necessary. But in the context of the series, they’re forgivable — this may not be the great cinematic event of our generation, but Harry Potter as a whole is sure to be one of our most enduring cultural icons. (2:10) Empire, 1000 Van Ness, Sundance Kabuki. (Peitzman)

The Help It’s tough to stitch ‘n’ bitch ‘n’ moan in the face of such heart-felt female bonding, even after you brush away the tears away and wonder why the so-called help’s stories needed to be cobbled with those of the creamy-skinned daughters of privilege that employed them. The Help purports to be the tale of the 1960s African American maids hired by a bourgie segment of Southern womanhood — resourceful hard-workers like Aibileen (Viola Davis) and Minny (Octavia Spencer) raise their employers’ daughters, filling them with pride and strength if they do their job well, while missing out on their own kids’ childhood. Then those daughters turn around and hurt their caretakers, often treating them little better than the slaves their families once owned. Hinging on a self-hatred that devalues the nurturing, housekeeping skills that were considered women’s birthright, this unending ugly, heartbreaking story of the everyday injustices spells separate-and-unequal bathrooms for the family and their help when it comes to certain sniping queen bees like Hilly (Bryce Dallas Howard). But the times they are a-changing, and the help get an assist from ugly duckling of a writer Skeeter (Emma Stone, playing against type, sort of, with fizzy hair), who risks social ostracism to get the housekeepers’ experiences down on paper, amid the Junior League gossip girls and the seismic shifts coming in the civil rights-era South. Based on the best-seller by Kathryn Stockett, The Help hitches the fortunes of two forces together — the African American women who are trying to survive and find respect, and the white women who have to define themselves as more than dependent breeders — under the banner of a feel-good weepie, though not without its guilty shadings, from the way the pale-faced ladies already have a jump, in so many ways, on their African American sisters to the Keane-eyed meekness of Davis’ Aibileen to The Help‘s most memorable performances, which are also tellingly throwback (Howard’s stinging hornet of a Southern belle and Jessica Chastain’s white-trash bimbo-with-a-heart of-gold). (2:17) Balboa, California, Empire, 1000 Van Ness, Presidio, SF Center, Sundance Kabuki. (Chun)

Horrible Bosses Lead by a clearly talented ensemble of comic actors, Horrible Bosses is yet another example of a big-budget summer comedy with a promising conceit (see Bad Teacher) that fails to deliver anything but crude alms to the lowest common denominator. Seth Gordon directs Jason Bateman, Jason Sudeikis, and Charlie Day as three pals fed up with their evil employers (Kevin Spacey, Colin Farrell and Jennifer Aniston, respectively) so they hatch a plan to have them killed. Because the answer to their problem obviously lies in a dive bar in the “bad part of town,” Jamie Foxx plays Motherfucker Jones, their murder consultant and the film’s most likable character-stereotype. In the tradition of The Hangover (2009) and its ilk of beer-guzzling, frat-boy cousins, Horrible Bosses is a disastrous pile-up of idiocy that’s more vapid than vulgar despite a few amusing performances. See it for no other reason than Michael Bluth and Charlie Kelly on coke. (1:33) 1000 Van Ness. (Lattanzio)

*Magic Trip How to bottle the lysergic thrills and chills of a monumental road trip that marked the close of the Beat Generation era and the dawn of the hippie years? Remarkably, Ken Kesey and his Merry Pranksters did just that — and with the help of directors-writers Alison Ellwood and Alex Gibney, their efforts have been retrieved from the swamps of yesterday. You don’t have to be a Summer of Love easy rider, Kesey reader, Deadhead, or acid gobbler to appreciate the freewheeling energy and epoch-making antics of Magic Trip, which arrives well-outfitted in much invaluable, real-deal-y footage and audio of Kesey, driver Neal Cassady, and the proto-Merry Pranksters, shot during their 1964 trip from La Honda to the World’s Fair in NYC, off, on, and hovering 10 miles above the paint-strewn school bus named Further. Already viewed through the lens of Tom Wolfe’s The Electric Kool-Aid Acid Test, the trip unfolds in all its truly weird, silly, LSD-laden, improvised, awkward, flailing, freeing glory, as the filmmakers gracefully sidestep the audio sync problems that drove Kesey to give up on assembling the film himself. Instead Ellwood and Gibney contextualize the hijinks with voice-over interviews from Pranksters prepped to look back on the journey’s consciousness-expanding trips, both good and bad, and imaginatively animate memorable asides, including a tape recording of Kesey’s first LSD experiments as a Stanford student. “What long, strange trip,” indeed — and this affectionate document viscerally, wonderfully conveys why it changed lives as well. (1:47) Lumiere. (Chun)

Midnight in Paris Owen Wilson plays Gil, a self-confessed “Hollywood hack” visiting the City of Light with his conservative future in-laws and crassly materialistic fiancée Inez (Rachel McAdams). A romantic obviously at odds with their selfish pragmatism (somehow he hasn’t realized that yet), he’s in love with Paris and particularly its fabled artistic past. Walking back to his hotel alone one night, he’s beckoned into an antique vehicle and finds himself transported to the 1920s, at every turn meeting the Fitzgeralds, Gertrude Stein (Kathy Bates), Dali (Adrien Brody), etc. He also meets Adriana (Marion Cotillard), a woman alluring enough to be fought over by Hemingway (Corey Stoll) and Picasso (Marcial di Fonzo Bo) — though she fancies aspiring literary novelist Gil. Woody Allen’s latest is a pleasant trifle, no more, no less. Its toying with a form of magical escapism from the dreary present recalls The Purple Rose of Cairo (1985), albeit without that film’s greater structural ingeniousness and considerable heart. None of the actors are at their best, though Cotillard is indeed beguiling and Wilson dithers charmingly as usual. Still — it’s pleasant. (1:34) Albany, Embarcadero, 1000 Van Ness, Piedmont, Sundance Kabuki. (Harvey)

*My Perestroika Robin Hessman’s very engaging documentary takes one very relatable look at how changes since glasnost have affected some average Russians. The subjects here are five thirtysomethings who, growing up in Moscow in the 70s and 80s, were the last generation to experience full-on Communist Party indoctrination. But just as they reached adulthood, the whole system dissolved, confusing long-held beliefs and variably impacting their futures. Andrei has ridden the capitalist choo-choo to considerable enrichment as the proprietor of luxury Western menswear shops. But single mother Olga, unlucky in love, just scrapes by, while married schoolteachers Lyuba and Boris are lucky to have inherited an apartment (cramped as it is) they could otherwise ill afford. Meanwhile Ruslan, once member of a famous punk band (which he abandoned on principal because it was getting “too commercial”), both disdains and resents the new order just as he did the old one. Home movies and old footage of pageantry celebrating Soviet socialist glory make a whole ‘nother era come to life in this intimate, unexpectedly charming portrait of its long-term aftermath. (1:27) Balboa. (Harvey)

*The Names of Love Arthur (Jacques Gamblin) is a 40-ish scientist being interviewed about the threat of a bird flu epidemic when his radio broadcast is interrupted by 20-something Baya (Sara Forestier), who denounces him on-air as a “fascist” for frightening the public. But then, Baya tends to use that label rather indiscriminately, applying it to anyone who might conceivably have views to the right of the dial — and Arthur is in fact a solid liberal, which means she can bed him for love. As opposed to the many, many other men she beds as a self-described “political whore,” seeking out conservative types in order to seduce them and hopefully induce an idealogical shift by whispering sweet nothings (“Not all Arabs are thieves,” etc.) as they orgasm. Raised by parents whose emotions are so tightly wound his mother won’t acknowledge her parents were Jews killed at Auschwitz, Arthur has a hard time adjusting to a relationship with a lover who is faithful emotionally but sees promiscuity as her propagandic gift to the world. Meanwhile Baya’s largely Algerian family treats garrulous political argument as the very air they breathe. This odd-couple story written by Baya Kasmi and director Michel Leclerc deals with serious issues in both humorous and respectful fashion, making for one of the more novel, delightful and depthed French romantic comedies in a long time. Added plus: lots of antic gratuitous nudity. (1:42) Clay, Piedmont, Shattuck, Smith Rafael. (Harvey)

*Point Blank Not for nothing did Hollywood remake French filmmaker Fred Cavaye’s last film, Anything for Her (2008) as The Next Three Days (2010) — Cavaye’s latest, tauter-than-taut thriller almost screams out for a similar rework, with its Bourne-like handheld camera work, high-impact immediacy, and noirish narrative economy. Point Blank — not to be confused with the 1967 Lee Marvin vehicle —kicks off with a literal slam: a mystery man (Roschdy Zem) crashing into a metal barrier, on the run from two menacing figures until he is cornered and then taken out of the action by fate. His mind mainly on the welfare of his very pregnant wife Nadia (Elena Anaya), nursing assistant Samuel (Gilles Lellouche) has the bad luck to stumble on a faux doctor attempting to make sure that the injured man never rises from his hospital bed. As police wrangle over whose case this exactly is — the murder of an industrialist seems to have expanded the powers of the stony-faced, monolithic Commandant Werner (Gerard Lanvin) — Samuel gets sucked into the mystery man’s lot, a conspiracy that allows them to trust no one, and seemingly impossibly odds against getting out of the mess alive. Cavaye never quite stops applying the pressure in this clever, unrelenting cat-and-mouse and mouse-and-his-spouse game, topping it with a nerve-jangling search through a messily chaotic police station. (1:24) Embarcadero. (Chun)

*Rise of the Planet of the Apes “You gotta love a movie where the animals beat up on the humans,” declared my Rise of the Planet of the Apes companion. Indeed, ape must not kill ape, and this Planet of the Apes prequel-cum-remake of Conquest of the Planet of the Apes (1972) takes the long view, back to the days when ape-human relations were still high-minded enough to forbid smart apes from killing those well-armed, not-so-bright humanoids. I was a fan of the original series, but honestly, I approached Rise with trepidation: I dreaded the inevitable scenes of human cruelty meted out to exploited primates — the current wave of chimp-driven films seems focused on holding a scary, shaming mirror up to the two-legged mammalian violence toward their closest living genetic relatives. It’s a contrast to the original series, which provided prisms with which to peer at race relations and generational conflict. But I needn’t have feared this PG-13 “reboot.” There’s little CGI-driven gore, apart from the visceral opening and the showdown, though the heartbreak remains. Scientist Will (James Franco, brow perpetually furrowed with worry) is working to find a medicine designed to supercharge the brain in the wake of Alzheimer’s — a disease that has struck down his father (John Lithgow). When the experimental chimp that responds to his serum becomes violently aggressive, the project is shut down, although the primate leaves behind a surprise: a baby chimp that Will and his father name Caesar and raise like a beloved child in their idyllic Bay Area Victorian. Growing in intelligence as he matures, Caesar finds himself torn by an existential dilemma: is he a pet or a mammal with rights that must be respected? Rise becomes Caesar’s story, rendered in heart-wrenching, exhilarating ways — to director Rupert Wyatt and his team’s credit you don’t miss the performance finesse of Roddy McDowell and Kim Hunter in groundbreaking prosthetic ape face in the original movies — while resolving at least one question about why humans gave up the globe to the primates. One can only imagine the next edition will take care of the lingering question about how even the cleverest of apes will feed themselves in Muir Woods. (1:50) Empire, 1000 Van Ness, Presidio, SF Center, Sundance Kabuki. (Chun)

*Salvation Boulevard The ridiculous and ill-reputed worlds of ex-Deadheads and evangelical mega-churches collide in director George Ratliff’s Salvation Boulevard, based on Larry Beinhart’s novel of the same name. When proselytizing pastor Dan Day (Pierce Brosnan) accidentally murders an atheist professor (Ed Harris), churchgoer Carl (Greg Kinnear) tries to forget what he saw. He soon finds himself embroiled in plots involving a kidnapping in Mexico and the fundamentalist takeover of his town. Carl’s god-fearin’, brainwashed wife (Jennifer Connelly) isn’t the least bit understanding, and instead takes to painting demons to exorcise her grief. Though the film often struggles to find a consistent tone, its lampoon of spiritual hogwash (i.e. purity balls) and the sheer inanity of the situational comedy makes for pleasantly amusing satire. The real saint of the film — and no surprise here — is Marisa Tomei as a pothead security guard named Honey. (1:35) Opera Plaza, Shattuck. (Lattanzio)

Sarah’s Key (1:42) Albany, Embarcadero, Piedmont.

Sex and Zen: Extreme Ecstasy (2:09) Four Star.

30 Minutes or Less In some ways, 30 Minutes or Less is reminiscent of 2008’s Pineapple Express: both are stoner action comedies about normal people shoved into high-stakes criminal activity. But while Pineapple Express was an exciting addition to the genre, 30 Minutes or Less is a flimsy 80-minute diversion that still feels like a waste of time. Jesse Eisenberg plays Nick, a pizza delivery boy who is forced to rob a bank after two would-be criminals strap a bomb to his chest. Strangely, Eisenberg was more charming as Mark Zuckerberg in The Social Network (2010) — and his buddy Chet (Aziz Ansari) doesn’t exactly up the likability factor. There’s actually the potential for an interesting story here: something darker seems appropriate, given that 30 Minutes or Less was inspired by a true story with a very unhappy ending. But the film completely fumbles, delivering an action comedy that’s neither tense nor funny. That means the pizza’s free, right? (1:29) 1000 Van Ness, Presidio, SF Center, Shattuck. (Peitzman)

The Tree of Life Mainstream American films are so rarely adventuresome that overreactive gratitude frequently greets those rare, self-conscious, usually Oscar-baiting stabs at profundity. Terrence Malick has made those gestures so sparingly over four decades that his scarcity is widely taken for genius. Now there’s The Tree of Life, at once astonishingly ambitious — insofar as general addressing the origin/meaning of life goes — and a small domestic narrative artificially inflated to a maximally pretentious pressure-point. The thesis here is a conflict between “nature” (the way of striving, dissatisfied, angry humanity) and “grace” (the way of love, femininity, and God). After a while Tree settles into a fairly conventional narrative groove, dissecting — albeit in meandering fashion — the travails of a middle-class Texas household whose patriarch (a solid Brad Pitt) is sternly demanding of his three young sons. As a modern-day survivor of that household, Malick’s career-reviving ally Sean Penn has little to do but look angst-ridden while wandering about various alien landscapes. Set in Waco but also shot in Rome, at Versailles, and in Saturn’s orbit (trust me), The Tree of Life is so astonishingly self-important while so undernourished on some basic levels that it would be easy to dismiss as lofty bullshit. Its Cannes premiere audience booed and cheered — both factions right, to an extent. (2:18) California, Lumiere. (Harvey)

*The Trip Eclectic British director Michael Winterbottom rebounds from sexually humiliating Jessica Alba in last year’s flop The Killer Inside Me to humiliating Steve Coogan in all number of ways (this time to positive effect) in this largely improvised comic romp through England’s Lake District. Well, romp might be the wrong descriptive — dubbed a “foodie Sideways” but more plaintive and less formulaic than that sun-dappled California affair, this TV-to-film adaptation displays a characteristic English glumness to surprisingly keen emotional effect. Playing himself, Coogan displays all the carefree joie de vivre of a colonoscopy patient with hemorrhoids as he sloshes through the gray northern landscape trying to get cell reception when not dining on haute cuisine or being wracked with self-doubt over his stalled movie career and love life. Throw in a happily married, happy-go-lucky frenemy (comic actor Rob Brydon) and Coogan (TV’s I’m Alan Partridge), can’t help but seem like a pathetic middle-aged prick in a puffy coat. Somehow, though, his confused narcissism is a perverse panacea. Come for the dueling Michael Caine impressions and snot martinis, stay for the scallops and Brydon’s “small man in a box” routine. (1:52) Bridge, Shattuck. (Devereaux)

*Vigilante Vigilante Eschewing any pretense of objectivity and adopting a civic-journalism approach, Bay Area director Max Good and producer Nathan Wollman exhaustively explore the issues at stake in the current graffiti and street art scene by focusing on some unexpected, once-hidden antagonists: the so-called buffers, graffiti abatement advocates, and self-styled vigilantes who obsessively paint over graffiti in cities like Los Angeles (Joe Connolly) and New Orleans (Fred Radtke). Good wraps his interviews with well-known street artists like Shepard Fairey, cultural critics such as Stefano Bloch, and graf advocates a la SF author Steve Rotman around his central pursuit: he’s trying to uncover the identity of the Silver Buff, the mysterious figure who has splashed silver over artwork and tags in Berkeley for more than a decade. After capturing the Buff on camera in the wee hours of the morn, the documentarian get his story — it’s Jim Sharp, a stubborn preservationist intent on “beautifying” the blight, tearing down street posters, picking up trash, and covering over what he sees as vandalism, even if he has to damage the property he claims to be cleaning up. In a witty twist on if-you-can’t-beat-’em-join-’em, Good and Wollman ratchet their tale up a notch when they follow Sharp with colorful paint of their own, brilliantly driving home an appeal for freedom of expression and a reclamation of public space. (1:26) Roxie. (Chun)

The Whistleblower (1:58) Embarcadero, Shattuck, Smith Rafael.


Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Max Goldberg, Dennis Harvey, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock.

Film Listings

0

OPENING

Final Destination 5 Because Death never dies, or stops making sequels. (1:32)

Glee: The 3D Concert Movie The TV show goes cinematically 3D. (1:30)

The Help Three women (played by Emma Stone, Viola Davis, and Octavia Spencer) form an unlikely alliance in 1960s Mississippi. (2:17) Balboa, California, Presidio.

*Point Blank Not for nothing did Hollywood remake French filmmaker Fred Cavaye’s last film, Anything for Her (2008) as The Next Three Days (2010) — Cavaye’s latest, tauter-than-taut thriller almost screams out for a similar rework, with its Bourne-like handheld camera work, high-impact immediacy, and noirish narrative economy. Point Blank — not to be confused with the 1967 Lee Marvin vehicle —kicks off with a literal slam: a mystery man (Roschdy Zem) crashing into a metal barrier, on the run from two menacing figures until he is cornered and then taken out of the action by fate. His mind mainly on the welfare of his very pregnant wife Nadia (Elena Anaya), nursing assistant Samuel (Gilles Lellouche) has the bad luck to stumble on a faux doctor attempting to make sure that the injured man never rises from his hospital bed. As police wrangle over whose case this exactly is — the murder of an industrialist seems to have expanded the powers of the stony-faced, monolithic Commandant Werner (Gerard Lanvin) — Samuel gets sucked into the mystery man’s lot, a conspiracy that allows them to trust no one, and seemingly impossibly odds against getting out of the mess alive. Cavaye never quite stops applying the pressure in this clever, unrelenting cat-and-mouse and mouse-and-his-spouse game, topping it with a nerve-jangling search through a messily chaotic police station. (1:24) Embarcadero. (Chun)

*Salvation Boulevard The ridiculous and ill-reputed worlds of ex-Deadheads and evangelical mega-churches collide in director George Ratliff’s Salvation Boulevard, based on Larry Beinhart’s novel of the same name. When proselytizing pastor Dan Day (Pierce Brosnan) accidentally murders an atheist professor (Ed Harris), churchgoer Carl (Greg Kinnear) tries to forget what he saw. He soon finds himself embroiled in plots involving a kidnapping in Mexico and the fundamentalist takeover of his town. Carl’s god-fearin’, brainwashed wife (Jennifer Connelly) isn’t the least bit understanding, and instead takes to painting demons to exorcise her grief. Though the film often struggles to find a consistent tone, its lampoon of spiritual hogwash (i.e. purity balls) and the sheer inanity of the situational comedy makes for pleasantly amusing satire. The real saint of the film — and no surprise here — is Marisa Tomei as a pothead security guard named Honey. (1:35) )Opera Plaza, Shattuck. (Ryan Lattanzio)

Sex and Zen: Extreme Ecstasy Ming Dynasty-set porn on the big screen. (2:09) Four Star.

30 Minutes or Less Jesse Eisenberg and Danny McBride star in this comedy caper about a pizza delivery guy forced to rob a bank. (1:29) Presidio, Shattuck.

*Vigilante Vigilante Eschewing any pretense of objectivity and adopting a civic-journalism approach, Bay Area director Max Good and producer Nathan Wollman exhaustively explore the issues at stake in the current graffiti and street art scene by focusing on some unexpected, once-hidden antagonists: the so-called buffers, graffiti abatement advocates, and self-styled vigilantes who obsessively paint over graffiti in cities like Los Angeles (Joe Connolly) and New Orleans (Fred Radtke). Good wraps his interviews with well-known street artists like Shepard Fairey, cultural critics such as Stefano Bloch, and graf advocates a la SF author Steve Rotman around his central pursuit: he’s trying to uncover the identity of the Silver Buff, the mysterious figure who has splashed silver over artwork and tags in Berkeley for more than a decade. After capturing the Buff on camera in the wee hours of the morn, the documentarian get his story — it’s Jim Sharp, a stubborn preservationist intent on “beautifying” the blight, tearing down street posters, picking up trash, and covering over what he sees as vandalism, even if he has to damage the property he claims to be cleaning up. In a witty twist on if-you-can’t-beat-’em-join-’em, Good and Wollman ratchet their tale up a notch when they follow Sharp with colorful paint of their own, brilliantly driving home an appeal for freedom of expression and a reclamation of public space. (1:26) Roxie. (Chun)

The Whistleblower Rachel Weisz stars as a scandal-unearthing American working on a U.N. peacekeeping mission in post-war Bosnia. (1:58) Embarcadero.

ONGOING

Another Earth After serving a prison sentence for a youthful drunk-driving incident that killed two passengers in another car, Rhoda (Brit Marling) emerges no longer a blithe party girl but a haunted loner who prefers working as a high school janitor. Obsessed by her crime, she starts spying on the man it had left widowed and childless, a onetime composer (William Mapother) who like her has retreated into a solitary shell of depression. She finds a way to integrate herself (without revealing her identity) into his threadbare current existence, the two of them bonding over fascination with a newly discovered planet that appears the exact duplicate of Earth — complete with the possibility of our doubles living a parallel existence there. You can take Mike Cahill’s modestly scaled U.S. indie feature (cowritten with actor Marling) as a familiar drama about grief and repentance with a novel gloss of sci-fi, or as a sci-fi story with unusual attention to character emotions and almost no need of fantasy FX. Either way, it’s earnest, well-acted and interesting if not quite memorable; as has been noted elsewhere, the material could have fit just as effectively into a half-hour Twilight Zone episode. (1:32) Opera Plaza, Shattuck. (Harvey)

*Attack the Block The Goonies go to a South London projects, with more gore, guts, and gumption? With good reason, writer, director, and Edgar Wright/Simon Pegg cohort Joe Cornish’s own project, Attack the Block, has been getting raves at fests for its effortless, energetic originality, discernible through its thick, glottal stop-chomping, Jafaican-draped local brogue. The question posed, ever so entertainingly: what happens when you pit the toughest kids on the block against a ferocious pack of outer-space critters — not quite out to serve man but rather sever him limb from limb? We start out seeing this gang of at-risk, risk-taking youth through the peepers of a vulnerable female mugging victim and neighbor, Sam (Jodie Whittaker) — they seem as scary as any alien invader and she wants to bring down the full force of the law on them. But the pack, led by Moses (John Boyega, who charismatically scowls like a young 50 Cent), has more pressing matters at hand: a mysterious creature has come crashing down from out of the sky, and naturally, being nasty terrors, they kill it, bringing down a intergalactic shit storm of trouble. Their favorite refuge: the top-floor weed room overseen by Ron (Pegg sidekick Nick Frost), where they attempt to suss out why they’ve become the prime prey for wolfish aliens out for blood. Throw in chills, bike chases, a resourceful use of elevators and dumpsters, and an epic, eerie dubstep theme by Basement Jaxx, and you have a very fun horror-thriller that declines to preach but manages to bring home a message reminiscent of Night of the Living Dead (1968). Consider this a whole-hearted, double-fisted antidote to the fearful vigilantism of films like 2009’s Harry Brown. (1:28) Metreon. (Chun)

Beats, Rhymes & Life Actor Michael Rapaport probably didn’t set out to make a hip-hop Metallica: Some Kind of Monster (2004), but that’s pretty much where his portrait of A Tribe Called Quest ends up. The first half of Beats, Rhymes & Life: The Travels of A Tribe Called Quest is predictably worshipful, slathering on low angles and slow motion to cover mediocre live shows. More effectively, Rapaport traces the Queens group’s brief incubation period and subsequent breakthroughs in what would later be called alternative or, more obnoxiously, conscious hip-hop. A slew of notable followers and contemporaries toast Tribe’s first three albums, but by the time Rapaport catches up to the group’s 2008 reunion even their longtime friends De La Soul are wishing they’d call the whole thing off. The documentary slides into the Monster zone of hurt feelings and passive aggressive behavior in accounting for the group’s split after their inappropriately named 1998 album, The Love Movement. Phife Dawg and Q-Tip are the warring egos, though perennially slighted Phife is really no match for the imperially cool Tip. DJ Ali Shaheed Muhammad is the Kirk Hammett of the outfit, looking on helplessly as the two bigger personalities make a mess of things. There’s still novelty in a story about aging in hip-hop, but Rapaport’s portrait is utterly conventional. He also doesn’t pursue more interesting questions of race and politics that naturally follow the band’s crossover appeal. (1:38) Shattuck. (Goldberg)

*Beginners There is nothing conventional about Beginners, a film that starts off with the funeral arrangements for one of its central characters. That man is Hal (Christopher Plummer), who came out to his son Oliver (Ewan McGregor) at the ripe age of 75. Through flashbacks, we see the relationship play out — Oliver’s inability to commit tempered by his father’s tremendous late-stage passion for life. Hal himself is a rare character: an elderly gay man, secure in his sexuality and, by his own admission, horny. He even has a much younger boyfriend, played by the handsome Goran Visnjic. While the father-son bond is the heart of Beginners, we also see the charming development of a relationship between Oliver and French actor Anna (Mélanie Laurent). It all comes together beautifully in a film that is bittersweet but ultimately satisfying. Beginners deserves praise not only for telling a story too often left untold, but for doing so with grace and a refreshing sense of whimsy. (1:44) Lumiere. (Peitzman)

*Between Two Worlds In 1981 Deborah Kaufman founded the nation’s first Jewish Film Festival in San Francisco. Thirteen years later, with similar festivals burgeoning in the wake of SFJFF’s success — there are now over a hundred around the globe — she left the festival to make documentaries of her own with life partner and veteran local TV producer Alan Snitow. Their latest, Between Two Worlds, could hardly be a more personal project for the duo. Both longtime activists in various Jewish, political, and media spheres, Snitow and Kaufman were struck — as were plenty of others — by the rancor that erupted over the SFJFF’s 2009 screening of Simone Bitton’s Rachel. That doc was about Rachel Corrie, a young American International Solidarity Movement member killed in 2003 by an Israeli Defense Forces bulldozer while standing between it and a Palestinian home on the Gaza Strip. As different sides argued whether Corrie’s death was accidental or deliberate, she became a lightning rod for ever-escalating tensions between positions within and without the U.S. Jewish populace on Israeli policy, settlements, Palestinian rights, and more. Seeing the festival being used by extremists on both sides became a natural starting point for Between Two Worlds, which takes a many-sided, questioning, sometimes humorous look at culture wars in today’s American Jewish population. The fundamental question here, as Kaufman puts it, is “Who is entitled to speak for the tribe?” For the first time, the filmmakers have made themselves part of the subject matter, exploring their own very different personal and familial experiences to illustrate the diversity of the U.S. Jewish experience. (1:10) Roxie. (Harvey)

Bride Flight Who doesn’t love a sweeping Dutch period piece? Ben Sombogaart’s Bride Flight is pure melodrama soup, enough to give even the most devout arthouse-goer the bloats. Emigrating from post-World War II Holland to New Zealand with two gal pals, the sweetly staid Ada (Karina Smulders) falls for smarm-ball Frank (Waldemar Torenstra, the Dutchman’s James Franco) and kind of joins the mile high club to the behest of her conscience. The women arrive with emotional baggage and carry-ons of the uterine kind. As the harem adjusts to the country mores of the Highlands, Frank tries a poke at all of them in a series of sex scenes more moldy than smoldery. This Flight, set to a plodding score and stuffy mise-en-scene, never quite leaves the runway. Not to mention the whole picture, pale as a corpse, resembles one of those old-timey photographs of your great grandma’s wedding. These kinds of pastoral romances ought to be put out to, well, pasture. (2:10) Opera Plaza. (Lattanzio)

*Bridesmaids For anyone burned out on bad romantic comedies, Bridesmaids can teach you how to love again. This film is an answer to those who have lamented the lack of strong female roles in comedy, of good vehicles for Saturday Night Live cast members, of an appropriate showcase for Melissa McCarthy. The hilarious but grounded Kristen Wiig stars as Annie, whose best friend Lillian (Maya Rudolph) is getting hitched. Financially and romantically unstable, Annie tries to throw herself into her maid of honor duties — all while competing with the far more refined Helen (Rose Byrne). Bridesmaids is one of the best comedies in recent memory, treating its relatable female characters with sympathy. It’s also damn funny from start to finish, which is more than can be said for most of the comedies Hollywood continues to churn out. Here’s your choice: let Bridesmaids work its charm on you, or never allow yourself to complain about an Adam Sandler flick again. (2:04) Shattuck. (Peitzman)

Buck This documentary paints a portrait of horse trainer Buck Brannaman as a sort of modern-day sage, a sentimental cowboy who helps “horses with people problems.” Brannaman has transcended a background of hardship and abuse to become a happy family man who makes a difference for horses and their owners all over the country with his unconventional, humane colt-starting clinics. Though he doesn’t actually whisper to horses, he served as an advisor and inspiration for Robert Redford’s The Horse Whisperer (1998). Director Cindy Meehl focuses generously on her saintly subject’s bits of wisdom in and out of a horse-training setting — e.g. “Everything you do with a horse is a dance” — as well as heartfelt commentary from friends and colleagues. In the harrowing final act of the film, Brannaman deals with a particularly unruly horse and his troubled owner, highlighting the dire and disturbing consequences of improper horse rearing. (1:28) Opera Plaza, Shattuck. (Sam Stander)

Captain America: The First Avenger OK, Marvel. I could get behind 2008’s Iron Man (last year’s Iron Man 2, not so much), but after Thor and now Captain America, I’m starting to get cynical about this multi-year build-up to the full-on Avengers movie, due in May 2012. Can even a superhero-stuffed movie directed by Joss Whedon live up to all this hype? There’s plenty of time to ponder, and maybe worry a little, with Captain America’s backstory-explaining picture now in theaters. Chris Evans stars as the 90-pound weakling who morphs into a supersoldier, thanks to the World War II-era tinkerings of a scientist (Stanley Tucci) and an inventor (Dominic Cooper as Howard Stark, a.k.a. Iron Man’s dad). The original plan for the musclebound shield-bearer (fighting Nazis, natch) gets waylaid a bit when the newly famous Captain America becomes a PR prop for the U.S. government; it’s abandoned entirely when a worse-than-Hitler foe, in the guise of power-obsessed Red Skull (Hugo Weaving), threatens the world. Directed by Spielberg cohort Joe Johnston, Captain America is gee-whiz enjoyable enough, but it’s very nearly the same movie as Thor, which no amount of Tommy Lee Jones (as a sarcastic army colonel) wisecracks can conceal. And here’s an anti-spoiler: there’s no post-credits surprise in this one, so you can bolt as soon as they start to roll. (2:09) Empire, 1000 Van Ness, SF Center, Shattuck, Sundance Kabuki. (Eddy)

The Change-Up This brom-com just might go down as the one where Ryan Reynolds proves his acting chops by playing a creepy Peter Pan and an upstanding family man with Jason Bateman’s physical tics. And it’s almost good enough to wipe out those terrible memories of Reynolds’ dances with CGI in Green Lantern. Yet 2011 summer movies’ MVP Bateman still manages to steal all the best scenes as both the straight man and the kidult-in-a-grown-up’s-body: namely those R-pushing moments he’s changing diapers and taking a face full of baby poo, coming on like a pink-Polo’d jackass at a big-money meeting, and watching the woman of his dreams saunter into the can to cope with backfiring Thai grub. It’s the stuff of fantasy — as well as some clever writing and considerable buddy-buddy chemistry — when career-climbing, do-right lawyer Dave (Bateman) and perpetual playa Mitch (Reynolds) voice envy for each other’s lives while pissing into a magical fountain. The old switcheroo inexplicably occurs the next morning when each chum find himself in the other’s body. Fortunately the Freaky Friday (1976) kookiness that ensues rises a bit above the safe norm by plunging headlong into all the cringey discomfort that comes with watching babies toy with cleavers and electrical outlets. The Change-Up is completely ludicrous, fo’ sho’, and never really strays from the reassuring confines of its story arc, but the laughs accompanying its morning-afters will satisfy more than any new Hangover. (1:52) Four Star, Marina, 1000 Van Ness, Shattuck. (Chun)

Cowboys and Aliens Here ’tis in a nutshell: the movie’s called Cowboys and Aliens — and that’s exactly, entirely what you’ll get. Director Jon Favreau may never best 2008’s Iron Man (actor Jon Favreau will prob never top 1996’s Swingers, but that’s a debate for another time), but that doesn’t mean he won’t have a good time trying. Cowboys is a genre mash-up in the most literal sense; as the title suggests, it pits Wild West gunslingers (Harrison Ford as a crabby cattleman, Daniel Craig as an amnesiac outlaw) against gold-seeking space invaders who also delight in kidnapping and torturing humans. As stupidly entertaining as it is, this is a textbook example of a pretty OK movie that could have been so much better … if only. If only the alien characters had a little bit more District 9-style personality. If only the story had a shred of suspense — look ye not here for “spooky” and “mysterious;” this shit is 100 percent full-on explosions. If only Craig’s comically fine-tooled physique didn’t outshine his wooden acting. And so forth. (1:58) Balboa, 1000 Van Ness, Presidio, SF Center. (Eddy)

Crazy, Stupid, Love Keep the poster’s allusion to 1967’s The Graduate to one side: there aren’t many revelations about midlife crises in this cleverly penned yet strangely flat ensemble rom-com, awkwardly pitched at almost every demographic at the cineplex. There’s the middle-aged romance that’s withered at the vine: nice but boring family man Cal (Steve Carell) finds himself at a hopeless loss when wife and onetime teenage sweetheart Emily (Julianne Moore) tells him she wants a divorce and she’s slept with a coworker (Kevin Bacon). He ends up waxing pathetic at a slick nightclub where he catches the eye of the well-dressed, spray-tanned smoothie Jacob (Ryan Gosling), who appears to have taken his ladies man stance from the Clooney playbook. It’s manly makeover time: GQ meets Pretty Woman (1990)! Cut to Cal and Emily’s babysitter Jessica (Analeigh Tipton), who is crushing out on Cal, while the separated couple’s tween Robbie (Jonah Bobo) hankers for Jessica. Somehow Josh Groban worms his way into the mix as the dullard suitor of Hannah (Emma Stone) in a hanging chad of a storyline that must somehow be resolved in this mad, mad, mad, mad — actually, the problem with Crazy, Stupid, Love is that it isn’t really that crazy. It tries far too hard to please everybody in the theater to its detriment, reminding the viewer of a tidy, episodic TV series (albeit a quality effort) like Modern Family more than an actual film. Likewise I yearned for a way to fast-forward through the too-cute Jessica-Robbie scenes in order to get back to the sleazy-smart, punchy complexity of Gosling, playing adeptly off both Carrell and Stone. (1:58) Marina, 1000 Van Ness, SF Center, Shattuck, Sundance Kabuki. (Chun)

*Crime After Crime In 1983, Deborah Peagler was sentenced to 25 years to life for first-degree murder in the death of her former boyfriend Oliver Wilson, whom two local L.A. gang members had strangled — supposedly at her behest. Encouraged to plead guilty to avoid the death penalty, Peagler had a juryless trial and was quickly shunted off to prison. There she was repeatedly turned down for parole despite spending the years of her incarceration as a church leader, mentor, and tutor to other inmates; a highly skilled electronics-assembly supervisor; earning two degrees; and sustaining good long-distance relationships with her two daughters. Even most of the victim’s surviving relatives had come to believe she should have been released years earlier. For her part, Peagler always claimed she intended Wilson to be beaten, but had not asked for or condoned his murder. What was missing (or suppressed) from the original trial were the myriad reasons she’d wanted to frighten him away from herself and her family, including the fact that he’d frequently beaten her. Walnut Creek attorneys Nadia Costa and Joshua Safran agreed to take on Peagler’s case pro bono, and they launched what turned into years of effort during which her cause becomes a public cause célèbre, and indications emerge of some very ugly misconduct by the District Attorney’s office. This battle is chronicled in Bay Area filmmaker Yoav Potash’s documentary Crime After Crime. It’s a story with plenty of lurid and tragic revelations, ranging from child sexual abuse to terminal illness to hidden evidence of perjury. The film won’t exactly stoke your faith in the justice system, but this thoroughly engrossing document does affirm that there is hope good people can and will fight the system. (1:33) Roxie, Smith Rafael. (Harvey)

The Devil’s Double Say hello to my little friend, again— and rest assured, it’s not a dream and you’re seeing double. New Zealand filmmaker Lee Tamahori gets back to his potboiler roots with this campy, claustrophobic look back at the House of Saddam Hussein, based on a true story and designed to win over fans of Scarface (1983) with its portrait of mad excess and deca-dancey ’80s-ish soundtrack. The craziest poseur of all is Hussein’s son Uday (Dominic Cooper), a petty dictator-in-the-making — and, according to this film, a full-fledged murderous pedophile — who chomps cigars and wraps his jaws around schoolgirls while Cooper happily chews scenery. Uday needs a double to sidestep all those troublesome assassination attempts, so he enlists look-alike childhood friend Latif (also Cooper) to get the surgery, pop in the overbite, bray like a madman, make appearances in his stead, and function as a kind of pet human. Never mind Ludivine Sagnier, glassy-eyed and absurd in the role of Uday’s favorite sex kitten Sarrab — Double is completely Cooper’s, who seizes the moment, investing the morally upstanding Latif with a serious sincerity with just his eyes and body language and infusing evil odd job Uday with a dangerous, comic-book unpredictability. To his credit, Cooper imbues such cult-ready, blow-the-doors-off lines as “I love cunt! I love cunt more than god!” with, erm, believability, even as the denouement rings somewhat false. (1:48) California, SF Center, Sundance Kabuki. (Chun)

*Friends With Benefits If you see only one romantic comedy this summer about a sex-sans-pair-bonding pact between a girl and a guy saddled with intimacy issues — well, chances are, if you tend to see movies with premises like this, you probably already saw No Strings Attached. In which case, poor unlucky Friends with Benefits may be filed away in your brain as that other movie about fuckbuddies, the one in which Ashton Kutcher is played by Justin Timberlake and Natalie Portman (in a slightly eerie cosmic echo of last year’s Black Swan) is played by Mila Kunis. But if you see two such movies this summer, and admit it, you probably might, you’ll likely agree that FWB kicks NSA‘s booty call, particularly in the areas of scriptwriting ingenuity, pacing, and the casting subcategory of basic chemistry between romantic leads, with points possibly taken off for shark-jumping use of flash mobs and the fact that the maddeningly sticky song “Closing Time” will now be with you from closing credits ’til doomsday. This is not a searing, psychologically nuanced portrayal of two young people’s struggles to grapple with modern-day sexual mores and their own crippling pathologies — rather, the pair’s emotional baggage mostly seems to be stuffed with packing peanuts, and scenes in which they catalog their sexual proclivities in a humorously businesslike, gently raunchy fashion reveal them to be hearteningly adept at the art of communication. But such moments keep us entertained as the film, salted with light jabs at the genre’s worn-down touchstones yet utterly complicit, depicts the inevitable stages of a non-relationship relationship. (1:44) 1000 Van Ness, Sundance Kabuki. (Rapoport)

The Guard Irish police sergeant Gerry Boyle (Brendan Gleeson) is used to running his small town on his own terms — not in a completely Bad Lieutenant (1992) kind of way, though he’s not afraid to sample drugs and hang with hookers. More like, he’s been running the show for years, and would prefer that big-city cops stay the hell out of his village. Alas, a gang of drug smugglers is doing business in the area, so an officious group of investigators from Dublin (horrors!) and America (in the form of an FBI agent played by Don Cheadle) soon descend. His mother’s dying, his brand-new partner’s missing, and between all the interlopers on both sides of the law, Boyle’s having a hard time having a pint in peace. Good thing he’s not as simple-minded as all who surround him think he is. Writer-director John Michael McDonagh (brother of playwright Martin, who directed 2008’s In Bruges — also starring Gleeson) puts an affable Irish spin on what’s essentially a pretty typical indie comedy, with some pretty typical crime-drama elements layered atop. Boyle’s character is memorably clever, but the film that contains him never quite elevates to his level. (1:36) Embarcadero, Shattuck, Sundance Kabuki. (Eddy)

*Harry Potter and the Deathly Hallows Part 2 Chances are you aren’t going to jump into the Harry Potter series with Harry Potter and the Deathly Hallows Part 2. So while the movie is probably the best Harry Potter film yet, it’s more a fitting conclusion than a standalone film. For fans of the books, there are no real surprises — this is a close adaptation. And for those Harry Potter movie fans who haven’t read the books, shame on you, and kudos if you managed to not get spoiled. It’s hard for me to offer a serious critical analysis of Part 2, because it represents the end of a long and very emotional journey. (Everyone in that audience was crying. Everyone.) I will say that, as was the case in the book, there are a few overdone, schmaltzy moments that aren’t really necessary. But in the context of the series, they’re forgivable — this may not be the great cinematic event of our generation, but Harry Potter as a whole is sure to be one of our most enduring cultural icons. (2:10) Empire, Sundance Kabuki. (Peitzman)

Horrible Bosses Lead by a clearly talented ensemble of comic actors, Horrible Bosses is yet another example of a big-budget summer comedy with a promising conceit (see Bad Teacher) that fails to deliver anything but crude alms to the lowest common denominator. Seth Gordon directs Jason Bateman, Jason Sudeikis, and Charlie Day as three pals fed up with their evil employers (Kevin Spacey, Colin Farrell and Jennifer Aniston, respectively) so they hatch a plan to have them killed. Because the answer to their problem obviously lies in a dive bar in the “bad part of town,” Jamie Foxx plays Motherfucker Jones, their murder consultant and the film’s most likable character-stereotype. In the tradition of The Hangover (2009) and its ilk of beer-guzzling, frat-boy cousins, Horrible Bosses is a disastrous pile-up of idiocy that’s more vapid than vulgar despite a few amusing performances. See it for no other reason than Michael Bluth and Charlie Kelly on coke. (1:33) 1000 Van Ness. (Lattanzio)

Life in a Day (1:30) Balboa.

*Magic Trip How to bottle the lysergic thrills and chills of a monumental road trip that marked the close of the Beat Generation era and the dawn of the hippie years? Remarkably, Ken Kesey and his Merry Pranksters did just that — and with the help of directors-writers Alison Ellwood and Alex Gibney, their efforts have been retrieved from the swamps of yesterday. You don’t have to be a Summer of Love easy rider, Kesey reader, Deadhead, or acid gobbler to appreciate the freewheeling energy and epoch-making antics of Magic Trip, which arrives well-outfitted in much invaluable, real-deal-y footage and audio of Kesey, driver Neal Cassady, and the proto-Merry Pranksters, shot during their 1964 trip from La Honda to the World’s Fair in NYC, off, on, and hovering 10 miles above the paint-strewn school bus named Further. Already viewed through the lens of Tom Wolfe’s The Electric Kool-Aid Acid Test, the trip unfolds in all its truly weird, silly, LSD-laden, improvised, awkward, flailing, freeing glory, as the filmmakers gracefully sidestep the audio sync problems that drove Kesey to give up on assembling the film himself. Instead Ellwood and Gibney contextualize the hijinks with voice-over interviews from Pranksters prepped to look back on the journey’s consciousness-expanding trips, both good and bad, and imaginatively animate memorable asides, including a tape recording of Kesey’s first LSD experiments as a Stanford student. “What long, strange trip,” indeed — and this affectionate document viscerally, wonderfully conveys why it changed lives as well. (1:47) Lumiere. (Chun)

Midnight in Paris Owen Wilson plays Gil, a self-confessed “Hollywood hack” visiting the City of Light with his conservative future in-laws and crassly materialistic fiancée Inez (Rachel McAdams). A romantic obviously at odds with their selfish pragmatism (somehow he hasn’t realized that yet), he’s in love with Paris and particularly its fabled artistic past. Walking back to his hotel alone one night, he’s beckoned into an antique vehicle and finds himself transported to the 1920s, at every turn meeting the Fitzgeralds, Gertrude Stein (Kathy Bates), Dali (Adrien Brody), etc. He also meets Adriana (Marion Cotillard), a woman alluring enough to be fought over by Hemingway (Corey Stoll) and Picasso (Marcial di Fonzo Bo) — though she fancies aspiring literary novelist Gil. Woody Allen’s latest is a pleasant trifle, no more, no less. Its toying with a form of magical escapism from the dreary present recalls The Purple Rose of Cairo (1985), albeit without that film’s greater structural ingeniousness and considerable heart. None of the actors are at their best, though Cotillard is indeed beguiling and Wilson dithers charmingly as usual. Still — it’s pleasant. (1:34) Albany, Embarcadero, 1000 Van Ness, Piedmont, Sundance Kabuki. (Harvey)

*My Perestroika Robin Hessman’s very engaging documentary takes one very relatable look at how changes since glasnost have affected some average Russians. The subjects here are five thirtysomethings who, growing up in Moscow in the 70s and 80s, were the last generation to experience full-on Communist Party indoctrination. But just as they reached adulthood, the whole system dissolved, confusing long-held beliefs and variably impacting their futures. Andrei has ridden the capitalist choo-choo to considerable enrichment as the proprietor of luxury Western menswear shops. But single mother Olga, unlucky in love, just scrapes by, while married schoolteachers Lyuba and Boris are lucky to have inherited an apartment (cramped as it is) they could otherwise ill afford. Meanwhile Ruslan, once member of a famous punk band (which he abandoned on principal because it was getting “too commercial”), both disdains and resents the new order just as he did the old one. Home movies and old footage of pageantry celebrating Soviet socialist glory make a whole ‘nother era come to life in this intimate, unexpectedly charming portrait of its long-term aftermath. (1:27) Balboa. (Harvey)

*The Names of Love Arthur (Jacques Gamblin) is a 40-ish scientist being interviewed about the threat of a bird flu epidemic when his radio broadcast is interrupted by 20-something Baya (Sara Forestier), who denounces him on-air as a “fascist” for frightening the public. But then, Baya tends to use that label rather indiscriminately, applying it to anyone who might conceivably have views to the right of the dial — and Arthur is in fact a solid liberal, which means she can bed him for love. As opposed to the many, many other men she beds as a self-described “political whore,” seeking out conservative types in order to seduce them and hopefully induce an idealogical shift by whispering sweet nothings (“Not all Arabs are thieves,” etc.) as they orgasm. Raised by parents whose emotions are so tightly wound his mother won’t acknowledge her parents were Jews killed at Auschwitz, Arthur has a hard time adjusting to a relationship with a lover who is faithful emotionally but sees promiscuity as her propagandic gift to the world. Meanwhile Baya’s largely Algerian family treats garrulous political argument as the very air they breathe. This odd-couple story written by Baya Kasmi and director Michel Leclerc deals with serious issues in both humorous and respectful fashion, making for one of the more novel, delightful and depthed French romantic comedies in a long time. Added plus: lots of antic gratuitous nudity. (1:42) Clay, Piedmont, Shattuck, Smith Rafael. (Harvey)

*Rise of the Planet of the Apes “You gotta love a movie where the animals beat up on the humans,” declared my Rise of the Planet of the Apes companion. Indeed, ape must not kill ape, and this Planet of the Apes prequel-cum-remake of Conquest of the Planet of the Apes (1972) takes the long view, back to the days when ape-human relations were still high-minded enough to forbid smart apes from killing those well-armed, not-so-bright humanoids. I was a fan of the original series, but honestly, I approached Rise with trepidation: I dreaded the inevitable scenes of human cruelty meted out to exploited primates — the current wave of chimp-driven films seems focused on holding a scary, shaming mirror up to the two-legged mammalian violence toward their closest living genetic relatives. It’s a contrast to the original series, which provided prisms with which to peer at race relations and generational conflict. But I needn’t have feared this PG-13 “reboot.” There’s little CGI-driven gore, apart from the visceral opening and the showdown, though the heartbreak remains. Scientist Will (James Franco, brow perpetually furrowed with worry) is working to find a medicine designed to supercharge the brain in the wake of Alzheimer’s — a disease that has struck down his father (John Lithgow). When the experimental chimp that responds to his serum becomes violently aggressive, the project is shut down, although the primate leaves behind a surprise: a baby chimp that Will and his father name Caesar and raise like a beloved child in their idyllic Bay Area Victorian. Growing in intelligence as he matures, Caesar finds himself torn by an existential dilemma: is he a pet or a mammal with rights that must be respected? Rise becomes Caesar’s story, rendered in heart-wrenching, exhilarating ways — to director Rupert Wyatt and his team’s credit you don’t miss the performance finesse of Roddy McDowell and Kim Hunter in groundbreaking prosthetic ape face in the original movies — while resolving at least one question about why humans gave up the globe to the primates. One can only imagine the next edition will take care of the lingering question about how even the cleverest of apes will feed themselves in Muir Woods. (1:50) Empire, 1000 Van Ness, Presidio, SF Center, Sundance Kabuki. (Chun)

Sarah’s Key (1:42) Albany, Embarcadero, Piedmont.

The Smurfs in 3D (1:43) 1000 Van Ness.

The Tree of Life Mainstream American films are so rarely adventuresome that overreactive gratitude frequently greets those rare, self-conscious, usually Oscar-baiting stabs at profundity. Terrence Malick has made those gestures so sparingly over four decades that his scarcity is widely taken for genius. Now there’s The Tree of Life, at once astonishingly ambitious — insofar as general addressing the origin/meaning of life goes — and a small domestic narrative artificially inflated to a maximally pretentious pressure-point. The thesis here is a conflict between “nature” (the way of striving, dissatisfied, angry humanity) and “grace” (the way of love, femininity, and God). After a while Tree settles into a fairly conventional narrative groove, dissecting — albeit in meandering fashion — the travails of a middle-class Texas household whose patriarch (a solid Brad Pitt) is sternly demanding of his three young sons. As a modern-day survivor of that household, Malick’s career-reviving ally Sean Penn has little to do but look angst-ridden while wandering about various alien landscapes. Set in Waco but also shot in Rome, at Versailles, and in Saturn’s orbit (trust me), The Tree of Life is so astonishingly self-important while so undernourished on some basic levels that it would be easy to dismiss as lofty bullshit. Its Cannes premiere audience booed and cheered — both factions right, to an extent. (2:18) California, Lumiere. (Harvey)

*The Trip Eclectic British director Michael Winterbottom rebounds from sexually humiliating Jessica Alba in last year’s flop The Killer Inside Me to humiliating Steve Coogan in all number of ways (this time to positive effect) in this largely improvised comic romp through England’s Lake District. Well, romp might be the wrong descriptive — dubbed a “foodie Sideways” but more plaintive and less formulaic than that sun-dappled California affair, this TV-to-film adaptation displays a characteristic English glumness to surprisingly keen emotional effect. Playing himself, Coogan displays all the carefree joie de vivre of a colonoscopy patient with hemorrhoids as he sloshes through the gray northern landscape trying to get cell reception when not dining on haute cuisine or being wracked with self-doubt over his stalled movie career and love life. Throw in a happily married, happy-go-lucky frenemy (comic actor Rob Brydon) and Coogan (TV’s I’m Alan Partridge), can’t help but seem like a pathetic middle-aged prick in a puffy coat. Somehow, though, his confused narcissism is a perverse panacea. Come for the dueling Michael Caine impressions and snot martinis, stay for the scallops and Brydon’s “small man in a box” routine. (1:52) Bridge, Shattuck. (Devereaux)

 

Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Max Goldberg, Dennis Harvey, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock.

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FILM In 1983, Deborah Peagler was sentenced to 25 years to life for first-degree murder in the death of her former boyfriend Oliver Wilson, whom two local L.A. gang members had strangled — supposedly at her behest, to access Wilson’s life insurance money.

Encouraged to plead guilty to avoid the death penalty, Peagler had a juryless trial and was quickly shunted off to prison. There she was repeatedly turned down for parole despite spending the years of her incarceration as a church leader, mentor, and tutor to other inmates; a highly skilled electronics-assembly supervisor; earning two degrees; and sustaining good long-distance relationships with her two daughters. Even most of the victim’s surviving relatives had come to believe she should have been released years earlier. For her part, Peagler always claimed she intended Wilson to be beaten, but had not asked for or condoned his murder.

What was missing (or suppressed) from the original trial were the myriad reasons she’d wanted to frighten him away from herself and her family. She was a pregnant 15-year-old high schooler when she first met Wilson, a charismatic sometimes model who charmed her by taking a fatherly interest in her firstborn. But when money got tight, he abruptly insisted she turn tricks. Initial refusal brought beatings that only increased over time despite her reluctant subsequent acquiescence, stopping just briefly when she bore his own child.

Soon Wilson was dealing drugs, then taking drugs; he kept Peagler a virtual prisoner, refusing to let her speak to friends or relatives. When an eviction forced their temporary separation, he stormed into her family’s home with two armed men, threatening to kill them all. For this he was jailed exactly one night, making new death threats in retaliation for the police being called at all. At this point in 1982 she contacted the Crips members (who viewed that home invasion by an outsider in their territory as a serious offense) to frighten Wilson away before he actually killed anyone.

At the time of her trial, testimony on “battering and its effects” were not allowed as circumstantial evidence in California courts, despite — as we now know — the overwhelming majority of U.S. women being victims of domestic violence, rape, or other abuses. (In 1979 President Carter gave a huge boost to the nascent overall cause by establishing the Federal Office of Domestic Violence. Two years later, Reagan shuttered it.) In 1992 that changed, allowing new cases to benefit — although cases already tried could not be re-opened with evidence previously excluded.

A decade later that, too, changed. Walnut Creek attorneys Nadia Costa and Joshua Safran agreed to take on Peagler’s case pro bono, stepping well outside their usual land-use litigation. They launched what turned into years of effort during which her cause becomes a public cause célèbre, and indications emerge of some very ugly misconduct by the District Attorney’s office.

This battle — all the above is just a starting point — is chronicled in Bay Area filmmaker Yoav Potash’s documentary Crime After Crime. It’s a story with plenty of lurid and tragic revelations, ranging from child sexual abuse to terminal illness to hidden evidence of perjury. After a certain point it becomes clear the D.A.’s office isn’t opposing Peagler’s release because she’s guilty as charged (though nearly everyone by then agrees she should have been tried for manslaughter with a maximum sentence of six years), but because it has dirty secrets of its own to protect and deny.

Crime After Crime won’t exactly stoke your faith in the justice system. But this thoroughly engrossing document does affirm that there is hope good people can and will fight the system — even if, alas, it sometimes takes nearly three to score one bittersweet win.

Crime After Crime opens Fri/5 in Bay Area theaters.

Dismantle death row

0

The moment has arrived to eliminate the death penalty in California and, for the first time in decades, it is a goal we can accomplish.

My legislation, Senate Bill 490, would close death row and replace the death penalty with life imprisonment without the possibility of parole. Last week it passed its first legislative test by a vote of 5-2 in the Assembly Public Safety Committee.

The witnesses who appeared in support of the bill were most certainly not people we think of as the usual suspects. One of them — Don Heller — was the author of the 1978 initiative that reinstituted the death penalty in California. A former prosecutor and a Republican, Heller now believes it should be eliminated. He says it has been applied unequally, that at least one possibly innocent person has been executed, and that it is not making us safer in our communities.

More striking testimony came from Jeanne Woodford, who presided over four executions as the warden of San Quentin State Prison, where she worked for almost 27 years. She called the death penalty process a “broken, costly, failed system.”

Finally, Judith Kerr testified about the heartbreaking murder of her beloved brother in 2003. “I want Bob’s killer to be apprehended and punished — I do not want someone else’s brother to be killed and I do not want to wait 25 years for the case to finally close,” she said. “Public safety would be better served by spending the money solving the 46 percent of California murders that go unsolved every year.”

Reconsidering the death penalty is particularly important at a time when the state is making heartbreaking cuts to higher education, children’s health, help for the elderly and disabled, and all the great public institutions took decades to build and that are now being allowed to wither. The fact is, the death penalty is costing us a fortune.

Since 1978, California has spent approximately $4 billion on death penalty costs and has executed only 13 people. That’s $308 million per condemned inmate. And every year it costs Californians $185 million more to maintain the 714 prisoners on death row than if they were housed in a maximum-security prison.

We aren’t being tough on crime; we’re just being tough on the taxpayer.

Those stunning figures come from a study released earlier this week by U.S. Ninth Circuit Judge Arthur L. Alarcon and Loyola Law School professor Paula M. Mitchell. Their neutral analysis, based on previously unavailable data from the California Department of Corrections, estimates the state could save $1 billion every five years by replacing the death penalty with life in prison without parole.

It might seem counterintuitive that sentencing people to death is more costly than life in prison without parole. But death penalty cases require longer trials, careful investigation, heightened security, and legal reviews mandated by both the state and federal constitutions. A death penalty trial can cost as much as 20 times more than sentencing an inmate to life without parole.

It’s more likely for a death row prisoner in California to die of illness, suicide, or old age than execution.

As a state senator, a mother, and a grandmother, I cannot justify this expense. Not when we are all tightening our belts and accepting deep cuts to education, health care, and environmental protections — cuts that diminish the life prospects for us and for generations to come.

My bill would also eliminate the risk of wrongful execution. At least 138 people across the country have been released from death row after new evidence emerged proving they were innocent.

Opponents claim that public support for the death penalty is strong in California. However, a 2011 poll released by David Binder Research found that 63 percent of likely California voters support replacing the death penalty with permanent imprisonment without the chance of parole. It seems that voters have had enough.

Now is the time. Eliminating the death penalty will save hundreds of millions of dollars every year. It is the right thing to do.

State Senator Loni Hancock represents the East Bay.

 

Editor’s notes

16

tredmond@sfbg.com

I’m not prone to agreeing with right-wing nuts from Riverside County, but there’s a county supervisor down there named Jeff Stone who has a dandy idea. He wants to secede.

According to the Los Angeles Times, Stone is proposing that 13 counties in the southland and inland empire split off and become their own state, which would be called South California. We’re talking everything south of Madera, with the coastal counties (and Los Angeles) left behind. A real conservative haven of low taxes and limited regulation.

And I say: Go for it, pal. I’m completely with you.

Imagine what would happen if Supervisor Stone got his way. There would be no more budget paralysis in the California Legislature. Democrats would control two-thirds of both houses and could pass a budget that included higher taxes on the rich and big corporations. Candidates for governor wouldn’t have to worry about getting votes from the conservative parts of the state, so they could talk more honestly about the major issues. Same-sex marriage would pass the first week. Pot would be legal. The death penalty would be gone in a year or two.

It might take a while longer to amend Prop. 13, but with the ability to raise revenue instead of just cutting, California could begin to fund the schools adequately, rebuild the state university system, and move forward with projects like high-speed rail.

And let’s remember: those counties that want to leave? They elect representatives who won’t vote for taxes — but they are the biggest beneficiaries of state revenues. The northern and coastal counties, the more liberal ones, pay more in taxes than we get in services. Our taxpayers are subsidizing their tax haters.

So go on — leave. We’ll keep our money here.

Now, just to our south and east would be a train wreck of a state with few public services — but South California would still be part of America, so people could move north without worrying about immigration papers. I’d propose that we set up a state fund to resettle refugees from Republicanland.

And maybe, after a while, the people who have to live with crappy schools and crumbling roads will look across the border and say, Why do they have it so good? And maybe they’ll start to think differently about the role of government.

SoCal secede? Why is this bad?

48

I’ve been talking for years now about how Californians would be better off if we split up the state. Why should those of us who want to live in a civilized society be held hostage to a small cadre of right-wing nuts who have paralyzed the Legislature and are interested only in destroying the public sector?


And now, one of those wingnuts seems to agree with me. A Riverside County supervisor named Jeff Stone wants to take 13 conservative counties from the south and the inland empire and create a new state of South California. I say: Why not?


Those counties vote for Republicans who vow to cut taxes and spending — and, of course, those counties also get more in state money than they contribute in taxes. That is, San Franciscans and people in Los Angeles are subsidizing with our tax dollars counties that elect people who don’t want taxes.


Fine. Leave us. Without those counties, California would have a two-thirds Democratic majority in both houses, easy. The state would be able to raise taxes to balance the budget. California’s credit rating would improve and the cost of bonds would drop. A Democrat could run for governor without pandering to the conservatives. Maybe we could even get rid of the death penalty.


South California would be an economic basket case — but it would still be part of America, so the Democrats and sane people who are stuck living there would be able to move north without worrying about ICE. I’d even propose setting aside a state fund (maybe equal to some percentage of what California now spends subsidizing the tax haters) to help pay relocation expenses for low-income liberal refugees.


Seriously: They want to leave, we don’t want them here … why not make everybody happy and let South California go?  

SFBG Poll: Abolishing the death penalty

0

State Sen. Loni Hancock is moving to abolish the death penalty. It’s something others, including Sen. Mark Leno, have pushed in the past, but it’s a tough political scrap — the move would require a statewide vote, and it’s not clear that the money or organizational effort is there for this fall. Of course, the governor could solve the problem with a stroke of his pen, by simply commuting all death sentences to life without parole — but I don’t think he’s going to do that. The best move might well be a coordinated campaign in the fall of 2012, putting together the growing number of law enforcement types who don’t like the current system, the traditional death penalty foes, and the more conservative people who just think it’s too much of a waste of money.


Is it time to get rid of the death penalty? When and how? Vote after the jump.





Free polls from Go2poll.com

Could CA really, actually end the death penalty?

32

I don’t know. Maybe not this year. But we’re getting a lot closer — and in the end, it’s not coming down to morality or cruelty or effectiveness but to money.


State Sen. Loni Hancock of Berkeley had a hearing July 7 on the issue, and has a bill to replace death sentences with sentences of life without parole. Honestly? It’s the same thing right now, for all practical purposes — the number one cause of death on Death Row is old age. The whole process is so (necessarily) lengthy and expensive that it just doesn’t work. And it’s costing the taxpayers a fortune.


Wouldn’t it be odd if, after all these years people like me have spent talking about the inhumanity, unfairness and grisly brutality of the death penalty, it fiscal conservative argument carried the day and we stopped executions to save money? But hell, I’ll take it.

Cost of the death penalty: $4 billion

28

Since 1978, California has spent more than $4 billion to execute a grand total of 13 people. The cost per killing: $308 million.


That’s the results of a new study reported in the L.A. Times. Among the findings:


The state’s 714 death row prisoners cost $184 million more per year than those sentenced to life in prison without the possibility of parole.

A death penalty prosecution costs up to 20 times as much as a life-without-parole case.

The least expensive death penalty trial costs $1.1 million more than the most expensive life-without-parole case.

Jury selection in a capital case runs three to four weeks longer and costs $200,000 more than in life-without-parole cases.

The state pays up to $300,000 for attorneys to represent each capital inmate on appeal.

The heightened security practices mandated for death row inmates added $100,663 to the cost of incarcerating each capital prisoner last year, for a total of $72 million.


Wow, is this ever a great way to spend public money.


I wonder when the state’s official cheapskate, Gov. Jerry Brown, will come to his senses and announce a moratorium on executions and commute all the existing sentences to life without parole.

Candidates land punches in first D.A. debate

5

District Attorney and former SFPD Chief George Gascón, Alameda County Deputy District Attorney Sharmin Bock, and former San Francisco Police Commissioner David Onek all landed solid punches during a three-way District Attorney debate that was co-hosted by the San Francisco Young Democrats and the Alice B. Toklas LGBT Democratic Club, and moderated by Recorder editor Scott Graham. The primary sponsor of the debate was the City Democratic Club, according to CDC President Jim Reilly. So, thanks CDC for helping to pull off a great event.

The debate was framed as a choice between Bock, a veteran prosecutor with leadership experience, Gascón, a career cop with managerial experience, and Onek, a former San Francisco Police Commissioner and criminal justice reform expert. And above all it proved that if you lock three attorneys in the same room and pit them in a three-way fight, you’ll be rewarded with a blood sport spectacle.

Bock kicked off by noting that there are many similarities between the three candidates—except when it comes to independence and experience “Experience matters,” Bock said, throwing a one-two punch at Gascón and Onek. “The job of the District Attorney is not a management job, a police job or a job for someone with just a law degree. It needs a veteran prosecutor,” she said—remarks that resonated well with the crowd, judging from the applause.

But after a few niceties, Gascón shot right back at Bock and Onek. “I am the only one who has led large organizations and pushed public policy forward in an effective manner,” he said.

And Gascón struck a home run when he revealed that when he took the job of Chief of Police in Mesa, Arizona, he was “facing one of the most toxic environments” in terms of hatred towards people of color and the LGBT community–and that he did something about it, by standing up to anti-immigrant Sheriff Joe Arpaio of Maricopa County, and protecting the local LGBT community’s right to protest.

When it was his turn to speak, Onek fired off his own rounds at Bock and Gascón, noting that the state’s criminal justice system is broken—and claiming that it will take an outsider to fix it.
“This is a once-in-a-lifetime opportunity to reform the criminal justice system,” Onek said, laying out his reform-minded track record.

And then he stuck it to both Bock and Gascón by stating that the death penalty does not work. “I will never seek it in San Francisco under any circumstances,” Onek said, earning excited applause, as he noted that he’ll look at all policy question through the prism of three questions: ‘Does it make us safer, is it cost effective and is it fair and equitable?”

Onek also noted that neither the Supreme Court’s ruling that California must reduce its prison population by 30,000, nor Gov. Jerry Brown’s call for prisoner realignment, come with any money.
‘That’s a disaster,” observed Onek, as he stressed the need to demand resources to help deal with the upcoming load of prisoners that about to return to San Francisco.

Gascón fielded questions about whether they are enough people of color and LGBT background in management in the D.A.’s Office. “Well, I think there’s definitely always room for improvement in any organization,” he said, noting that he has a history in the Los Angeles Police Department, the Mesa, Arizona Police Department and the SFPD, “of pushing very aggressively to have diversity within the office.”
But he started a bit of a buzz when he said it was “really a surprise to me that I promoted the first male, black, police captain to the San Francisco Police Department.”
“You would think that there have been, you know, male African-Americans in that department for many years. It was hard for me to believe that actually in 2009 we had not had one,”  Gascón continued, a remark that got some debate observers asking afterwards, if this meant that Gascón really did not know that former SFPD Chief Earl Sanders was a black male.

Meanwhile, Bock was happily trampling all over the sit-lie legislation that then SFPD Chief Gascón and Mayor Newsom backed last fall, as she noted that more foot patrols and community policy are what’s actually needed. “Political hot-button measures don’t work,” Bock said. “Both sides agree it hasn’t worked. It’s the wrong response to the real problem.

Asked if he had a conflict of interest, when it comes to investigating allegations of police misconduct, Gascón claimed the problem is limited to a small number of officers, adding, “if the allegations are true.”

“In reality the majority of the SFPD are hard-working people doing the right thing,” he said. “And there has been only one challenge—and our office has prevailed,” Gascón said. “However, there have been a finite number of cases where I personally adjudicated the bad conduct—and those will be handled by the Attorney General’s office.”

Bock stressed that she was not in favor of sending drug offenders to prison and would focus on restorative justice, instead. Asked if she would have a panel on her staff review potential death penalty cases, Bock confirmed that she is committed to having a Special Circumstances Committee, as D.A. Kamala Harris did, to get input around the facts and from lawyers involved in such cases.“The ultimate decision is mine, and I oppose the death penalty,” Bock said, noting that she does not believe that 12 jurors will return a unanimous death penalty verdict. “But I do think as prosecutor you need to go case by case.”

Asked if he would have sought the death penalty in a case like the L.A. Night Stalker, who murdered 13 people, many of them elderly, Gascón said, “Probably not. All of us agree that the death penalty is not a good tool. But it is part of our system, and I continue to have the system Kamala Harris had in place. At the end of the day, it’s my decision, and I’m the only one in the room, who can say I’ve already turned down the death penalty.”

Agreeing with Bock that a jury is unlikely to go for the death penalty, Gascón maintained that the death penalty is “an illusory issue,” and that the real question is, “How do we rewrite the State Constitution [so the death penalty is not on the books]?”

Asked how he felt about marijuana, Gascón said he doesn’t believe folks should be incarcerated for use—and that folks are already being diverted to community courts in those instances.

But when Onek tried to wrap up by positioning himself as a the reformist-minded outsider, Gascón pounced, reminding folks that Onek was a Police Commissioner, when the Police Commission recommended Gascón to Mayor Newsom as the next SFPD Chief. “While David is someone I respect—and one of those who hired me, David has painted himself as an outsider, when the Police Commission is the policy-making body for the SFPD. There are no outsiders here. The question is, what have you done? There’s a difference between calling yourself a reformer and having other people call you a reformer.”

Bock for her part used her closing remarks to remind folks that there has been a crime lab scandal, alleged police misconduct, a DNA backlog, and about 100 cases dismissed as a result of these scandals, and a bunch of prisoners are about to be sent back to the community because of realignment. “We’re in challenging times, at a critical crossroads, with stormy weather ahead,” she said. “I’m not going to be trying things out at your expense. As a veteran progressive prosecutor, I’m fully prepared.”

The death drug dealers

0

tredmond@sfbg.com

The federal Drug Enforcement Administration is conducting a multistate criminal investigation into the actions that prison systems have taken to obtain a death drug no longer produced in the United States, documents obtained by the Guardian indicate.

The documents don’t reveal the specific targets of the investigation, but federal agents have seized drug shipments in Alabama, Georgia, Kentucky, South Carolina, and Tennessee and are apparently also looking into drug procurement policies in California, Arkansas, Alaska, and Arizona.

The states have been scrambling to obtain sodium thiopental, a drug used in executions, after the lone American manufacturer, Hospira Corp., stopped producing it last year.

Georgia and Arizona both received shipments of the drug from Dream Pharma, a British wholesaler that, according to the Associated Press, “shares a building with a driving school in a gritty London neighborhood.”

In October 2010, the California Department of Corrections and Rehabilitation sent agents on a secret mission to get some of Arizona’s supply. The agents drove under cover of night to the Arizona state prison in Florence, where at midnight the warden handed them 12 grams of thiopental, enough for an execution.

The state later ordered 521 grams — far more than the state could possibly use in the next few years — from Archimedes Pharma, also a British supplier.

Several other states, including Georgia, obtained the drugs from a different British supplier, Link Pharmaceuticals. According to the Associated Press, Nebraska’s supply was imported from India.

Most of the states imported the drugs without the proper DEA paperwork, a federal crime, the documents show.

Sodium thiopental is part of the three-drug mix used for lethal injections in most states that allow capital punishment. It renders the subject unconscious before the other drugs stop the heart and lungs from operating.

If the drug isn’t effective — that is, if it’s an improper formulation or an off-market product that doesn’t meet U.S. standards — the condemned inmate could suffer horrible pain, something the U.S. Supreme Court has made clear is not legally tolerable.

The drug isn’t often used in hospitals; it has been replaced by other drugs. And California had to put all of its executions on hold last fall when the state’s last batch expired.

The documents are the latest released as the result of a federal lawsuit filed by the ACLU of Northern California and the Guardian seeking access to all records related to the import of the death drug. Last week the DEA released 71 pages of documents, but withheld 160 pages, justifying the withholding by saying that some of the records are part of an ongoing criminal investigation.

A May 16 letter from Katherine Myrick, the DEA’s chief Freedom of Information Officer, states that there are “two active investigations” and that release of the records could “reasonably be expected to interfere with enforcement proceedings.” The documents reveal how desperately state prison authorities were trying to find a way to procure the drug — and how concerned the DEA was about importing a controlled substance by agencies that had no medical or research functions.

Among other things, they show that the Obama administration was taking an active role in the process: “The White House is involved and is trying to sort things out,” a Nov. 11, 2010 memo from the Office of Diversion Control states.

Another Nov. 11 memo notes that “states have been importing the lethal drug regimen from England … the U.K. has written the State Department (and the FDA?) asking the U.S. to end the importation of the drug, which is being used in lethal injections.”

A Nov. 9 memo notes that “FDA is concerned about importation of non-FDA approved sodium thiopental used for executions … Safety, efficacy and indication are FDA issues. So is the matter of off-label use (which was also brought up).”

The memo from the Liaison and Policy Office explains that the “DEA requires a valid DEA registration as an importer and a properly executed declaration in order to import controlled substances.”

A Nov. 12 memo confirms that “only two import declarations have been filed for sodium pentothal” — meaning that all the other states obtained their supplies illegally. The identity of the two states is blacked out.

Arizona has an execution date set for May 25, and Nebraska has an execution scheduled for June 14. But the documents are so heavily redacted, and so many pages are missing, that it’s impossible to tell exactly which states are doing what — and whether any of the upcoming executions would be using illegally obtained drugs.

“The DEA is making it impossible to know whether the states are complying with the law and whether DEA is fulfilling its obligation to enforce our nation’s drug laws,” said Natasha Minsker, death penalty policy director for the ACLU of California. “Importing sodium thiopental without informing the DEA is a crime. We now know the DEA was poised to go into the Arizona Department of Corrections and seize their drugs, as they did in Georgia, but for some unknown reason they did not. Why did the DEA seize drugs in some states but not others?”

Calls and e-mails to the California Department of Corrections seeking information on whether the department is the target of a federal investigation were not returned. 

 

Fatal stance

7

sarah@sfbg.com

Ever since Mayor Gavin Newsom appointed Police Chief George Gascón district attorney in January — when Gascón said he was “not categorically opposed to the death penalty and would consider it in appropriate cases” — capital punishment has become a big issue in a town where the last death penalty case was in 1989.

Gascón is running against former San Francisco Police Commissioner David Onek, who is the founding director of the Berkeley Center for Criminal Justice and has consistently promised since entering the race last summer that he will not seek the death penalty.

Both men also face a serious challenge from Alameda County Deputy D.A. Sharmin Bock, who opposes capital punishment but won’t categorically state that she would never seek it, as former DAs Kamala Harris and Terence Hallinan both did while running for office.

Bock said that Harris eventually formed a committee to review each capital case but never filed for the death penalty, including in the 2004 murder of San Francisco police officer Isaac Espinoza, the same approach Bock would take. But she doesn’t think it’s legally wise to make a categorical statement opposing the death penalty, saying it could be challenged in court, as some attorneys tried to do with Harris.

“But capital punishment is unjust, and can say that categorically,” she said.

In the week since Bock’s May 17 campaign launch, Gascón challenged her credibility on the issue by noting that Bock used the threat of the death penalty to secure a guilty plea from a sexual predator who tortured and killed women in Alameda County last year.

But Bock used that case to draw a distinction in their positions on the issue, telling us, “George Gascón says he’d use it for the most heinous cases, and I’ve seen the most heinous cases and I haven’t use it,” Bock said, emphasizing that she’s the only prosecutor in the race.

In a May 1 Chronicle op-ed, Gascón tried to neutralize Onek and those opposed to the death penalty by noting that he also has “serious misgivings” about capital punishment, including the potential for wrongful convictions, the disproportionate application on racial minorities, the roller-coaster the victims’ families endure as they wait decades for closure, and the financial impact on an already overburdened justice system.

But Gascón also tried to hide behind the “death penalty is state law” defense, even though prosecutors have extensive discretion in such matters. “Rather than refuse to enforce our laws, I believe the more appropriate approach is to accept the law and work to change it,” Gascón wrote. “I don’t believe district attorneys should be allowed to supplant the views of the state with those of their own.”

Bock criticized Gascón’s deferential stance, which was in sharp contrast to Sheriff Mike Hennessey, who recently announced that he will stop cooperating with federal immigration officials and start releasing undocumented immigrants jailed for minor offenses before they can be picked up for deportation, to comply with San Francisco’s sanctuary ordinance.

Gascón appeared to be trying to cast his position as a courageous stand. “Some have given me the political advice to simply say I will not seek the death penalty in San Francisco,” he wrote. “While I am not prepared to say that at this time, I can say that I do intend to be a district attorney committed to San Francisco values.”

And he promised that if he believes a case merits the death penalty, he would seek the advice and counsel of a panel of local prosecutors. “Ultimately, the decision will always rest on my shoulders, and it is a decision that I will not take lightly,” Gascón wrote.

But Onek accused Gascón of giving a politician’s answer. “Gascón is trying to have it both ways,” Onek told the Guardian. “The voters have the right to hear a clear answer to a fundamental question. And my answer is clear — I will not seek the death penalty in San Francisco and I will continue to work to change the law statewide. To me, it’s a yes or no question, and I won’t seek it. Period.”

Onek says his stance is informed by his belief that the death penalty solves nothing. “It doesn’t make us safer; it’s not fair and equitable; and it wastes enormous resources,” he said. “We are much better off spending our precious resources on things that actually make us safer, like more cops on the streets, more programs in our communities, and better services for victims.”

Gov. Jerry Brown made a similar comparison last month when he canceled a $356 million project for a new death row at San Quentin. “At a time when children, the disabled, and seniors face painful cuts to essential programs, the state of California cannot justify a massive expenditure of public dollars for the worst criminals in our state,” Brown said.

A recent David Binder research poll found 63 percent support statewide for commuting all of the 700 sentences of California’s death row inmates to life in prison without parole and requiring them to pay restitution to the victims’ families, while 70 percent of Bay Area voters support the plan, which would save the state $1 billion over five years.

At a May 18 panel discussion on the death penalty, Public Defender Jeff Adachi’s criminal justice summit offered panel moderator Matt Gonzalez, a chief attorney in Adachi’s office, a timely opportunity to grill Gascón about his death penalty stance.

“Folks felt it might be a step backward,” Gonzalez said, noting that former D.A. Terence Hallinan pledged not to seek the death penalty when he ran for reelection in 2000, and Harris followed suit when she first ran for district attorney in 2003. “So — are you pro death?” Gonzalez asked.

“No, but I am a public official,” Gascón replied, even as he repeated his misgivings about the death penalty, including the fact that 62 percent of those on death row are minority populations, especially from African American and Latino communities.

The panel also provided a chance to see Gascón debate exonerated death row inmate JT Thompson, watch American Civil Liberties Union of Northern California attorney Natasha Minsker explain why the death penalty system is dysfunctional, and witness former San Quentin prison warden Jeanne Woodford describe how the impacts of the four executions that she reluctantly oversaw motivated her to sign on as director of Death Penalty Focus, a nonprofit dedicated to abolishing capital punishment.

“Who is responsible for the prosecutors that go bad?” asked Thompson, an African American man who spent 14 years on death row in Louisiana, and another four facing life without parole, because a prosecutor suppressed exculpatory evidence.

“When I was sentenced to death in 1985, for a crime I didn’t commit, I thought this would be rectified right away. But it took 18 years, and I watched 12 inmates being executed while I was there,” Thompson said, noting that he was holed up 23 hours a day.

Gascón said he would terminate prosecutors who withheld exculpatory evidence, but said he didn’t know if he could charge them with murder.

Thompson, founder of the New Orleans-based nonprofit Resurrection after Exoneration, argued that the debate needs to be recast from its current public safety frame.

“People need to be asked, ‘Under what conditions do you support giving the state the right to kill you?’ ” Thompson said.

Woodford recalled how she got sick after the last execution she presided over. “I focused on what my responsibility was. But in hindsight, I realize it had had much more of an impact,” she said. “These executions happen in California at least 20 years after the crime. And they don’t bring victims back.”

Minsker noted that 16 states do not have the death penalty, and that every day brings people closer to ending the practice in California. “People once thought opposing the death penalty would end political careers, but Kamala Harris showed that it is no longer a liability,” she said.

Reached by phone after the debate, Onek said ending capital punishment makes sense morally and financially. “We would have $1 billion to invest in things that actually make us safer,” Onek said. “The D.A. is given discretion around requesting the death penalty, and I will use my discretion to reflect San Francisco values. That’s why people in the trenches working on these issues, including Jeanne Woodford, support me in this race.” 

 

Arizona to kill prisoner with illegal drugs

14

The state of Arizona is preparing to execute a prisoner with drugs that were obtained illegally, records obtained by the Bay Guardian and the ACLU of Northern California show.


Donald Edward Beaty is set to die by lethal injection early in the morning May 25. However, DEA records show that the sodium thiopental that will be used in the execution was not imported legally — and may not meet U.S. standards for drug quality.


“Arizona is about to execute someone with an illegal substance, and the federal government is ignoring its responsibility to enforce the law,” said Natasha Minsker, Death Penalty Policy Director for the ACLU of Northern California.


Documents obtained recently show that the Drug Enforcement Administration is investigating the illegal importation of the death drugs, and has seized thoipental stocks in several states. But Arizona’s prison system still has custody of the sodium thiopental that it imported.


And documents released May 24 show that Arizona — along with Nebraska, South Dakota and Arkansas — imported the drugs from either the U.K. or India without filing the proper DEA import declarations. That means the prison systems violated federal law.


“The DEA records demonstrate that Arizona and other states broke the law,” Minsker said. “We cannot understand why the DEA has failed to act but has allowed the states to keep these illegal and dangerous drugs. When state officials break the law in order to carry out an execution, it makes a mockery of our justice system and puts us all at risk. State and federal officials must follow and enforce the law—that’s their duty and what the public expects and deserves.”


 

DEA investigates illegal import of death drugs

1

The federal Drug Enforcement Administration is conducting a multistate criminal investigation into the actions that prison systems have taken to obtain a death drug no longer produced in the United States, documents obtained by the Bay Guardian indicate.


The documents don’t reveal the specific targets of the investigation, but federal agents have siezed drug shipments in Alabama, Georgia, Kentucky, South Carolina and Tennessee and are apparently also looking into drug procurement policies in California, Arkansas, Alaska and Arizona.


The states have been scrambling to obtain sodium thiopental, a drug used in executions, after the lone American manufacturer, Hospira Corp., stopped producing it last year.


Georgia and Arizona both received shipments of the drug from Dream Pharma, a British wholesaler that, according to the Associated Press, “shares a building with a driving school in a gritty London neighborhood.” And California sent agents on a secret mission to get some of Arizona’s supply.


Several other states, including Georgia, obtained the drugs from a different British supplier, Link Pharmaceuticals. According to the Associated Press, Nebraska’s supply was imported from India.


Most of the states imported the drugs without the proper DEA paperwork, a federal crime, the documents show.


The documents are the latest released as the result of a federal lawsuit filed by the ACLU of Northern California and the Bay Guardian seeking access to all records related to the import of the death drug. The DEA this week released 71 pages of documents, but withheld 160 pages, justifying the withholding by saying that some of the records are part of an ongoing criminal investigation.


A May 16 letter from Katherine Myrick, the DEA’s chief Freedom of Information Officer, states that there are “two active investigations” and that release of the records could “reasonably be expected to interfere with enforcement procedings.”
The documents reveal how desperately state prison authorities were trying to find a way to procure the drug — and how concerned the DEA was about the import of a controlled substance by agencies that had no medical or research functions.


Among other things, they show that the Obama administration was taking an active role in the process: “The White House is involved and is trying to sort things out,” a Nov. 11, 2010 memo from the Office of Diversion Control states.


Another Nov. 11 memo notes that “states have been importing the lethal drug regimen from England … the UK has written the State Department (and the FDA?) asking the U.S. to end the importation of the drug, which is being used in lethal injections.”


A Nov. 9 memo notes that “FDA [the Food and Drug Administration] is concerned about importation of non-FDA approved sodium thiopental used for executions …. Safety, efficacy and indication are FDA issues. So is the matter of off-label use (which was also brought up.”


The memo from the Liason and Policy Office explains that “DEA requires a valid DEA registration as an importer and a properly executed declaration in order to import controlled substances.”


A Nov. 12 memo confirms that “only two import declarations have been filed for sodium pentothal” — meaning that all the other states obtained their supplies illegally. The identity of the two states is blacked out.


Sodium thiopental is part of the three-drug mix used for lethal injections in most states that allow capital punishment. It renders the subject unconscious before the other drugs stop the heart and lungs from operating.


If the drug isn’t effective — that is, if it’s an improper formulation or an off-market product that doesn’t meet U.S. standards — the condemned inmate could suffer horrible pain, something the U.S. Supreme Court has made clear is not legally tolerable.


The drug isn’t used very often in hospitals; it’s been replaced by other drugs. And California had to put all of its executions on hold last fall when the state’s last batch expired.


Arizona has an execution date set for May 25 and Nebraska has an execution scheduled for June 14.
But the documents are so heavily redacted, and so many pages are missing, that it’s impossible to tell exactly which states are doing what — and whether any of the upcoming executions would be using illegally obtained drugs.


 “The DEA is making it impossible to know whether the states are complying with the law and whether DEA is fulfilling its obligation to enforce our nation’s drug laws,” said Natasha Minsker, Death Penalty Policy Director for the ACLU of California. “Importing sodium thiopental without informing the DEA is a crime. We now know the DEA was poised to go into the Arizona Department of Corrections and seize their drugs, as they did in Georgia, but for some unknown reason they did not. Why did the DEA seize drugs in some states but not others?”


Calls and emails to the California Department of Corrections seeking information on whether the department is the target of a federal investigation were not returned.

Finally, a prosecutor leaps into D.A.’s race

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From the moment I walked into Sharman Bock’s District Attorney campaign launch and saw the roomful of “signs proclaiming, “A prosecutor for District Attorney”, I realized that Bock isn’t the type of candidate to hold her punches. And that makes perfect sense, because unlike the other candidates in the D.A.’s race, Bock, 48,  is a seasoned prosecutor.


Bock, as I soon found out, is also a longtime San Francisco resident, who moved here from Iran when she was four and has lived in the city for more than four decades. She went to high school here, returned after graduating cum laude from Georgetown University Law Center, and earned a clerkship with the Hon. D. Lowell Jensen of the Northern District of California, before starting her prosecutorial career in Alameda County, where she has served as an Assistant D.A. since 1989.  And she continues to live in San Francisco, where she is currently raising two kids with her husband in the Richmond District.


Joined by Congressmember Jackie Speier, Lulu Flores, President of the National Women’s Political Caucus, and Shronda Wallace, whose mother was brutally murdered in 1989, Bock made no bones about why she has decided to spring into the race.


“I’m running for San Francisco District Attorney because this is a job that requires a seasoned prosecutor who knows what it takes to put the most violent and dangerous criminals behind bars and keep them there,” Bock said. “I am a professional prosecutor. I want to give voters a real choice. No other candidate in this race has prosecuted even a single criminal case. This is no job for rookies. The stakes are too high and rookies make mistakes.”


When Bock noted that her conviction rate is over 90 percent, and that she has never lost a serious or violent jury trial, I wondered how successful the other main contenders–former SFPD Chief George Gascón, who Mayor Gavin Newsom appointed as D.A. in January, and former San Francisco Police Commissioner David Onek, are going to be when it comes to downplaying the fact that neither, as Bock wasn’t afraid to remind reporters, “has ever prosecuted a criminal case.”


“This is not a managerial, police or career job,” Bock continued, confronting head-on the arguments Gascón and Onek have already tossed out in response to questions about how they can be D.A. given their complete lack of prosecutorial experience.


“It’s certainly not a job for a rookie, and with 22 years of experience, I’m ready,” Bock commented.


“To lead an office of trial lawyers, you’d have to walk a mile in their shoes,” Bock added, noting that currently she is doing just that. “I’m responsible for supervising extremely experienced trial lawyers each day,” she said, referring to her job as Assistant D.A. in Alameda County.


Praising the record of former D.A. Kamala Harris, who was elected Attorney General in November, Bock observed that San Francisco “sets the national standard. Kamala did a good job, and I’d like to keep the momentum going. We can’t lose it.”


Next, Bock outlined some of the highlights of her prosecutorial career.


A national expert on efforts to combat human trafficking, Bock leads the Human Exploitation and Trafficking (HEAT) Unit, which prosecutes complex trafficking cases. In fact, Bock actually prosecuted the first human trafficking case in California.


Based on her expertise with DNA and other forensic evidence, Bock was tapped to lead the Cold Case Unit, which focuses on solving old murder and sexual assault cases.


Bock also oversees other specialized felony units, including Public Integrity, Child Sexual Assault, Sexually Violent Predator and Restitution, which recovered more than $15 million for victims of violent crime last year.


In 2009, Bock received the Fay Stender Award from the California Women’s Lawyers Association for her “ability to affect change and her commitment to representing the underprivileged. And in 2010, the California Legislature recognized Bock as “Woman of the Year” for her groundbreaking work to stop human trafficking.


“American children are being sold for sex in our own backyard,” Bock warned, as she talked about what she has learned from her decades as a prosecutor. She said solving cold cases “provides closure that is priceless for families of victims” and is part of keeping the community safe. She talked about the fact that she is an independent prosecutor, who won’t be conflicted by police misconduct and crime lab scandals, unlike our current D.A. And she wrapped up by voicing her desire to serve—and remain in—San Francisco. “I am committed to giving back and serving the city I love,” Bock said.


Meanwhile, across the city, D.A. Gascón had just a neighborhood prosecution program in the Bayview and Mission districts. According to a Gascón press release, the program, “brings immediacy to the resolution of crimes that diminish the livability of local communities by employing a restorative justice model” and “brings the D.A.’s Office into the community, positioning the office to be more directly and immediately responsive to the needs of community members.”


Gascón promised that the program will engage “residents in the process of determining an appropriate sanction focused on repairing the harm done to the community and setting the offender on the path to long-term productivity. This approach will bring a swifter and more certain resolution to offenses that have repeatedly gone unchecked for too long.”


The idea is that designated Assistant D.A’s will be assigned to  local police station to pre-screen eligible individuals and determine if the offenses they have been cited for by police are suitable to be heard in neighborhood courts. “Under the supervision of the District Attorney’s Office local residents are trained in restorative justice to adjudicate matters, instead of having cases charged and heard in criminal courts,” Gascón stated. “The adjudicators represent a wide swath of the community and include merchants, home owners retirees and students.”


Gascón says a range of non-violent offenses, including drinking in public, vandalism and petty theft, fit the criteria for matters that can be reviewed in the neighborhood court.“Eligible individuals cannot be under the supervision of the criminal justice system,” he stated. “Individuals who volunteer to have their matters heard in the neighborhood courts agree to abide by the prescribed outcomes that focus on restoring both the community and the offender. Individuals who are successful in meeting the terms avoid the blight of a mark on their criminal record. By taking this restorative justice approach, the program seeks to break the cycle of crime. It increases the accountability of the offenders to the community and the community’s stake in the offenders’ rehabilitation.”


Gascón claimed the program saves money by significantly shortening the length of time it takes to resolve offenses. “Typically the offenses being heard in a neighborhood court in one to two weeks from the time a citation is written would take nine months to a year to be heard in a criminal court,” he stated. “The average cost of having these cases charged and heard in a traditional criminal court would be $1500 per misdemeanor compared to $300 in a neighborhood court.”


Gascón concluded by noting that this new neighborhood prosecution program will operate under the direction of the newly-formed Collaborative Courts Division of the D.A.’s Office and is scheduled to spread citywide. “The Bayview and Mission district launches are part of D.A. Gascón’s initiative to increase accountability and integration of the former Community Court programs,” Gascón’s press release stated. “The neighborhood prosecution program model will eventually be adopted and employed city-wide, district by district as a replacement for the former model.”


Bock for her part seemed less than impressed by the fairness of Gascón’s program. “People dealing with quality of life crimes deserve a District Attorney,  a defense attorney and a judge,” she said. “You can’t shortchange justice “


And she wasn’t shy about sharing her thoughts on the conflict of interest Gascón faces when dealing with the ongoing police misconduct and crime lab scandals.“George Gascón is between a rock and a hard place,” Bock said. “He was in charge of the police district during that time period,” she observed. “And it’s important that the police don’t get thrown under the bus in the process.”


And unlike Gascón, Bock is personally opposed to the death penalty.“I will oppose any effort to further that law, and I would support ballot measures to change it,” Bock said. “It hasn’t had a deterrent effect, it doesn’t make the community safer, but it is the law of the state.”


As D.A., Bock would implement the same procedures that former D.A. Kamala Harris had in place—a committee where each case is reviewed in fact and law, and not reflective of a personal opinion. “I would look at each case,” Bock said.


“I want to make this city as safe to live in as I have fought in Oakland to achieve,” Bock continued, noting that when she graduated, she faced a choice of a corporate job or public service. “I chose public service,” she said.


Unlike Gascón, Bock does not think the city’s recently enacted sit-lie legislation has resolved anything. “Sit-lie is a perfect example of why political hot-button measures don’t work,” Bock said. “People should be able to use the sidewalks. But at the same time, there are people with serious mental health issues. Sit-lie hasn’t solved any problem. And the good news about me is that I am not a politician.”


Congressmember Jackie Speier enthusiastically endorsed Bock. “This is a very important race for San Francisco, and it’s not a political race,” Speier said. “It’s a race about safety and prosecution and making sure we have a District Attorney who is going to be here for thecommunity.”


Speier noted that Bock has worked for some of the finest law firms, has dedicated more than 20 years of her life to prosecuting heinous criminals, has deep roots in San Francisco, and is on the board of numerous non-profits.


“She has been successful in over 1,000 cases—tough cases, including murder, torture and sex trafficking,” Speier continued. “She is someone who has the capacity to handle this job like no one I’ve ever seen. Her passion for her work knows no bounds.”


“And she is truly committed to San Francisco,” Speier added. “It’s no secret that the present occupant of the D.A.’s office is interested in being a highly placed person in the F.B.I. I think Gaston will be good in some respects should he seek that.”


“Politics is a funny thing, the process works the way it does, but the people of San Francisco have an opportunity to compare and contrast—and this is a stark contrast,” Speier concluded, pointing to Bock’s “impeccable credentials and proven track record in the prosecution of criminals,” and describing her as “the best and brightest” as she lauded Bock’s leadership skills and talent as a prosecutor.


Lula Flores, who flew in from Washington, D.C. to announce the National Women’s Political Caucus early endorsement of Bock, described Bock as a “progressive forward-thinking candidate.”


“We need more women in leadership safety positions,” Flores said, noting that Bock “represents diversity and is the most qualified and most experienced candidate.”


“She will do the best job,” Flores continued. “San Francisco is home to a myriad of leaders, it is the place that has grown so many of our national leaders.”


And Shronda Wallace recalled how her mother’s 1989 murder had been “all but forgotten, but then Sharman Bock took charge.”
Wallace described how, using DNA from the crime, Bock “re-created the scene, identified the killer, proved he intended to kill my mother, convicted him, and put him in prison without parole for the rest of his life. Through her determined and relentless prosecution of this cold case, not only did Sharman Bock make me feel safer, but she brought me desperately needed closure, and that is something I will never forget.”


 


 


 


 

SF’s top cops differ on local control

7

The announcement by Sheriff Michael Hennessey that he won’t honor federal deportation holds for undocumented prisoners accused of low-level crimes is a great illustration of local control – which is the reason why we elect our sheriff and district attorney – but it is a concept that District Attorney George Gascon doesn’t seem to understand.

As the Guardian recently reported in a cover story by Sarah Phelan, Gascon ignored local control, civilian police oversight, and even standing police general orders as police chief by taking a highly deferential stance with the FBI and its domestic spying operations. Then, in a Chronicle op-ed on the death penalty last weekend, Gascon went even further in declaring himself to be merely a minion of higher government authorities.

While stating his opposition to capital punishment, Gascon said he wouldn’t rule out seeking the death penalty because he doesn’t think his own view or that of the vast majority of San Franciscans should determine his office’s actions. “I don’t believe district attorneys should be allowed to supplant the views of the state with those of their own,” he wrote.

That is a rather astounding statement that only an inexperienced prosecutor and an individual who has spent almost his entire career in the rigid hierarchies of police departments – rather than actually working as an attorney – would make.

“That’s where rookies make mistakes because they don’t have the experience to use their prosecutorial discretion,” said Sharmin Bock, a career prosecutor who works in the the Alameda County District Attorney’s Office, and who is running against Gascon (who did not return our calls for comment). “The DA has discretion over charging decisions and when you pick a DA it is for their discretion.”

For example, Bock cited the Three Strikes You’re Out law, which allows prosecutors to seek a sentence of 25 years to life even for the most minor crimes when they are committed by two-time felons. If all prosecutors used that full authority in every case, California’s severely overcrowded prison system would be even worse, which is one reason why prosecutors in places like San Francisco, Alameda County, and Los Angeles use their discretion and only seek Three Strikes sentencing standards for violent felons.

Similarly, in San Francisco, former DA Kamala Harris upheld her campaign pledge to never seek the death penalty, just as her predecessor Terence Hallinan used his prosecutorial discretion in dealing with local medical marijuana dispensaries or refusing to throw the book at those who committed low-level drug crimes.

Otherwise, the DA is nothing more than an administrative position, and San Francisco is forced to endure the same prosecutorial standards and values that are promulgated by intolerant conservatives from rural counties who have loaded up the Penal Code with costly and unjust new crimes and sentencing enhancements.

Hennessey understands that San Franciscans don’t want the same harsh treatment of our immigrant neighbors that the intolerant residents of Fresno, Orange, or Placer counties might demand. That why San Francisco’s elected officials made this a sanctuary city, and it’s why Hennessey told the Examiner, “I’m just doing our best to enforce local law. That’s my job.” But if Gascon thinks it’s his job to simply be an agent of the state and federal governments, perhaps San Francisco voters should cast their ballots accordingly.

Celebrating Bin Laden’s death

102

I fear I’m going way, way out on a limb here. So let me be clear: I understand why so many people are so happy that Osama Bin Laden’s dead. I’m never happy about anyone’s death, but I get the point. I oppose the death penalty, even for international terrorism, but I don’t see how the U.S., once the CIA knew where he was, could have done much else. Capturing him alive would have been nearly impossible; even if the Navy SEALS could have done that, taking him back and trying him (and them imprisoning him — where? Guantanamo?) would have been a nightmare, and probably caused far far more deaths. This was a direct military operation (way better than the drone missiles we fire all over Pakistan, killing civilians); I doubt anyone inside that compound could seriously claim to be a noncombatant. And while we’ll never know the truth, it’s entirely likely that Bin Laden fought back.


That said: Does anyone else think it was a little unseemly for all of those folks to be out in the streets celebrating someone’s death?


Remember: We’re not celebrating the end of a war (I wish we were; I’d be in the streets, too). The wars in Afghanistan and Iraq will continue for quite a while. There will be more terrorist attacks, perhaps in retaliation. What we’re really celebrating here is the death of a bad guy, at the hands of American armed forces. And even hard-core death-penalty fans don’t tend to go out and wave flags and shout in triumph when the state kills someone (no matter how awful the person was).


I’m not going to join the crazies who want to blame the U.S. for killing OBL; he wasn’t a head of state. He was a war criminal, an enemy combatant, and he was killed in a firefight. Even the human rights folks at the European Commission are good with this.


I have no doubt that the SEALs were instructed not to take him alive; I’m not even going to argue that point. Let’s just stipulate for a moment that this was entirely justifiable. (Even if Robert Fisk says OBL had long since become irrelevant.)


Still: Should we be running around with flags saying “go America, we killed a murderer?”


I don’t know. A little more quiet dignity might have made a better impression on the world.

Now just end the death penalty

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Jerry Brown is going to save the state $356 million by scrapping plans to build a new Death Row. Go, Jerry. Now if he really wants to save money he can scrap the death penalty.


It’s actually one thing a governor can do on his own; he can just issue a blanket stay of execution to all condemned inmates. He can, without ever having to get a single Republican vote in the Legislature, call off executions in California. I know he’s not personally a fan of the death penalty. Wouldn’t it be wild if Jerry became the first governor in the country to get rid of it not because of morals or questions about innocence (both of which are excellent reasons to stop the state from killing people) but because it was a waste of money?


Most people on death row die of old age. Life without parole IS a death sentence; you’re going to die behind bars. Call it off on fiscal grounds, guv — and Let the Republicans defend this wasteful state spending.

Gascon’s futility

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news@sfbg.com

If the April 12, 2011 breakfast meet-and-greet featuring appointed District Attorney George Gascón at a West Portal Avenue eatery constitutes a barometer of the campaign for that important public office, San Franciscans are in for a tepid exercise in municipal futility.

Sponsored by a prolific campaign contributor and restaurant owner, a Board of Permit Appeals appointee of former Mayor Gavin Newsom, and the owner of a new public relations/lobbying firm just awarded the $100,000 dollar public relations contract for Muni, the event attracted some 20 people, including Gascón’s campaign manager and fundraiser, and consisted of a stereotypical candidate presentation and a meager number of audience questions.

Revealing he’s “intrigued” by a chief of police becoming the District Attorney, Gascón described a Saturday afternoon meeting in early January with Newsom supposedly about the transition in local law enforcement arising from relinquishment of the DA’s office by the prior officeholder. According to Gascón, he was “really surprised” when Newsom declared he wanted to appoint him to the office — but Gascón had to accept the offer by 5 p.m. (Not a word did he provide his breakfast audience about Willie Brown-Rose Pak’s participation in promulgating the Newsom offer).

After claiming he “got some very good results” in his first year as police chief, Gascón recited the need for “separation” between his role as former chief and execution of prosecutorial duties. But he failed to specify, even by example, cases in which he has or will recuse himself from prosecuting in favor of the state’s attorney general — at added taxpayer cost, to be sure! (The Attorney General’s Office institutionally lacks trained criminal trial lawyers; the office responsibility pertains to defending the people in appeals from criminal trial court convictions.)

Asserting that the D.A.’s office is “understaffed and underfunded,” the political appointee then tried to describe the three sections of responsibility within the office, concentrating on so-called community courts for “low-level offenses” and “diversion courts.”

He referred to a section for “justice integrity” without defining its nature or scope. He proclaimed as novelty ” a pre-preliminary hearing” proceeding to resolve charges by “offers” for defendants pleading no contest or guilty to lesser crimes, an existing standard practice in Superior Court.

Audience questions involved the mentally ill, capital offenses, the Mental Health Court, domestic violence, and prosecution problems caused by a flawed drug laboratory, search and seizure police errors, and the like. Gascón conveyed his personal “misgivings about the death penalty,” asserted that 60 percent of Death Row prisoners are “minorities,” reminded listeners the death penalty is California law and must be followed and concluded: “I can’t say categorically I’d never seek the death penalty.” (There are currently seven cases in the District Attorney’s Office that qualify for capital punishment.)

Gascón finally stated he “is not a fan of” so-called consent searches and that he has established a 24-hour search warrant office capability for police — and he spoke of an unexplained relationship with Public Defender Jeff Adachi, who has criticized several warrantless Police Department searches.

Strikingly absent from the Gascón dissertation was any reference to attacking public corruption of the genre disclosed by the Guardian and many other sources. One also wonders whether punishment represents an object of this prosecutor’s office or whether social outcomes represent the dominant goal.

Never mentioned was the Special Prosecution Unit of the office (which once handled corruption cases), whether it still exists or, if so, what its current mission is. Never mentioned was the method of selecting judges for his proposed Community Courts.

And, as John Shanley, one-time spokesman for ex-District Attorney Terence Hallinan and a former deputy city attorney observes: “Anybody who thinks public corruption ended in San Francisco with the disgraced Ed Jew needs to reduce their dosage of medicinal marijuana.”

Lacking any questions or information on the candidate’s trial experience, prosecutorial successes, or experience as a lawyer, we still don’t know much about political appointee D.A. Gascón after one West Portal meet and greet.

Retired Superior Court Judge Quentin Kopp — a former San Francisco supervisor and state senator — has been engaged as a special correspondent for the Guardian covering selected political events and issues.

 

Alerts

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ALERTS

By Jackie Andrews

alert@sfbg.com

WEDNESDAY, APRIL 6

 

Considering death penalty

Join San Francisco for Democracy in a conversation about California’s death penalty and various upcoming legislation on the issue. Speakers include Darryl Stalworth of Death Penalty Focus, and others to be announced.

7–9 p.m., free

Northern District Police Station

1125 Fillmore, SF

www.sf4democracy.com

THURSDAY, APRIL 7

 

Filming the diaspora

Enjoy a complimentary screening of Amreeka, a film about the Palestinian diaspora that chronicles the adventures of a single mother and her teenage son as they head to their new Promised Land, which happens to be a small town in Illinois.

7:30–9:30 p.m., $6 suggested donation

Artists’ Television Access

992 Valencia, SF

wsww.answersf.org

FRIDAY, APRIL 8

 

System change, not climate change

Join Chris Williams, author, environmental activist, and professor of physics and chemistry at Pace University, as he discusses nuclear energy in light of the devastating current events in Japan.

7–9 p.m., free

Modern Times Bookstore

888 Valencia, SF

www.norcalsocialism.org

SATURDAY, APRIL 9

 

Eyewitness Wisconsin

Attend this community forum and an eyewitness report back from Wisconsin, and hear about the fight against an ongoing national movement to strip workers of their rights. Panelists include union members from here and all across the country.

6 p.m., $5–$10 suggested donation

2969 Mission, SF

www.answersf.org

 

Eco-crisis dissected

Join the discussion about the current ecological crisis, as experts Anuradha Mittal and Chris Roberts talk about the dangers of fossil fuels, risky alternatives like nuclear power, and what real solutions can look like.

5–-6:30 p.m., free

Ecology Center

www.ecologycenter.org

SUNDAY, APRIL 10

 

Antiwar rally

Sponsored by the United National Antiwar Committee and endorsed by hundreds of social justice organizations, the purpose of this peaceful assembly is to rally against the wars at home and abroad. Topics range from attacks on our liberties and other injustices here, the wars in Iraq and Afghanistan, and sanctions imposed on other countries.

11 a.m.–2 p.m., free

Dolores Park

18th St. and Valencia, CA

www.unacpeace.org

 

Walk against genocide

April is Genocide Awareness and Prevention Month, so take part in the first symbolic event of its kind in the Bay Area. Walk en masse to show support, hear community leaders and genocide survivors as they speak out against the atrocities of war, and learn how to be an effective community leader and advocate.

12–3 p.m., free

Lake Merritt

MacArthur and Grand, Oakland

ww.walkagainstgenocide.org

MONDAY, APRIL 11

 

Celebrate Breast Cancer heroes

Put on your Sunday best and attend this year’s annual gala and benefit for the Breast Cancer Fund. This inspiring evening celebrates the groundbreaking work being done to eliminate the environmental causes of breast cancer, as well as the many heroes who are working hard for more solutions. Following an award ceremony will be an organic buffet and an ecofriendly marketplace.

6–9:30 p.m., $200

Yerba Buena Center for the Arts

701 Mission, SF

www.breastcancerfund.org

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

The Performant: The Empire has no clothes

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Adventures in Naked Empire’s bouffonery

An evening spent in the presence of the Naked Empire Bouffon Company is always an unsettling experience. It can be difficult sometimes to assess who is actually performing for whom, as bouffons are wickedly adept at reading individuals and pulling them however briefly into the spotlight not as props, but as human beings with something to hide.

Unlike clowns, who often devise situations during which the oddience may laugh at them, bouffons laugh at the oddience from a position of almost comically aggressive power. It can be as simple as an offhand observation (“recently dyed,” one bouffon sniffed at a blonde streak) or a direct poke at a cultural or time-sensitive taboo (“surely it’s still too early to be referencing radiation in Japan”), but once they’ve got you in the crosshairs of their uniquely confrontational form of physical theatre, a bouffon shoots straight from the hip.

“As a citizen I am consistently impressed by how much of the “unsayable” the bouffon is allowed to say and by how well people hear it,” writes Naked Empire artistic director Nathaniel Justiniano. Justiniano first experienced the art form at the Dell’Arte International School of Physical Theatre and was immediately attracted to its audacious commitment to the truth.

“(It’s) a corkscrew type of energy…boring into the audience and sniffing out the muck we try to hide.” But despite the element of improv, Bouffon performance is also tightly scripted, allowing the performers a tightly structured framework to work within, and break out from when it becomes relevant to do so.

Performing as part of the Home Theatre festival in an artist’s warehouse dubbed the Main Street Theatre, Justiniano and company member Ross Travis performed two solo shows starring their Bouffon alter egos: Zooka Splat and Cousin Cruelty. 

Nathanial Justiniano’s Cousin Cruelty addresses his audience. Photo by Ross Travis 

Ross as Zooka burst into the room, screaming a war cry and dressed in tattered camouflage. He circled the crowd knowingly, leaping on the backs of the sofas they sat in, leering at their shock. Like a one-man Mad Max, he ably deconstructed the post-apocalypse genre of action films and doomsayer surrender in a series of vignettes that mapped out the bizarre terrains of alien abduction, zombie uprisings, nuclear holocaust, and macho bullshit. 

Justiniano’s Cousin Cruelty, a lewd giggling juggernaut of murderous impulse and fart jokes bounded out, shopping bag in hand, looking for trouble. Trouble came in the form of an orgy of mimed bloodshed — until from the shopping bag, a querulous puppet demanded to be released. 

Between the puppet’s script – a passionate, twelve-minute long speech denouncing the death penalty, delivered by Orson Welles in the 1959 film “Compulsion”— and Cousin Cruelty’s gleefully chaotic depictions of the origins and implications of violence, the oddience would have been pushed out of their “theatre-going” comfort zone even without the addition of the personal attentions bestowed on them by puppet and puppet-master alike. 

The laughter these twisted creatures provoked was genuine, but with an edge of unease, which is exactly the effect Justiniano is looking for.

“This laughter is uncomfortable….(It’s) the laughter that humans tend to find comforting when the silence or truth is too heavy.”

Intrigued by buffoonery? Check Naked Empire’s website for upcoming classes in this uncomfortable art

 

Onek to SFPD Chief turned D.A. Gascon: release records of officers cleared in shootings

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Calitics has a revealing letter from David Onek, a senior fellow at the Berkeley Center for Criminal Justice, a former member of the San Francisco Police Commission and a candidate in the 2011 District Attorney’s race, demanding greater transparency from the D.A.’s office when it comes to explaining why officers have been cleared in officer-related shootings.

“After spending my career working to identify and implement the most effective public safety strategies, I have seen one constant – the community is safest when the police and prosecutors earn and keep the public’s trust,” Onek writes in a letter that is guaranteed to turn up the ante in an already intriguing race. “That’s why I read with real concern that the San Francisco District Attorney’s office would not produce reports related to officer-involved shootings pursuant to a recent public records request from NPR-affiliate KALW.”

(The KALW report shows that the person in the D.A.’s office who penned the letter denying its request for records was Paul Henderson, D.A. Kamala Harris’ chief of staff and her preferred pick as replacement D.A. before Gavin Newsom appointed former SFPD Chief George Gascón as his last act as mayor, shocking just about everyone except Willie Brown, especially when it came out that Gascón used to be a Republican and is not philosophically opposed to the death penalty. And while Gascón, who was registered in recent years as decline-to-state, promptly turned around and registered as a Democrat, he also filed papers in the D.A.’s race that cite the phone number of notorious campaign attorney Jim Sutton.)

In his post on Calitics, Onek notes that as a former Police Commissioner, he was briefed in closed session on the details of officer-involved shootings, and he often heard complaints from community members about how little public information was released about officer-involved shootings.
“This lack of transparency breeds distrust,” Onek observes.

Onek acknowledges that in all officer-involved shootings, the DA’s office conducts an independent review to determine if there is criminal liability, and that if such liability is found, the DA presses charges, which are public. “But when the DA determines that there is no liability, it is equally important that the DA publicly explain the reasons for its decision,” Onek states.

In short, he believes the D.A.’ office should issue a very detailed report on every officer-involved shooting in which it does not file charges and should make the report publicly available on its website. “The report should detail the facts, the law and the reasons for the decision not to file charges,” Onek says, arguing that complete transparency would make the job of police and prosecutors much easier by building trust between law enforcement and the community, making it more likely that community members will work in partnership with police and prosecutors, and that victims and witnesses will come forward to testify.

“Publishing detailed reports that clear officers when they acted within the law can dispel public misconceptions about what actually happened,” Onek concludes. “Of course, officers’ privacy rights need to be respected and investigations cannot be compromised. But once an investigation is complete, and an officer has been cleared, it is imperative that the District Attorney’s office share its findings with the public. “

And as Onek points out, this standard is already in place in communities in California. “The District Attorney’s office in San Diego, hardly a bastion of liberalism, actually lists these cases on its website,” Onek states. “Many other counties – including Los Angeles, Orange and Fresno – also make them matters of public record and available on request. Building trust with the community is the key to enhancing public safety. Let’s not violate that trust by refusing to release documents that the public has the right to see.”

I’ve got a call into D.A. Gascón’s office to learn more about the rationale for denying KALW’s request, and I’ll be sure to post his reply here, so stay tuned.