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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.

Film Listings

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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.

SAN FRANCISCO JEWISH FILM FESTIVAL

The 31st San Francisco Jewish Film Festival runs through August 8 at the Christopher B. Smith Rafael Film Center, 1119 Fourth St., San Rafael; Oshman Jewish Community Center, 3921 Fabian Way, Palo Alto; and Roda Theatre at Berkeley Rep, 2025 Addison, Berk. For tickets (most shows $12) and a full schedule, visit www.sfjff.org.

OPENING

*Between Two Worlds See “Whose Voice?” (1:10) Roxie.

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) (Chun)

*Crime After Crime See “Time Served.” (1:33) Elmwood, Roxie, Smith Rafael.

The Devil’s Double Lee Tamahori directs Dominic Cooper in this 80s-set drama about Saddam Hussein’s sinister son Uday and his reluctant body double. (1:48)

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. (Eddy)

*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) Embarcadero. (Chun)

*Pianomania You think your job is detail-oriented, your bosses fussy? Walk a mile in the shoes of Stefan Knupfer, a Steinway technician — i.e. “piano tuner” — who must attend every minute aspect of each instrument’s inner workings, surrounding physical spaces, and their temperature fluctuations, idiosyncratically demanding players, etc. when preparing for either a live performance or studio session. “When I see the kind of life pianists have, I am very happy I can get off the stage when the public comes,” Knupfer explains. Nonetheless, he’s so dedicated to his job he has regular nightmares about strings breaking. His good-humored expertise and ingenuity make for engaging company on a multi-city itinerary, during which we meet a roll call of world-class virtuosi. Following this affable, unflappable protagonist over a year’s course, with an important Bach recording project at its end, this beautifully assembled documentary (a rare one these days shot on 35mm) by Lilian Franck and Robert Cibis should fascinate even those not especially attuned to classical music. (1:33) Opera Plaza. (Harvey)

Rise of the Planet of the Apes Fun fact: according to this origin story starring James Franco, the first supersmart apes were bred right here in San Francisco. (1:50)

Sarah’s Key Kristen Scott Thomas stars as a journalist in France who becomes deeply involved in a story she’s researching about the Jewish family forced by Nazis to vacate the home she now lives in. (1:42) 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) Embarcadero, Sundance Kabuki. (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)

*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) Elmwood, 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)

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. (Sam Stander)

*Cameraman: The Life and Work of Jack Cardiff Cameraman: The Life and Work of Jack Cardiff is to a large extent exactly what is sounds like: a well-made documentary on one of cinema’s most prolific and well-regarded cinematographers. Featuring interviews with the elderly Cardiff himself as well as with Martin Scorsese, Kirk Douglas, Lauren Bacall, and others, Cameraman examines Cardiff’s career, from his beginnings in 1918 as a child actor through his early innovations with color film, his mastery of lighting, and his brief transition into directing. As much as this is a film about Cardiff, though, it’s also about the collaborative process of filmmaking and the artistry of cinematography. With big-name directors and actors soaking up the headlines, it’s easy to forget the talent behind the camerawork. Cardiff, who passed away in 2009 at the age of 94, was a true artist, as at ease with a lens as with a paintbrush. (1:30) Balboa, Smith Rafael. (Cooper Berkmoyer)

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) Cerrito, Empire, 1000 Van Ness, SF Center, Sundance Kabuki. (Eddy)

Cars 2 You pretty much can’t say a bad thing about a Pixar film. Cars 2 is by no means Ratatouille (2007) or Wall-E (2008), but the sequel to the 2006 hit Cars offers plenty of sleek visuals and one-note gags under its hollow hood. If nothing else, Pixar seems to have overcome the dingy, dark glaze that plagues 3-D films. Directors John Lasseter and Joe Ranft return to beloved autos Lightning McQueen (Owen Wilson) and the “extremely American” Mater (Larry the Cable Guy). This time around, secret agents Finn McMissile (Michael Caine) and Holley Shiftwell (Emily Mortimer) come along for the ride while working to expose sabotage in the alternative fuel industry. Compelling chase sequences, explosions and more than a few jabs at cultural stereotypes follow suit. This is the lightest, silliest Pixar film to date, but you probably don’t have any business seeing it unless you’ve got a kid in tow. (1:52) SF Center. (Lattanzio)

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, 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 mad or 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) 1000 Van Ness, 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)

*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) Cerrito, Empire, 1000 Van Ness, 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) Elmwood, 1000 Van Ness, Sundance Kabuki. (Lattanzio)

Life, Above All It’s tough enough to simply grow up, let alone care for a parent with AIDS and deal with the suspicions and fears of the no-nothing adults all around you. Rising above easy preaching and hand-wringing didacticism, Life, Above All takes as its blueprint the 2004 best-seller by Allan Stratton, Chandra’s Secrets, and makes compelling work of the story of 12-year-old Chandra (Khomotso Manyaka) and her unfortunate family, unable to get effective help amid the thicket of ignorance regarding AIDS in Africa. After her newborn sister dies, Chandra finds her loyalty torn between her bright-eyed best friend Esther (Keaobaka Makanyane), who’s rumored to hooking among the truck drivers in their dusty, sun-scorched rural South African hometown, and her mother (Lerato Mvelase), who listens far too closely to her bourgie friend Mrs. Tafa (an OTT Harriet Manamela), for her own good. Cape Town native director Oliver Schmitz sticks close to the action playing across his actors’ faces, and he’s rewarded, particularly by the graceful Manyaka, in this life-affirmer about little girls forced to shoulder heart-breaking responsibility far too soon. (1:46) Sundance Kabuki. (Chun)

Life in a Day (1:30) Balboa.

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) Embarcadero, 1000 Van Ness, Sundance Kabuki. (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, Smith Rafael. (Harvey)

*NEDs There is bleak, and there is Scottish bleak. Weighed down by class and roundly ignored by apathetic institutions, the non-educated delinquent is the star of writer-director Peter Mullan’s wrenching but delightful NEDS (2010), a dark and curiously fanciful tale of youth in the housing estates of 1970s Glasgow. John McGill (Conor McCarron) is a bright and talented student with high hopes for a future at university until abuse by peers and teachers alike leads him down the well worn path of drinking, fighting, and gang life with the Young Car-Ds, his older brother Benny’s (Joe Szula) crew. The quiet John can’t escape the tide of history that society has set him upon and soon he’s joined the fray, abandoning his academic promise for a life of Doc Martens and concealed blades. As J. McGill so eloquently explains: “Youse want a NED? I’ll gie youse a fucking NED!” (2:03) Balboa. (Berkmoyer)

*Page One: Inside the New York Times When Andrew Rossi’s documentary premiered at Sundance this January, word of mouth on it was respectable but qualified, with nearly everyone opining that it was good … just not what they’d been led to expect. What they expected was (in line with the original subtitle A Year Inside the New York Times) a top-to-bottom overview of how the nation’s most respected — and in some circles resented — arbiter of news, “style,” and culture is created on a day-to-day as well as longer term basis. That’s something that would doubtless fascinate anyone still interested in print media, or even that realm of web media not catering to the ADD nation. But that big picture and the wealth of minute cogs within isn’t Page One‘s subject. Instead, Rossi focuses on the Gray Lady’s wrestling with admittedly fast-changing times in which newspapers and any other information source on paper seem to constitute an endangered species. This particular Times, however, is such a special case that that crisis might better have been explored by training a camera on a less fabled publication, perhaps one of the many that have succumbed to a once unthinkable, market-shrunk mortality in recent years. The film finds its colorful protagonist in David Carr, an ex-crack addict turned media columnist who retains his cranky, nonconformist edge even as he defends the Times itself from the same out-with-the-old cheerleaders who 15 years ago were inflating the dot-com boom till it burst. Facing one particularly smug champion of the blogosphere at a forum, Carr notes that without a few remaining outlets — like the Times — doing the hard work of serious research and reportage, the web would have nothing to purloin or offer but its own unending trivia and gossip. Page One does what it does entertainingly well, but if you’re looking for insight toward this not-dead-yet U.S. institution as a whole, you’d be better off simply picking up this week’s Sunday edition and reading every last word. (1:28) Opera Plaza. (Harvey)

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

*Tabloid Taking a break from loftier subjects, Errol Morris’ latest documentary simply finds a whopper of a story and lets the principal participant tell her side of it — one we gradually realize may be very far from the real truth. In 1978 former Miss Wyoming Joyce McKinney flew to England, where the Mormon boy she’d grown infatuated with had been posted for missionary work by his church. What ensued became a U.K. tabloid sensation, as the glamorous, not at all publicity-shy Yankee attracted accusations of kidnapping, imprisonment, attempted rape and more. Her victim of love, one Kirk Anderson, is not heard from here — presumably he’s been trying to live down an embarrassing life chapter ever since. But we do hear from others who shed considerable light on the now middle-aged McKinney’s continued protestations that it was all just one big misunderstanding. Most importantly, we hear from the lady herself — and she is colorful, unflappable, unapologetic, and quite possibly stone-cold nuts. (1:28) Lumiere. (Harvey)

Transformers: Dark of the Moon I’ll never understand the wisdom behind epic-length children’s movies. What child — or adult, for that matter — wants to sit through 154 minutes of assaultive popcorn entertainment? It’s an especially confounding decision for this third installment in the Transformers franchise because there’s a fantastic 90-minute movie in there, undone at every turn by some of the worst jokes, most pointless characters, and most hateful cultural politics you’re likely to see this summer. But when I say a fantastic movie, I mean a fantastic movie. It took two very expensive earlier attempts before director Michael Bay figured out that big things require a big canvas. Every shot of Dark of the Moon‘s predecessors seemed designed to hide their effects by crowding the screen. Finally we get the full view — the scale is now rightly calibrated to operatic and ridiculous. The marquee set pieces are inspired and terrifying, eliciting a sense of vertigo that’s earned for once, not imposed by the editing. The human hijinks are less consistent but ingratiatingly batshit, and without resorting to preening self-awareness and elaborately contrived mea culpas. But unfortunately Bay is too unapologetic even to walk back the ethnic buffoonery that not only upsets hippies like me but also seems defiantly disharmonious with the movie he’s trying to make. Bay is like that guy at the party who thinks amping up the racism will prove he’s not a racist. It’s that kind of garbage (plus, I guess, some universal primal hatred of Shia LaBeouf that I don’t really get) that makes people dismiss these movies wholesale. This time it’s just not deserved. I wouldn’t want to meet the asshole who made this thing, but credit where credit is due. It’s a visual marvel with perfectly integrated, utterly tactile, brilliantly choreographed CG robotics — a point that’ll no doubt be conceded in passing as if it’s not the very reason the movie exists. As if it’s not a feat of mastery to make a megaton changeling truck look graceful. (2:34) 1000 Van Ness. (Jason Shamai)

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) Empire, 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. (Devereaux)

Winnie the Pooh (1:09) Elmwood, 1000 Van Ness.

*World on a Wire The words “Rainer Werner Fasbinder” and “science fiction film” are enough to get certain film buffs salivating, but the Euro-trashy interior décor is almost reason enough to see this restored print of the New German Cinema master’s cyber thriller. Originally a two-part TV miniseries, World on a Wire is set in an alternate present (then 1973) in which everything seems to be made of concrete, mirror, Lucite, or orange plastic. When the inventor of a supercomputer responsible for generating an artificial world mysteriously disappears, his handsome predecessor must fight against his corporate bosses to find out what really happened, and in the process, stumbles upon a far more shattering secret about the nature of reality itself. Riffing off the understated cool of Godard’s Alphaville (1965) while beating 1999’s The Matrix to the punch by some 25 years, World on a Wire is a stylistically singular entry in Fassbinder’s prolific filmography. (3:32) Roxie. (Sussman)

 

Best of the Bay 2011: BEST QUEER EXHIBITIONISM

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It seems crazier than a Twinkie defense that San Francisco — one of the hottest of hotspots in terms of queer liberation and visibility — hasn’t had a history museum to preserve and explore all the wonder of LGBT life. Until now. In January, the 25-year-old GLBT Historical Society found a permanent space to display and interpret its vast archives of paper, photos, films, and audio recordings: the GLBT History Museum. The first of its kind in the U.S., the sleek storefront gallery may be small, but it packs a huge emotional and educational punch. From FBI files to feminist sex toys, radical activist pamphlets to old-school gay bar flyers, the museum’s lavender arsenal has ripped the lid off the often obscured queer past, and attracted tens of thousands of curious visitors (Britney Spears among them).

4127 18th St., SF. (415) 621-1107, www.glbthistory.org/museum

Alerts

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alert@sfbg.com

WEDNESDAY 13

“Community Organizing in Radical Times”

James Tracy and Amy Sonnie discuss the forthcoming book Hillbilly Nationalists, Urban Race Rebels, and Black Power: Community Organizing in Radical Times, following the trend of young activists reflecting on and writing about U.S. activist history. Also, Roxanne Dunbar-Ortiz speaks on the extraordinary Rainbow Coalitions built in Chicago and other cities in the late 1960s.

7–9 p.m., free

Modern Times Bookstore

2919 24th St., SF

www.laborfest.net

 

FRIDAY 15

Art of Fumiaki Hoshino

In 1971 Tokyo, Fumiaki Hoshino led the demonstration against Japan hosting and maintaining U.S. bases with nuclear arsenals. As the leader of the movement, he was blamed and given a life sentence for the deaths of a trade unionist and a policeman there, making him the longest-held political prisoner in Japanese history. His wife, Akiko, whom he met during his imprisonment, has been fighting for his release. She will present the watercolors he painted in prison and speak about their international solidarity campaign.

1–6 p.m., free

518 Valencia

518 Valencia, SF

www.laborfest.net

 

Geronimo Ji-Jaga memorial

Honor and celebrate the extraordinary life of Elmer “Geronimo Ji-Jaga” Pratt — a Black Panther, political prisoner, human rights activist, revolutionary, and godfather to Tupac Shakur — who died of a heart attack in Tanzania June 3. Pratt was the target of the FBI in numerous COINTELPRO investigations and was wrongfully accused and convicted of kidnap and murder in 1972. He spent 27 years in prison, eight of them in solitary confinement before his conviction was vacated and he was released in 1997.

6–11 p.m., free

East Side Arts Alliance

2277 International Blvd., Oakl.

(510) 533-6629

www.itsabouttimebpp.com

 

SUNDAY 17

Irish labor walk

Many Irish people immigrated to the U.S. in the early years of the 20th century due to political unrest in Ireland at the time, and many early Irish settlers made the Bay Area their home. This walking tour focuses on the role of Irish workers in the history of San Francisco’s waterfront and includes a discussion of the labor frame-up of Tom Mooney and Warren Billings in 1916 and other historic markers.

12–2 p.m., free

Marine Fireman’s Hall

420 2nd St., SF

www.laborfest.net

 

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.

Suhr sounds open to Portland-style FBI terrorism taskforce resolution

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When the Guardian sat down with SFPD Chief Greg Suhr last week, it was shortly after the Board of Supervisors unanimously approved Julius Turman as the next Police Commissioner. Turman’s appointment means the Commission, which provides civilian oversight of SFPD’s policies and procedures, now has seven members, once again, and thus can get on with addressing important outstanding issues, including what to do about the FBI’s hitherto secret agreement around SFPD officers assigned to the FBI’s terrorism taskforce.


At issue is an agreement with the FBI that then SFPD Chief Heather Fong signed in March 2007, but the Police Commission never reviewed. Further complicating the issue is the fact that in December 2008, the FBI introduced looser surveillance guidelines that appear to clash head-on with SFPD’s tighter surveillance policies, which require reasonable suspicion before any spying can be approved.


During Suhr’s first few weeks as Chief, the Police Commission and the Human Rights Commission held a joint hearing on the FBI’s hitherto secret agreement with the SFPD. And during that meeting, Suhr introduced a new bureau order which clarified that, under Suhr’s command, SFPD surveillance policies trump the FBI guidelines.


But civil rights advocates, including the American Civil Liberties Union and the Asian Law Caucus, continued to raise concerns. And evidently Suhr has listened to them. During our interview, Suhr told me that he met with ACLU’s John Crew, and Crew explained that Suhr’s new bureau order is only a temporary solution.


“It’s only a remedy as long as I am Chief,” Suhr explained, noting that the ACLU wants to sit down and review the matter and see if there is a way to tighten any loopholes,


“And if we can’t reach accord with the FBI, then we’ll talk about how to move forward with a Portland-style resolution,” Suhr said, referring to a recent decision by the Portland city council in Oregon not to sign the FBI’s agreement, and instead draft its own resolution to better define the terms and conditions under which local officers can participate in the FBI-led joint terrorism taskforce.


Asked what he thought about the FBI’s decision not to send a representative to address community concerns at the joint hearing of the San Francisco Police Commission and Human Rights Commission, Suhr replied, “I don’t think they [the FBI] thought it would be productive,” adding that his talks with Stephanie Douglas, the FBI Special Agent in charge of the terrorism taskforce, have been very “productive” so far.
 


 

Will another DREAMer be deported, despite ICE’s S-Comm reforms?

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Last week, ICE announced reforms to its controversial Secure Communities program. Civil rights advocates denounced these changes as window dressing, and the Guardian broke the news about S-Comm’s importance to the FBI’s Next Generation Identification (NGI) initiative, which appears to be using S-Comm on undocumented folks to secure support for a fingerprint dragnet to cover a much broader segment of the population than undocumented immigrants. But now, even before folks have had a chance to fully process the potential civil liberties impacts of the FBI’s NGI’s initiative, comes word that Mandeep, a DREAM Act honors pre-med student at UC Davis, who was once voted “most likely to save the world” by her peers at Los Altos High in Mountain View, could be deported to India on Wednesday.



Mandeep is pursuing a degree in Neurology, Physiology, and Behavior at UC Davis. But she is undocumented, and thanks to Congress’ failure to pass the DREAM Act last year, she now faces deportation to a country she barely knows. Immigrant rights advocates note that it was only a  month ago that President Obama spoke about the importance of providing a path to citizenship for students like Mandeep.


“We should stop punishing innocent young people for the actions of their parents,” Obama said. “We should stop denying them the chance to earn an education or serve in the military.”


They note that Obama has authority to grant administrative relief, which would make qualified DREAM Act youth safe from deportation, but that he has said he can’t use his executive authority in that way. So they’ve been sounding the alarm about Mandeep’s plight by faxing government officials about her situation.


But weren’t ICE’s newly announced S-Comm reforms supposed to provide relief for students like Mandeep?


Immigrant rights advocates say they are concerned that the reforms may not have much real impact on Mandeep because they rely on advocates and attorneys to get attention on individual cases. They note that Mandeep and her mother turned themselves into ICE this morning because they are scheduled to be deported tonight at 1am. And that ICE released them. But it is not clear what will happen next….


Meanwhile, ICE today announced the results of a seven-day targeted “Cross Check” enforcement operation that led to the arrest of more than “2,400 convicted criminal aliens and immigration fugitives” in May, as part of its promise to focus S-Comm resources on undocumented residents who have also broken criminal laws.


“The results of this operation underscore ICE’s ongoing focus on arresting those convicted criminal aliens who prey upon our communities, and tracking down fugitives who game our nation’s immigration system,” ICE Director John Morton said. “This targeted enforcement operation is a direct result of excellent teamwork among law enforcement agencies who share a commitment to protect public safety.”


ICE notes that everyone taken into custody as part of this latest sweep had prior convictions for crimes such as armed robbery, drug trafficking, child abuse, sexual crimes against minors, aggravated assault, theft, forgery and DUI. ICE also noted that 22 percent of the individuals were immigration fugitives-convicted criminal aliens with outstanding orders of deportation who failed to leave the country.


ICE says it conducted its first successful Cross Check operation in December 2009,  and has since conducted similar operations in 37 states, but that this seven-day operation, was the largest of its kind, and involved the collaboration of more than 500 ICE agents and officers, and coordination with the U.S. Marshals Service, the U.S. Diplomatic Security Service, U.S. Customs and Border Protection, the U.S. Postal Inspection Service, and ICE’s state and local law enforcement partners throughout the United States.


Arrestees included a 32-year-old man residing in Amesbury, Mass., from the Dominican Republic, who is a registered sex offender convicted of assault, battery on a household member, indecent assault, battery on a child, and leaving the scene/person injured; a 51-year-old man residing in Denver, Colo. from Libya convicted of first degree sexual assault against a child and assault domestic violence; a 38-year-old man residing in Orlando, Fla. from the Philippines convicted of battery on a law enforcement officer, resisting officer with violence, reckless driving and refusal to submit to blood/urine test; andaA 37-year-old residing in North Hills, Calif. from Mexico convicted of aggravated felony sex crime and rape of an unconscious victim. He was also identified as re-entering the United States after deportation. He will be removed following prosecution for illegal re-entry after deportation; and a 47-year-old man residing in Magnolia, Texas from Mexico convicted of injury to a child with intent to cause bodily injury, burglary, marijuana possession, driving while license suspended and indecency with a child by sexual contact.


“ICE is focused on smart, effective immigration enforcement that prioritizes efforts first on removing those serious criminal aliens who present the greatest risk to the security of our communities, such as those charged with or convicted of homicide, rape, robbery, kidnapping, major drug offenses and threats to national security. ICE also prioritizes the arrest and removal of those who game the immigration system including immigration fugitives or those criminal aliens who have been previously deported and illegally re-entered the country, “ ICE stated.


Hmm. It sure sounds like Mandeep doesn’t fit ICE’s criminal alien profile or priorities any more…

Civil rights advocates say S-Comm reforms are spin, part of bigger FBI biometric tracking plan

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In face of mounting criticism nationwide, the U.S. Department of Homeland Security announced today changes to its Secure Communities (S-Comm) deportation program. These changes include protections for domestic violence victims, and immigrants who are pursuing legitimate civil liberties protections. They give more discretion to ICE prosecutors, create a new detainer form that stipulates in multiple languages that arrestees cannot be detained under an ICE hold for more than 48 hours, except on holiday weekends. The form also requires local law enforcement to provide arrestees with a copy, which has a number to call if they believe their civil rights have been violated. The agency also said it will provide civil rights training related to its S-Comm program at the state and local level.

Immigrant and civil rights advocates said the announcement shows that the administration acknowledges that there are serious problems with S-Comm’s design and implementation. But they charged that the announced reforms fall far short of the S-Comm moratorium that an increasing number of advocates and lawmakers, including California Assemblymember Tom Ammiano, have demanded.

And some advocates expressed concern that the feds’ insistence on expanding S-Comm, in which fingerprints taken by local law enforcement agencies are automatically shared with federal and international databases, is proof that the program is the first step towards rolling out a much larger program called the Next Generation Identification (NGI) initiative.

Under the NGI, the FBI plans to phase-in the deployment of a host of new biometric interoperability capabilities to state and local law enforcement agencies within the next five years. And NGI likely won’t be limited to non-citizens and undocumented immigrants, suggesting that US citizens charged with a crime will also find that once their fingerprints are taken, law enforcement agencies will immediately compile a huge and internationally interconnected dossier on them, regardless of whether they are innocent of the charges.

Civil rights advocates also worry that local enforcement agencies’ participation in S-Comm will become inevitable because S-Comm is simply the first of a number of biometric interoperability systems being brought online by the NGI.
In other words, S-Comm is just the first of many additional information systems that are being made available to local law enforcement agencies to fully and accurately identify suspects in their custody.

And, according to the FBI/CJIS’s own documents, the feds have adopted a three-part strategy to deal with jurisdictions that do not wish to participate:
1.    Deploy S-Comm to as many places as possible in the surrounding locale, creating a “ring of interoperability” around the resistant site.
2.    Deploy S-Comm selectively to state correctional system facilities, permitting identification of Level 1 offenders who may have been arrested and sentenced in the non-participating jurisdiction,
3.    Ensure that the jurisdiction understands that non-participation does not equate to non-deployment.
In other words, though a local law enforcement agency is technically free to shut off, or ignore, the receipt of records related to the fed’s fingerprint-matching capabilities, the feds are already warning local law enforcement agencies that local officers may find themselves “deprived of substantive information relating to an arrested subject’s true identity, place of origin, and other pertinent data of significant law enforcement value.”

Ammiano, who is the author of California’s TRUST Act, which would allow local governments to opt out of S-Comm, said: “Today’s announcement by ICE is simply window dressing. How many more innocent people have to be swept up by the ironically named Secure Communities program before the Obama administration will change course? Talking about the need for comprehensive immigration reform is not an excuse for continuing with a flawed, unjust program that is having tragic consequences for communities across the country. It is time for a moratorium on S-Comm pending a real review of the program not just PR spin from ICE.”

Professor Bill Ong Hing, immigration law expert at the University of San Francisco, stated, “The fact is, under our Constitution, immigration is a federal responsibility. Neither a state like Arizona, nor the federal government itself, can force local governments to act as immigration agents. Such measures compound the injustices of our deeply broken immigration system – and public safety and local resources are among the first casualties.”

And the Asian Law Caucus, the ACLU of California, the Coalition for Humane Immigrant Rights of Los Angeles, the California Immigrant Policy Center, and the National Day Laborer Organizing Network released the following joint statement:  “We are deeply disappointed by the inadequacy of the Administration’s response to the mounting body of evidence that the ‘Secure’ Communities program is damaging public safety and ensnaring community members. The painful stories of domestic violence victims and other innocent community members facing deportation thanks to S-Comm underscore that the program has simply gone off the rails. While today’s announcement acknowledges that problems exist with the program, the measures outlined by the Administration are a far cry from workable solutions these problems. To announce “reform” before review is an exercise in politics, not policy. The administration should suspend the program and wait for the Inspector General report in order to develop fair and transparent policies.” 

“Before vital relationships between local law enforcement and immigrant communities are furthered damaged, before more domestic violence victims, street vendors, family members, and workers who are merely striving for the American dream are swept up for deportation, S-Comm must be reigned in,” the coalition continued. “For the sake of public safety and transparency, we need real solutions. We strongly support California’s TRUST Act, which sets safeguards the federal government has failed to implement and allows local governments out of S-Comm, and we continue to call for a national moratorium on this fundamentally flawed program.”

In recent weeks, Illinois, New York, and Massachusetts, have either pulled out or refused participation in the program while numerous local governments have sought a way out of a deportation dragnet that harms public safety and has operated with no transparency or local oversight. And Ammiano’s TRUST Act, which also sets basic standards for those jurisdictions that do want to participate in S-Comm passed the state Assembly in May and the Senate Public Safety Committee this week.

During today’s press conference, ICE Director John Morton told reporters that “it makes sense to prioritize resources. We don’t have enough resources to remove everyone who is here unlawfully.”

But when the Guardian asked if the reforms address the community criticisms that S-Comm was rolled out as a way to catch serious criminals, but has been largely used to deport non-felons, Morton maintained the S-Comm has always focused on serious criminal offenders, but was never limited to that.
“We remove felony offenders at a higher rate than are convicted in the general population,” he stated. ‘But federal law does not provide that you can come here unlawfully and then commit crimes other than violent crimes.”

True, but local law enforcement agencies have repeatedly observed that you break vital trust with immigrant communities if they believe that contact with police, including  being arrested for crimes they did not actually commit, or arrests for very low-level misdemeanors, will lead to deportation.

“This feels like a non-announcement, and it’s far from reform,” said B, Loewe of the National Day Laborers Organizing Network. “You don’t put a collar around a snake and call it a pet.”

And SF Police Commissioner Angela Chan, a staff attorney at the Asian Law Caucus, said the reason ICE and the FBI, “are so crazy for S-Comm is because it’s the first step in a much bigger loop that will include citizens and non-citizens alike.”

NDLON and the Asian Law Caucus are part of the coalition that is calling on the Obama administration to publicly oppose and terminate all programs that create partnerships between state and local law enforcement and the Department of Homeland Security; halt the development of the vast data gathering infrastructure that houses S-Comm, and inform the public of the current scope and purpose of its data collection and dissemination activities; and allow state and local jurisdictions to opt-out of S-Comm.

After today’s press conference, ICE issued a press release stating that through April 30, 2011, more than 77,000 immigrants convicted of crimes, including more than 28,000 convicted of aggravated felony (Level 1) offenses like murder, rape and the sexual abuse of children were removed from the U.S. after identification through S-Comm.

“These removals significantly contributed to a 71 percent increase in the overall percentage of convicted criminals removed by ICE, with 81,000 more criminal removals in FY 2010 than in FY 2008,” ICE stated. “As a result of the increased focus on criminals, this period also included a 23% reduction or 57,000 fewer non-criminal removals.

ICE also observed that the agency currently receives an annual congressional appropriation that is only sufficient to remove a limited number of the more than 10 million individuals estimated to be in the U.S. unlawfully. “As S-Comm is continuing to grow each year, and is currently on track to be implemented nationwide by 2013, refining the program will enable ICE to focus its limited resources on the most serious criminals across the country,” ICE stated.

ICE further noted that it is creating a new advisory committee that will advise ICE on ways to improve S-Comm, including recommending on how to best focus on individuals who pose a true public safety or national security threat.  This panel will be composed of chiefs of police, sheriffs, state and local prosecutors, court officials, ICE agents from the field and community and immigration advocates.  The first report of this advisory committee will be delivered to the Director of ICE within 45 days.

ICE Director Morton also issued a new memo that directs the exercise of prosecutorial discretion to ensure that victims of and witnesses to crimes are properly protected. The memo clarifies that the exercise of discretion is inappropriate in cases involving threats to public safety, national security and other agency priorities.

And ICE and the DHS Office for Civil Rights and Civil Liberties (CRCL) have created an ongoing quarterly statistical review of the program to examine data for each jurisdiction where S-Comm is activated to identify effectiveness and any indications of potentially improper use of the program. “Statistical outliers in local jurisdictions will be subject to an in-depth analysis and DHS and ICE will take appropriate steps to resolve any issues,” ICE stated.
.

Tipping point

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sarah@sfbg.com

On June 14, members of the Board of Supervisors will vote to appoint a new member of the Police Commission — in the wake of a messy string of alleged police misconduct scandals that, progressives argue, underscore why having strong civilian oversight is critical to ensuring a transparent, accountable police department the public can trust.

The appointment comes less than two months after San Francisco native Greg Suhr was sworn in as chief in the wake of Mayor Gavin Newsom’s decision to appoint former Chief George Gascón as the next district attorney — a move that has served to muddy the D.A. Office’s efforts to investigate the alleged police misconduct.

Further complicating the board’s choice is the heated battle that erupted over the appointment, led in part by members of two Democratic clubs that represent lesbian, gay, bisexual, and transgender communities.

The Alice B. Toklas LGBT Democratic Club has officially endorsed Julius Turman, a gay attorney and community activist who was a former assistant U.S. attorney and the first African American president of the Alice club. Turman currently works for Morgan, Lewis & Bockius, where he represents companies in actions for wrongful termination, employment discrimination, and unfair competition. He is also state Sen. Mark Leno’s (D-SF) proxy to the San Francisco Democratic County Central Committee and serves on the Human Rights Commission.

On the other side, members of the Harvey Milk LGBT Democratic Club, the voice of the city’s queer left, are supporting David Waggoner, an attorney and community activist who is a former Milk Club president. Waggoner has worked on police use-of-force policy and as a pro bono attorney for the National Lawyers Guild at the Oakland Citizen’s Police Review Board, and been a passionate advocate for the LGBT community, immigrants’ rights, people with disabilities, and the homeless.

The other two applicants for the post are Vanessa Jackson, a staffer at a women’s shelter with experience in counseling ex-offenders; and Phillip Hogan, a former police officer who serves on the board of the Nob Hill Association and has been trying to get on a commission for years.

Although both Jackson and Hogan have diverse experience with law enforcement — Jackson as an African American woman who claims the police have “no respect for people of color” and Hogan as a former police officer of Lebanese-Irish descent who manages real estate — neither has the support of the LGBT community. The position occupied by Deputy District Attorney James Hammer for the last two years, and Human Rights Commission director Theresa Sparks occupied before that, is widely considered to be an LGBT seat.

 

WHO’S THE REFORMER?

So now the fight is about whether Turman or Waggoner would be the strongest reformer.

In a recent open letter, former Board Presidents Harry Britt, Aaron Peskin. and Matt Gonzalez expressed support for Waggoner. “While most hardworking police officers perform their jobs admirably, insufficient oversight and poor management systems have led to significant problems,” their letter stated. “Despite these widely reported problems, the Police Commission has failed to adequately address these issues. San Francisco needs real reform, not more of the same. We believe David Waggoner will be that voice at this critical time.”

At the June 2 Rules Committee hearing, Waggoner proposed taking away master keys to single-resident occupancy (SRO) hotels from the police. “Significant abuse of that resulted in seriously tarnishing the department,” he said.

Turman made an equally impassioned — if less stridently reformist-sounding — speech. “Why would we allow an officer to enter a home, regardless of the master key rule, which I’m not a fan of?” Turman asked. He also said Tasers are dangerous weapons with unintended consequences. “I fear communities of color will suffer more from Taser use.”

Waggoner’s supporters noted that their candidate has more than 15 years of police accountability experience. Turman’s supporters vouched for his integrity, maturity, ability to build consensus, and “belief in strategically serving his community.”

In the end, Sups. Sean Elsbernd and Mark Farrell voted for Turman, while Rules Committee Chair Sup. Jane Kim voted for Waggoner.

That means Turman’s name has been forwarded to the full board with a recommendation. But because the Rules Committee interviewed all the candidates, the board can still appoint any of them.

At the Rules Committee, Sup. Scott Wiener voiced support for Turman. And Board President David Chiu recently told the Guardian that he has known Turman for years, has worked with him professionally, and will vote for him. “I found him to be fair, thoughtful, and compassionate,” Chiu said, noting that he believes the role of the commission is “to provide oversight and set policy.”

Sup. David Campos, one of the solid progressive votes on the board and a longtime Milk Club member, believes Waggoner would make an excellent commissioner but is a friend of Turman, and believes he’ll be a strong voice for reform. “Sean [Elsbernd] and Mark [Farrell] could be in for a big surprise if Julius gets appointed,” Campos mused shortly after Elsbernd and Farrell voted for Turman.

Campos recalled how he and Turman started working at the same firm years ago. “So I got to know him well,” he said, adding he is “like a family member.

“By virtue of his involvement with Alice, some folks think Julius will be a certain way,” Campos added. “But I believe he’ll take a progressive point of view on the issues. He has both the knowledge and the experience with the police, he understand the important role that police oversight and the Police Commission play in making the SFPD accountable.”

Kim told us that she primarily voted for Waggoner because she knows him the best, and not out of concern that Turman wouldn’t do a good job. “I’m more familiar with David and that’s what tipped the scale,” Kim said. “It’s great to have two strong LGBT attorneys who have a clear understanding of public safety issues, the law, and are advocates for the community.”

But Debra Walker, who ran against Kim last November, steadfastly supports Waggoner. “Julius has been active in the Alice B. Toklas club for a while, he’s a prosecutor, while David is more of a citizen’s defense attorney,” she said.

Turman continues to be dogged by reports of domestic violence, thanks to a lawsuit that Turman’s former domestic partner Philip Horne filed in March 2006 alleging that Turman came into his house when he was sleeping on New Year’s Day 2006 and tried to strangle him.

Horne claimed he “was terrified that the lack of air supply would cause him to pass out and potentially die at the hands of such a jealous and unmerciful former lover.” He alleged he was able to calm Turman down only to see him get enraged again and punch Horne in the face seven to 10 times. When Horne decided he needed to go to the emergency room, the complaint states, Turman grabbed his phone and keys saying, “If you leave, you’ll never see the cats (alive) again,” and “I will report you to the state bar.”

Horne claimed he ran outside screaming for help and that when SFPD arrived, they arrested Turman for domestic violence and called an ambulance for Horne.

Turman responded in July 2006 to what he described as Horne’s “unverified complaint,” arguing he acted in “self-defense” and that the conduct Horne complained of “constituted mutual combat.” He added that “damages, if any, suffered by Horne were caused in whole or in part by entities or persons other than Turman.”

In the end, no criminal charges were ever filed against Turman and the case was settled out of court. Turman now says “I’ve done nothing wrong and these allegations are false.”

Campos warns people not to jump to conclusions. “We need to remember that there is a presumption of innocence,” Campos said. “Yes, there was a court case, but there was never a conviction. Yes, there was a settlement, but people do that for a lot of reasons.”

Turman told the Rules Committee that the incident was from “an extremely difficult time that is now being used against me as a political sideshow.”

Meanwhile, Campos notes that without a reform-minded mayor, there will be only so much any board-appointed police commissioners can do. “What we really need to implement police reform is a mayor who is willing to do that,” he said. “Otherwise it’s going to be very difficult because the mayor still gets to appoint four commissioners and mayor still gets to control who is in charge of the police department.”

 

WHAT DIRECTION?

Civil liberties advocates praised as a “first step in the right direction” Suhr’s May 18 decision to issue an order clarifying that SFPD officers assigned to the FBI’s joint terrorism taskforce should adhere to SFPD policies and procedures set by the Police Commission, not FBI guidelines.

But in the coming months, the commission will have to decide whether to push a Portland-style resolution around SFPD involvement with the FBI. The commission also will be dealing with fallout from the other scandals, including the crime lab, the use of force against mentally ill suspects, and videos that allegedly show police conducting warrantless search and seizure raids in single residential occupancy hotels.

These scandals have progressives arguing that it’s critical that the board’s three seats on the commission are occupied by applicants with proven track records of reform.

Waggoner notes that in 2003, voters approved Prop. H., which changed the composition of the commission from five to seven members. Four are appointed by the mayor; three by the board.

Last year, he said, the commission made significant progress in the right direction when it adopted new rules after the Jan. 2 shooting of a man in a wheelchair in SoMa. “That was not the first time an unarmed person with a disability was killed,” he said. “After Prop. H and a crisis, the commission finally took steps. It remains to be seen if Chief Suhr will implement that.”

Waggonner said the current arrangement “creates tension between people who are more willing to defer to the chief on policy issues and being in an advisory capacity, as opposed to people who want to be in the forefront of setting policy.”

That tension played out when Commissioners James Hammer, Angela Chan, and Petra DeJesus tried to find consensus on the Taser controversy last year. “Overall they worked well together. But there’s been no progress yet on Tasers,” he said, noting that the commission eventually decided on a pilot project.

Waggoner said he would be in favor of the commission having a more active role and exerting its authority under the city charter to set policy, but in collaboration with the chief.

The Police Commission’s May 18 joint hearing with the Human Rights Commission about FBI spying concerns was a symbol of the broader issue at the Police Commission. The majority of the commission didn’t see any major problems — but the progressives were highly critical. “Is the commission there to set policy and take leadership, or is it there in an advisory capacity?” Waggoner asked.

With Hammer’s departure, Chan and DeJesus, both board-appointed women of color, are the most progressive members of the commission. Chan hopes Hammer’s replacement believes in strong civilian oversight. “We should never be a rubber stamp for the police department,” he said. “We need to take community concerns very seriously. When the police department is doing great things, we should support them — but if we see something wrong, we should not be afraid to speak out.”

Turman told the Guardian that “being the voice for reform and advising are not mutually exclusive roles — and an effective police commissioner needs to be both.

“I would advocate for series of meetings with representatives from the Arab community, the SFPD, and the FBI to increase communication and understanding of each side’s perspective on exactly what we need to implement in San Francisco,” Turman said.

Asked more about Tasers, Turman said that “one of the things I would be interested in pursuing is a recognition by some that female officers are less likely to incapacitate during an arrest, which could lead to learning for the larger police force.”

But does this means Turman will turn out to be a swing vote for Tasers? Only time — and the board’s June 14 vote — will tell.

Waggoner for Police Commission

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By Harry Britt, Matt Gonzalez, and Aaron Peskin

OPINION Given the escalating scandals in the San Francisco Police Department, the time is ripe to appoint a police commissioner who understands the recurring problems and the need for reform.

The supervisors have the opportunity to appoint such a commissioner: David Waggoner. Waggoner’s extensive background in policy reform, community policing, and criminal justice issues will be a valuable asset to the commission.

Waggoner has worked as a pro bono attorney before the Oakland Civilian Police Review Board and has earned the respect and admiration of people from highly diverse political and social backgrounds. His integrity and sense of justice and fairness inspire trust and confidence — and frankly, we could use a lot more of that in this city.

Credibility with historically marginalized communities — including people of color, new immigrants, the homeless, people with disabilities and the LGBT community — is essential in developing the kind of mutual respect that makes the department’s work effective or even possible. David Waggoner has that credibility.

In 2003, in response to years of strained relations between the SFPD and the community, the voters approved Proposition H. Prop. H gave the Police Commission more authority to adjudicate cases of officer misconduct and changed the makeup of the commission by giving the board three appointments to balance the mayor’s four.

Despite these significant steps toward reform, eight years later we have a Police Department that is under investigation by the Justice Department and the FBI and struggling to overcome serious credibility and morale problems.

Case in point: in the last year alone, the department’s credibility was undermined by a major crime lab scandal, the disclosure of Fourth Amendment violations in SRO hotels, use of excessive force on the mentally ill, and widespread withholding of evidence of officer misconduct from attorneys. These scandals resulted in the dismissal of hundreds of cases.

A number of outstanding policy issues remain in need of serious attention. In 2005, the Civil Grand Jury published a report on compensation in the Police Department, finding that officers receive greater salary increases than other city employees while San Francisco is in a state of fiscal stress. In 2007, the grand jury recommended filling significant numbers of desk jobs with civilians. When the department finally rolled out a pilot program this year, it called for only 15 civilians.

The San Francisco Police Department needs to improve its training of officers, including fostering a respect for the civil liberties that San Franciscans cherish. This should be basic to all police work. However, last year San Francisco paid $11.5 million in lawsuits because of police misconduct.

San Francisco needs police commissioners who understand the challenges of police work but who also are willing to explore the nature of endemic problems that have led to embarrassing scandals. We need commissioners who have a broader understanding of criminal justice policy and how it can be changed to promote public safety.

We join with the San Francisco La Raza Lawyers Association, Community United Against Violence, the Harvey Milk LGBT Democratic Club, and a host of other elected officials, community activists, attorneys, and local leaders in wholeheartedly supporting the appointment of David Waggoner to the San Francisco Police Commission. It’s about time. 

 

Harry Britt is a former president of the Board of Supervisors and the author of the landmark 1982 legislation that created the Office of Citizen Complaints. Matt Gonzalez is chief attorney in the Public Defender’s Office, a former president of the Board of Supervisors, and a co-sponsor of Prop. H. Aaron Peskin is chair of the San Francisco Democratic Party, a former president of the Board of Supervisors, and a co-sponsor of Prop H.

 

FBI spying will be an issue for new Police Commissioner

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When Police Chief Greg Suhr got sworn in at City Hall a month ago, reporters each got to ask one question during a hastily convened media roundtable inside Mayor Ed Lee’s office. And since the Guardian’s story about the FBI’s secret agreement with the San Francisco Police Department had just hit the streets, I asked the new Chief, if he would welcome clarification around the duties of SFPD officers assigned to the FBI’s Joint Terrorism Taskforce.

Chief Suhr said he believed an examination of the wording of the FBI’s most recent memorandum of understanding (MOU) with the department was already under way. “I believe that the MOU is being revisited,” Suhr said. “I have not been a part of that, but again I think we have a real good policy with regard to our intelligence gathering and that does supercede any ask of any other agency. The officers are bound by policies and procedures. And that policy was well thought out with tremendous community and group input years and years ago, from situations that have not since repeated themselves. I think a lot of people back then couldn’t believe they happened in the first place, but I think measures were well thought out and put in place to make sure we don’t have a problem again.”

Fast forward three weeks, and Suhr found himself in the hot seat at a May 18 joint meeting of the Human Rights Commission and the Police Commission, where commissioners got an update about the Police Department’s response to community concerns about surveillance, racial and religious profiling of Arab, Middle Eastern, Muslim, and South Asian Communities and the potential reactivation of SFPD Intelligence Gathering.

After Suhr introduced his new Command Staff—and stressed their great diversity–Police Commission President Thomas Mazzucco, who was Suhr’s football coach in high school, tried to assure folks that the Police Commission, the Human Rights Commission, the FBI, the SFPD, the American Civil Liberties Union and the Asian Law Caucus had already addressed the community’s intelligence-gathering concerns, in part through a bureau order that Chief Suhr then introduced during the hearing, in which Suhr clarified that SFPD policies trump FBI guidelines every time.

And Mazzucco,  a former Assistant U.S. Attorney for the Northern District of California and a former Assistant District Attorney for San Francisco, before Mayor Gavin Newsom appointed him to the Commission in 2008, noted that the community’s concerns were based on allegations. not factual findings.

But his comments got folks wondering whether Mazzucco’s prior involvement with the feds left him with a blind spot that is preventing the Police Commission from dealing with the issue in a timely and effective manner, particularly since Commissioner Jim Hammer’s term has expired, and the rest of the Commission is waiting for the Board’s Rules Committee to decide between nominating David Waggoner, L. Julius Turman, Phillip Hogan or Vanessa Jackson as the next new Police Commissioner.

For, as members of the public observed during the meeting, if the Police Commission President himself expresses no outrage at finding that the Commission’s policies have been undercut for the past four years by secret agreements between SFPD and the FBI, how can San Francisco claim to have a credible system of civilian oversight?

Instead, they felt that Mazzucco seemed more concerned about defending federal practices and officials, who were unwilling to show up at the May 18 hearing, than worrying about the role and authority of the civilian oversight body he now represents. And attorneys with the ACLU and the Asian Law Caucus noted that though Suhr characterized his new order as being based on the Portland resolution and a prior proposal from community advocates, they believe Suhr’s approach can only work with the written consent of the FBI, (which SFPD doesn’t have) if the FBI’s 2007 contract is left in place.

“That’s why there is a need for a transition to a non-MOU, Portland-style resolution,” ACLU’s John Crew told the Guardian, noting that ACLU’s willingness to work collaboratively with the commissioners and the new Chief should not be confused with a willingness on ACLU’s part to roll over and accept an approach that is based on wishful thinking rather than the realities of the MOU that’s still in place.

During the May 18 joint hearing, Chief Suhr acknowledged “the validity of the perceptions raised by the community,” even as he insisted that SFPD has “very strict policies” in place to ensure appropriate oversight for investigation- involving activities.

Suhr summarized the history of those policies, including ACLU’s John Crew’s involvement in creating Department General Order (DGO) 8.10, which establishes that there must be reasonable suspicion before SFPD intelligence gathering can occur.

Suhr noted that SFPD joined FBI’s Joint Terrorism Taskforce (JTTF) after the September 11, 2001 attacks, and SFPD officers assigned to the JTTF subsequently came under control of the Department of Homeland Security unit, but starting now, they are back under SFPD’s special investigations.

“I gave the order today that JTTF will be moved back under SFPD’s special investigation unit,” Suhr said. “They will have the security clearance necessary to oversee the activities. The members are required to comply with all department policies, even if they can conflict with FBI policies. Simply said, San Francisco policies, procedures, laws, and statute trump any federal policy or procedure. Our officers are bound by those.”

Suhr said that to ensure everyone is clear about the chain of command, he’d drafted his May 18 bureau order. “It essentially turns back the clock and emphasizes that officers are responsible for our policies and procedures first, and our officers are bound to identify themselves as San Francisco police officers,” Suhr said, further noting that he’d be happy to further amend his new order as needed.

And Mazzucco noted that SFPD has absolutely no jurisdiction whatsoever over the Transportation Security Administration’s activities at the airport.

But while Human Rights Commission Chair Michael Sweet said Suhr’s new bureau order,  “goes a long way toward helping to alleviate some of the concerns,” he and many commissioners noted that this was their first chance to read the order. And Sweet said he saw the May 18 joint hearing “as by no means the end of the discussion.”

HRC director Theresa Sparks, who was on the Police Commission when the FBI drafted its 2007 JTTF MOU, noted that the issue is not whether we should opt out, but what we can do to ensure that officers involved in activities have “strong civilian oversight of their activities and report activities through the established civilian oversight mechanisms and procedures defined in DGO 8.10.”

” Our approach to achieve this objective is to publish internal directives ensuring our officers only participate in activities that meet our local standards of reasonable suspicion,” Sparks stated, claiming that Suhr’s order will “ give the city control over misconduct charges and allegations of misconduct charges.”

Sparks noted that the May 18 hearing was a status report about “alleged violations by the FBI and SFPD, as well as airport police,” and that the HRC “did no independent investigation” to verify these allegations.

Sparks added that HRC and the Immigrant Rights Commission has a tentative agreement to move forward with townhall meetings to address community concerns, and will encourage the Board to appoint a special prosecutor to determine if the prosecution of terrorism cases is valid and fair, and discuss the need for an Ombudsman at the airport. And she talked about the need for SFPD to establish legal safeguards, mechanisms for greater transparency and oversight, and conduct more detailed yearly audits.

“Tonight was a real dialogue about the issues,” Sparks said, further noting that civilian oversight of local JTTFs is also a popular discussion in Oakland and in Portland, Oregon, which has decided to rejoin its local JTTF after opting out in March 2005. But she didn’t mention that Portland had entered into a resolution with the FBI, instead of signing a new MOU with the feds.

That explanation was left to Veena Dubal of the Asian Law Caucus and ACLU’s Crew– in between explaining why they believe Suhr’s Bureau Order isn’t enough. “The good news is that we all collectively agree that SFPD policies should apply to SFPD officers assigned to the JTTF,” Dubal said. “The bad news is that the recently released MOU, which was secret for four years, doesn’t reflect our collective desires.”

Dubal stated that the FBI won’t amend its 2007 MOU with the SFPD.
“And that is why the Chief issued the bureau order,” Dubal stated, claiming that the FBI Special Agent in Charge of JTTF involvement recently told ALC and the ACLU that the FBI will continue to block key parts of local policy central to accountability and oversight.

“But there’s a solution and it doesn’t necessitate a divorce from the joint terrorism task force,” Dubal continued, noting that there are now two ways for local law enforcement officers to participate in JTTFs: an MOU, in which SFPD resources are put into the hands of FBI with relatively no local control, as in the SFPD’s 2007 agreement with the FBI. Or via a resolution which the federal government just approved in Portland, which allows participation in the JTTF, but provides much better protection for civil rights and gives the police department and the police commission more control of the relationship.

Dubal noted that in the decade since 9/11, the FBI has expanded its intelligence powers, and its agents are now allowed to conduct intelligence without a factual connection to criminal activity.

“Given these massive shifts in FBI activity, the question is, what should the relationship between the SFPD and the FBI look like?” Dubal said.

“Unlike the FBI, the SFPD is not a national security organization, “ Dubal continued, noting that when SFPD signed up to work with the JTTF under an MOU that preserved local control and policies, “it wasn’t assuming that some of its officers, paid for by San Francisco taxpayers, could be transformed into national security agents.”

”The SFPD signed on without telling anyone, not even the police commission,” Dubal said, noting that SFPD cannot afford to participate in these practices. “We need community trust to keep all of our communities safe.”

ACLU’s Crew noted that the FBI came to the SFPD in 2007 with a new MOU. “And perhaps inadvertently, there was no review by the City Attorney, and no notice to the police commission,” Crew said. “And it’s a drastically different MOU, unfortunately.”

“Now, we didn’t know about that MOU because it was kept secret at the insistence of the FBI for four years,” Crew continued, further noting that when ACLU and ALC met with the SFPD in 2010, they were suddenly told that the police department couldn’t talk about these issues without FBI permission.

“That set off a warning sign,” Crew observed, noting that in early April, when the ACLU and ALC finally got the MOU released, their worst suspicions were confirmed.

“There was no public discussion of transforming the SFPD into a national intelligence gathering association,” Dubal said. “The problem is that the FBI changed the deal, and the SFPD signed it, without telling anyone.”

Dubal noted stark differences between the FBI’s 2002 MOU and the one the SFPD signed in 2007, along with stark changes to FBI guidelines that occurred in 2008, in the dying days of the Bush administration, and that now allow a new assessment category, that does not require reasonable suspicion and has been criticized by civil liberties groups.

And according to Crew, the FBI’s new MOU “puts at risk the very concept of civilian control.” As Crew noted, between the mid 1990s, when the SFPD developed DGO 8.10, which governs its officers’ intelligence-gathering policies and procedures, and 2007, when the FBI prepared a new JTTF MOU, there’d been little controversy over intelligence-gathering in San Francisco.

 “And then, perhaps inadvertently, the SFPD signed that MOU and it was drastically different and kept secret at the insistence of the FBI for four years,” Crew observed.

And in 2010, the SFPD suddenly said it couldn’t talk about the issue without the permission of the FBI, Crew added, noting that “Unnecessary secrecy breeds suspicion.”

“We don’t think the Bureau Order is sufficient,” Crew concluded. “This is an issue that has to be dealt with at the Police Commission level.”

Crew noted that the Portland City Council chose not to enter into an MOU, “specifically because it restricts the ability to provide local control and local oversight. “

“So, we are not saying opt out, but we are saying there needs to be a transition to a resolution that maintains local control over the assignment of officers and provides all these elements of civilian oversight,” Crew continued.

He claimed that the federal government says a resolution is possible, as long as you’re not doing it under an MOU.
“So the question is, if that level of protection is available now to the people in Oregon, why would San Francisco not take the same deal?” Crew said. “All you have to do is give 60 days’ notice to the FBI that are you going to start this transition to a resolution. That notice period allows the FBI to have any comments or express any concerns they want, I think it’s very regrettable that they chose not to participate tonight and unfortunately I think it says something in terms of how seriously they take these concerns.”

Crew concluded that such a transition would be a win-win situation.

”If we went to a resolution that merely asserted local policy, then they could keep doing exactly what they’re doing now,” Crew said. “On the other hand, if it turns out that there’s activities SFPD is involved in that they shouldn’t be involved in, don’t we want those stopped?

“The one comment I will make of the bureau of general order is that I’m thankful to hear it’s a work in progress,” Crew added, noting that ACLU and ALC “don’t think a bureau order is sufficient. That’s because it can be changed at any time without the notice of the police commission, without a public hearing.”

But Mazzucco disagrees with ACLU and ALC’s claims that FBI intelligence-gathering guidelines have been relaxed since 2008.
 “There are no random assessments, and there has to be a predicate of a criminal violation,” Mazzucco told commissioners, noting that ” with honorable people like Bob Mueller” (Mazzucco’s former boss) “running the FBI, there should be a level of confidence that there will not be any violations.

And in a follow-up call, Mazzucco told the Guardian that he thought Suhr’s bureau order clarifies that “local officers follow SFPD rules.”

Mazzucco also suggested that Police Commission oversight, “is more over policy and procedures and less about operations,” by way of explaining how the SFPD’s 2007 MOU  with the FBI never came before the Commission.
“But I suggested that we see the next MOU in this area,” Mazzucco added.

And he proposed “a simple solution” moving forward, namely transparency and educating the public,” about the JTTF.

“SFPD is probably the most diverse police department in the country,” Mazzucco said. “And there is civilian oversight. We won’t let anything untoward happen.”

And he praised the new US Attorney for Northern California Melinda Haag, and FBI Special Agent Stephanie Douglas for their participation in recent meetings with city officials about the community’s intelligence-gathering concerns.
“The good news is that nothing controversial is going on here,” he said, noting that out of the broad array of community advocates who showed up at the May 18 joint hearing, there were maybe five citizens who spoke about encounters with the FBI, and only one from the Bay Area. ”My goal is to make everyone feel comfortable,” he said.
 
But HRC Chair Sweet acknowledged at the May 18 joint hearing that it was “very difficult” to know from a first reading of Suhr’s Bureau Order if it fully addressed the community’s intelligence-gathering concerns. “I think a great deal of discussion really needs to take place on that particular issue,” he said.

And HRC Vice Chair Douglas Chan dug into the details, starting with the apparently now classified question of how many SFPD officers are currently assigned as deputized FBI officers.
”We don’t generally discuss the specific numbers, but I will tell that you we’ve never had less than two officers assigned to the JTTF,” Suhr replied.

And he told Chan more work can be done on the Bureau Order. 
“The intent of the order was to align it with DGO 8.10 and to close any gap that was in the 2007 MOU,” Suhr said.

Chan asked if SFPD has in mind “ a framework or an approach” if a case arises, wherein an officer, in order to defend himself against an allegation of misconduct, or a citizen seeking to discover facts and other evidence relating to an incident, bumps up against this need to know and the fact that apparently JTTF activities are, “under a federal classified information.”

“I think that would probably need to be flushed out in subsequent drafts of the bureau order,” Suhr replied. “I think we could turn the clock back to where the officers are ultimately accountable to the police department, the commission and the citizens of San Francisco.  I think that the most recent MOU, as has been discussed, there was somehow a mishap where it was not reviewed.”

 And while Police Commissioner Petra DeJesus said Suhr’s Bureau Order was, “a step in the right direction,” she added that she felt it needs to be amended to clarify how the Police Commission would truly have oversight of SFPD officers’ JTTF activities.
‘Even though a commissioner is going to look at what’s been done monthly, that commissioner doesn’t have the clearance, and we’d only see a sanitized version of the events,” she observed. “And we need to look at the auditing report part of it.”
 
 And Police Commissioner R. James Slaughter said he thought everyone was “frustrated that the FBI is not here to answer some of these questions.” I think that would help us.”

And now, with four candidates vying to replace Jim Marshall as the seventh Police Commissioner, it’s not clear what the Police Commission will do beyond Suhr’s Bureau Order. But clearly that question now becomes part of the commission selection process.

And so here is the basic direction of Suhr’s new Bureau Order:

 
Under Suhr’s new Bureau Order (not to be confused with an FBI order) SFPD officers assigned to the FBI’s terrorism task force must abide by local policies protecting civil rights rather than looser federal rules.

 “It is the responsibility of the Federal Bureau of Investigations (FBI) to prevent, investigate and respond to terrorism in the United States.” Suhr’s May 18 order states. “The FBI has established local Joint Terrorism Task Forces (JTTF) to share resources and coordinate among federal, state, tribal and local governments. It is the policy of the [San Francisco Police] Department to help prevent and investigate acts of terrorism, protect civil rights and civil libertes under United States and California law, and promote San Francisco as an open and inclusive community by participating in the FBI Joint Terrorism Task Force.”

“The Chief may assign SFPD offices to work on JTTF investigations that comply with the requirements stated above regardless of whether or not the investigation is based in the City & County of San Francisco,” Suhr’s order, which was issued by Deputy Chief Kevin Cashman, continued.

 “SFPD offices shall work with the JTTF only on investigations of suspected terrorism that have a criminal nexus,” Suhr’s Bureau Order concludes. “In situations where the statutory law of California is more restrictive of law enforcement than comparable federal law, the investigative methods employed by SFPD officers working on JTTF investigations shall conform to the requirements of such California statutes. While cross-designated and deputized as federal officers for the purposes of their JTTF assignments, when not operating in a covert or undercover capacity, SFPD officers shall always identify themselves to members of the public as SFPD officers.”

Or as Suhr told commissioners May 18, “Our officers will follow our department orders.”
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Perception of lost integrity costs police

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Reporting by Sarah Phelan. Photograhy by Luke Thomas.

At the San Francisco Public Defender’s Office’s May 18 Justice Summit, the ethics of law enforcement were a central topic. And not surprisingly, the latest incidents of alleged police conduct in which SFPD officers are caught on surveillance video, which the Public Defender’s Office released, as they apparently steal personal property from suspects whose homes in the Julian Hotel they searched for drugs under possibly illegal circumstances, were on everyone’s minds, along with the crime lab and Henry Hotel scandals.

Asked if District Attorney George Gascón, who was Chief of Police until January, is considering a special prosecutor to look into these latest incidents, Sharon Woo, the D.A.’s Chief Assistant of Operations, said the D.A. looks into each case as it comes in. “We are trying to enhance the videos that came in from the Public Defender’s Office,” Woo said in a pre-summit interview. “Some are not as clear as we’d like.”

Earlier this year, when Gascón first became aware of the allegations against officers at the Henry Hotel, he directed the D.A.’s office to open an investigation into the officers and their alleged conduct. The move got David Onek, who is running against Gascón in the D.A.’s race, urging Gascón to turn the investigation over to an independent prosecutor.

But for a week, Gascón maintained that there was no conflict, and when he did finally announce that he was turning the investigation over to the to the U.S. Attorney’s Office – he claimed it was about “resources”. “New information has come to light that indicates it is better to turn over this investigation to the FBI,” Gascón said. “I have spoken to the U.S. Attorney, Melinda Haag, and she has agreed to take over the full investigation. We will of course cooperate fully with the FBI, and provide whatever assistance they need from us.”

At the time, Onek noted that Gascón’s decision was correct step. But he criticized Gascón for not making it his policy to recuse himself from any investigations that relate to his own tenure as chief. And Alameda Assistant D.A. Sharmin Bock, who recently sprung into the D.A.’ race, described Gascón’s situation on this matter as being “between a rock and a hard place.”

But yesterday, Woo noted that while it’s true that Gascón was SFPD Chief when many of the recent misconduct scandals occurred, Mayor Gavin Newsom had already appointed him D.A. when the Julian Hotel incidents occurred in February.

And Peter Herley, former chief of the Tiburon Police Department, told the Guardian that there “is always the Attorney General” to refer cases if D.A.’s feel conflicted. “George Gascón is a very upstanding individual who has also worked for the Los Angeles Police Department and was Chief of Meza, Arizona, and has done a good job in every place he’s been,” Herley said during a pre-summit interview. “So, if he sees a conflict arise, he’d probably recuse himself. It’s the public perception that’s key, that’s paramount.”

During the summit’s panel on ethics, retired San Francisco Superior Court judge Lee Baxter grilled panelists with incisive questions—as befits any self-respecting judge, retired or otherwise–on whether police misconduct is the product of a departmental culture. Noting that there had been a seemingly non-stop string of alleged police misconduct scandals in the Bay Area from drug thefts, dirty D.U.I cases, stolen drugs and setting up a brothel, Baxter observed, “If I saw a movie that included all those things, I’d think that this is not realistic.”

And there was a perhaps surprising amount of stated consensus about what needs to happen next from panelists Woo, Herley, defense attorney Stuart Hanlon, newly sworn-in SFPD Chief Greg Suhr, Anne Irwin, an attorney at the Public Defender’s Office, and John Burris, an Oakland-based civil rights attorney who is renowned for representing plaintiffs in police brutality cases.

Baxter asked the panelists why abuse of power happens, and whether, when we see media accounts of alleged police misconduct, we see the most extreme cases.

Hanlon kicked off by referring to the case of Elmer “Geronimo” Pratt, a former high ranking member of the Black Panther Party, who was tried and convicted of the kidnap and murder of Caroline Olsen in 1972, and spent 27 years in prison, eight in solitary confinement, until 1997 when his conviction was vacated on the grounds that the prosecution concealed evidence that might have exonerated him. In particular, the government had not disclosed that a key witness against Pratt, Julius Butler, was an informant for both the FBI and the LAPD. Pratt eventually received $4.5 million as settlement for false imprisonment—the city of L.A. paid $2.75 million, the U.S. Department of Justice paid $1.75 million.

“We learned that law enforcement officers had hidden evidence, let people commit perjury, and destroyed evidence to convict someone who was innocent, “ Hanlon recalled, noting how when he first worked on the case, folks wondered if Pratt’s claim of innocence was simply part of a big conspiracy theory. “But it was not, it was men and women who thought the ends justified the means” Hanlon said, noting that the “bad apples” theory is typically trotted out during investigations into alleged police misconduct. “But officers see people who they think are bad people, and they feel they must whatever it takes,” Hanlon continued. “Primarily, most law enforcement people are good, but sometimes you get good cops lying to protect bad cops. It’s a dilemma, this concept of ‘what we do we need to do, this ‘us versus them’ concept.”

Hanlon claimed that officers don’t think citizens who live in SROs (single room occupancy hotels) have the same rights as folks in Pacific Heights.
“They think it’s OK to break down doors because these are drug dealers,” he said. And he noted that the recent string of back-to-back scandals are unusual in their proximity but are not unusual, generally speaking. “I’m not an apologist for (Chief) Suhr or the D.A., but I’ve seen these problems forever, and without trust law enforcement doesn’t work,” Hanlon concluded.

Next, Baxter put Suhr in the hot seat by asking him what to do about the “ends justify the means concept”. At which point Suhr, who has been Chief for less than two weeks, observed that the summit, which was packed to the gills with defense and civil rights attorneys, was “a bit of an away game for me, but it’s O.K., I can handle it.” He noted that only 1 in 11 applicants make it through the SFPD Police Academy, where folks undergo 1,100 hours of training, including sessions on abuse of power and responsibilities. “But if something is proven, it’s my intention not to have those officers in the SFPD any more,” Suhr said.

Retired Tiburon Chief Pete Herley revealed that during his decades-long police career, he blew the whistle when three officers nearly beat a gay man to death. “I suffered the consequences for many years,” he said. “It’s very lonely getting death threats, it’s very lonely when you don’t get the backing of fellow officers.”

Herley claimed times have changed a lot. “Change starts in the Academy and the selection of officers, and you have no other law enforcement officers that get more scrutiny, background checks m psychological checks and an 18-month probation period,” he said.

He noted that police chiefs inherit a departmental culture, whether they come into the post from the inside or the outside of the department. And that while the number of officers involved in misconduct is small, “it makes good press.” 

“I really feel one needs to be more loyal to integrity than to people,” Herley continued, noting that his parents were Holocaust survivors, and that his father was aghast when he decided to become a police officer. “But I had certain values and I don’t expect anything less from other people. I expect that every department has something in their rules and regulations that directs their officers that if they see misconduct, it’ll be stopped and the action will be reported immediately to the Chief.

Baxter asked Woo what the D.A. should do, if there is a problem.“All we are is our integrity, our ability to communicate and put forth evidence to juries “ Woo observed, noting that she has been on the frontlines as allegations about the crime lab, the Henri Hotel, and now potential theft, surfaced. “We find ourselves very reactive,” Woo observed, noting that if officers are not being truthful, the D.A.’s office has to look at all the cases they were involved in. “So it really impacts public safety and how all of us view the criminal justice system,” Woo said, noting that officers involved in the Henri Hotel allegations taken off the street.“But we have no interest in prosecuting individuals if it’s not based on solid evidence,” Woo said.

She recommended proactive steps like getting involved in Police Academy training on the law, and what officers can and cannot do, and giving officers tools to make good decisions and arrests, so there is integrity in the system. “If there isn’t, we all lose, not just the criminal justice system, but the entire community,” Woo observed, noting that as SFPD Chief, “Gascón instituted lots of policies to make sure people are doing an appropriate level of review.”

Baxter asked Anne Irwin, an attorney in the Public Defender’s Office, about their office’s role in bringing abuse of power to the attention of the public. “The Public Defender has a unique and natural role as a messenger,” Irwin replied. “We have more meaningful interaction with the victims of police misconduct than anyone else in the criminal justice system. We get into the intimate details of their lives, we develop a relationship of trust, so they confide their stories about police misconduct. And those stories are commonplace.”

Irwin noted that these stories include a disrespect for the Fourth Amendment, perjury and theft. “When you hear those stories over and over, there’s a ring of truth, a consistency,” Irwin said, noting that this is not the first time officers have been captured on camera. “We didn’t say, let’s amass a bunch of evidence. We just basically did our job. Residents told us what someone said in a report is not what happened, so we got videos from Dec. 23 and Jan. 5, and lo and behold, every word was true, two for two.”

Irwin noted that there are many good officers in the SFPD, but questioned whether a culture develops in certain departments, including the plain-clothes units, that allows misconduct to happen. “Without the videos officers would not have had to answer for their conduct,” she observed.

Baxter asked Suhr what it is about the culture that makes some cops go rogue. “Did they work there too long, were the temptations too much?” she asked.

Suhr replied that he worked in narcotics for a long time, and recovered $1.4 million in cash from an apartment in the Western Addition. “I never took a dime, and I am confident that the officers I worked with were of the highest caliber,” he said. “To paint a 2,000-person organization with a broad brush is unfair,” he added. “In the legal profession, every once in a while, you see ugly stories there too.”

Burris, who filed a $25 million wrongful death claim against BART on behalf of Oscar Grant’s family, noted that he has been involved in about 1,000 police misconduct cases in the Bay Area. “A culture exists about how you treat minority communities, “ he said, noting that he had represented black and brown clients for over 20 years. “A culture where you beat people and nothing is done, and you get away with it.”

Burris believes the problem lies in how policies are imposed, as he claimed that when officers join departments they are told to forget what they were taught in the Academy.“This is what you do on the streets,” he said.

Baxter observed that she has seen movies about the code of silence and wondered if it actually exists in police departments. “I don’t think so generally,” Suhr said. “There’s peer pressure to be sure. A regular citizen has a right not to self incriminate, and in the Police Department you can say that, but you are immediately sent to Internal Affairs, where you are told, tell me what happened or you are fired. So, today, the light is shining on us 100 percent of the time.”

Herley noted that his concern lay with situations in which officers see something, but don’t say anything. “I never thought I’d sit here and agree with every word John Burris says, but it starts at the top, and has to be enforced throughout the organization.”

Herley said the two best tools to prevent indiscretions and ensure responsibility are tape recorders and video cameras. “There’s certification of exactly what happened.” As for questions of how much it would cost to outfit officers with this recording equipment, Herley said, “ What is the cost of a lawsuit, the cost the perception of a loss of integrity to a department?”

Police officers accused of theft in videotaped incidents

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In the two such incidents exposed in less than a week by the San Francisco Public Defenders Office, San Francisco Police officers have been caught on surveillance videotape appearing to steal personal property from suspects whose homes were searched for drugs, searches that were also likely to be considered illegal.
“We’re very concerned that these officers are still active, still on the streets, and still testifying in court,” Public Defender Jeff Adachi said during a press conference today, later adding, “We have a pattern of illegal searches and seizures that are occurring.” He called the undocumented property nabs “thefts” and raised doubts about whether officers were actually given permission by the suspects to enter the rooms, as they claimed in their reports.
During Adachi’s press conference, Police Chief Greg Suhr – who was shown the latest video footage on Friday – issued a statement saying the charges were being investigated and the officers involved were being taken off plainclothed duty pending the outcome.
Two officers, Ronaldo Vargas and Richard Guerrero, were involved in both of the videotaped incidents that Adachi released in the last week. In the latest — from a Feb. 25 incident involving 65-year-old Jesus Reyes in which he was stopped in a van and police then searched his apartment at the Julian Hotel, where officers say they found a small amount of methamphetamines – the pair can be seen entering empty-handed and leaving with bags that Reyes says contained his video camera and his nephew’s laptop computer. Neither item was booked into evidence and they remain missing.
In the earlier incident, the officers were accused of stealing a duffel bag during a Dec. 30 raid on a room at the Jefferson Hotel. Adachi has also released four other videotaped police raids in recent months that all seem to show officer misconduct and false statements in their subsequent police reports. And the recent spate of revelations follows a scandal last year in which police and prosecutors withheld information on officer misconduct from the Public Defenders Office and other defense attorneys, despite legal requirements that they share that information. Judges have now dismissed hundreds of criminal cases because of the misconduct by police and prosecutors, and Adachi said the FBI is also investigating the pattern of behavior by SFPD officers.
The drug charges against Reyes were dropped when Guerrero failed to show at the hearing despite being subpoenaed by defense attorneys. But Guerrero was actually on the stand yesterday testifying as a prosecution witness in an unrelated case, raising question about why the DA’s office and SFPD would allow the testimony of someone whose credibility has now been called into serious question.
Reyes said it was his first arrest and that he has no criminal background, but Adachi said that a couple years ago, Vargas was disciplined by the Police Commission after slashing a suspect’s face with a broken pipe.

Gascón’s essential conflict

0

The latest video of a police arrest in a Tenderloin hotel room — this one apparently showing police officers entering a room without a warrant, attacking an unarmed bystander, and stealing a resident’s duffle bag — has set off a wide range of investigations. But what’s really disturbing is that the video is all too typical of what seems to be business as usual among undercover narcotics detectives. In fact, a series of recent security videos show San Francisco cops doing one thing — and reporting something else.

“We’ve yet to run across a single video that matches up with what the police swear to in their report,” noted Chief Public Defender Attorney Matt Gonzalez.

We’re not talking about one police station, one crew, or one rogue cop. This is, to all available evidence, a pattern of rotten behavior in the department. It’s impossible to believe that these are just a few isolated incidents — or that the problems are concentrated in the lower ranks. If command-level officers didn’t know what was going on, then they’re incompetent. If they knew — which is far more likely — then they were covering up.

That’s nothing new in the old boy’s club that is the San Francisco Police Department. While the criminal cases against senior cops in the Fajitagate scandal went nowhere, the evidence strongly suggested that a cover-up had been ordered and executed at all levels.

In that case, Terence Hallinan, the district attorney, took the lead in trying to hold the cops accountable. But now the person running the D.A.’s Office — former Police Chief George Gascón — is politically paralyzed. Gascón can’t investigate systemic corruption in a department that until recently he was running. He can’t, at this point, even seem to figure out which cases he can take and which he can’t. He hasn’t adopted and made public a conflict of interest policy for himself and his office. And any honest policy would make it impossible for him to get involved in any action involving his former employees.

This is, to put it mildly, the exact reason why police chiefs don’t become district attorneys, why Gavin Newsom’s parting shot to the city has badly damaged the credibility of local law enforcement. It’s also the strongest argument possible for the election of a new district attorney.

David Onek, one of the candidates challenging Gascón, has called for a conflict of interest policy saying, “The people of San Francisco deserve and demand a district attorney who will avoid clear conflicts of interest as a matter of policy — rather than personal whim.” That’s a no-brainer. But the problem goes deeper. As Sharmin Bock, a veteran Alameda County prosecutor who is also running for Gascón’s job, noted, there’s no policy that can address this problem. If Gascón punts all investigations of the SFPD to the FBI or the state attorney general, he’s not only giving up local jurisdiction, he’s vastly increasingly the likelihood that nothing will ever happen. The FBI has limited jurisdiction; the Attorney General’s Office isn’t set up to do this kind of work.

“The only answer,” she said, “is a different D.A.”

Gascón needs to deal with this situation immediately, publicly, and credibly. Perhaps the city needs an independent special prosecutor, someone outside Gascón’s office but with full authority to seek indictments (paid for out of Gascón’s budget, since he created this mess.) Because if he can’t find a solution, he’s going to have a hard time convincing anyone he deserves to stay on the job. 

 

Editorial: Gascón’s essential conflict

0

 

The latest video of a police arrest in a Tenderloin hotel room — this one apparently showing police officers entering a room without a warrant, attacking an unarmed bystander, and stealing a resident’s duffle bag — has set off a wide range of investigations. But what’s really disturbing is that the video is all too typical of what seems to be business as usual among undercover narcotics detectives. In fact, a series of recent security videos show San Francisco cops doing one thing — and reporting something else.

“We’ve yet to run across a single video that matches up with what the police swear to in their report,” noted Chief Public Defender Attorney Matt Gonzalez.

We’re not talking about one police station, one crew, or one rogue cop. This is, to all available evidence, a pattern of rotten behavior in the department. It’s impossible to believe that these are just a few isolated incidents — or that the problems are concentrated in the lower ranks. If command-level officers didn’t know what was going on, then they’re incompetent. If they knew — which is far more likely — then they were covering up.

That’s nothing new in the old boy’s club that is the San Francisco Police Department. While the criminal cases against senior cops in the Fajitagate scandal went nowhere, the evidence strongly suggested that a cover-up had been ordered and executed at all levels.

In that case, Terence Hallinan, the district attorney, took the lead in trying to hold the cops accountable. But now the person running the D.A.’s Office — former Police Chief George Gascón — is politically paralyzed. Gascón can’t investigate systemic corruption in a department that until recently he was running. He can’t, at this point, even seem to figure out which cases he can take and which he can’t. He hasn’t adopted and made public a conflict of interest policy for himself and his office. And any honest policy would make it impossible for him to get involved in any action involving his former employees.

This is, to put it mildly, the exact reason why police chiefs don’t become district attorneys, why Gavin Newsom’s parting shot to the city has badly damaged the credibility of local law enforcement. It’s also the strongest argument possible for the election of a new district attorney.

David Onek, one of the candidates challenging Gascón, has called for a conflict of interest policy saying, “The people of San Francisco deserve and demand a district attorney who will avoid clear conflicts of interest as a matter of policy — rather than personal whim.” That’s a no-brainer. But the problem goes deeper. As Sharmin Bock, a veteran Alameda County prosecutor who is also running for Gascón’s job, noted, there’s no policy that can address this problem. If Gascón punts all investigations of the SFPD to the FBI or the state attorney general, he’s not only giving up local jurisdiction, he’s vastly increasingly the likelihood that nothing will ever happen. The FBI has limited jurisdiction; the Attorney General’s Office isn’t set up to do this kind of work.

“The only answer,” she said, “is a different D.A.”

Gascón needs to deal with this situation immediately, publicly, and credibly. Perhaps the city needs an independent special prosecutor, someone outside Gascón’s office but with full authority to seek indictments (paid for out of Gascón’s budget, since he created this mess.) Because if he can’t find a solution, he’s going to have a hard time convincing anyone he deserves to stay on the job.<0x00A0><cs:5>2<c

 

Will SF follow Portland on FBI spy concerns?

1

The Human Rights Commission and the Police Commission will hold a May 18 joint hearing at City Hall to discuss a recently released memo between the SFPD and the FBI that suggests that SFPD officers assigned to the FBI’s Joint Terrorism Task Force are under the control & rules of the FBI. The concern is that the memo allows SFPD officers to circumvent local intelligence-gathering policies, departmental orders and California privacy laws that prevent spying on people without any evidence of a crime. And the hearing comes a few weeks after Portland’s City Council unanimously approved a resolution that Portland Mayor Sam Adams introduced to clarify that Portland and FBI have decided not to enter into a Memorandum of Understanding (MOU) for the JTTF, but that the City will be cooperating with the JTTF according to the terms of Adams’ resolution.

During Portland’s public hearing, the American Civil Liberties Union (ACLU) of Oregon testified in support of the resolution, while raising concerns about the current and past practices of the FBI and the need to ensure that City personnel comply with Oregon laws.

“The Mayor’s proposal represents a thoughtful framework that should meet the City’s and the FBI’s needs to keep our community safe while also ensuring that Portland police stay within the confines of the Oregon Constitution and Oregon Charge of such violations, and a public annual report on the work the Portland Police Bureau does with the FBI JTTF,” ACLU Legislative Director Andrea Meyer stated.

“It is not a question of if but when, our officers will be asked to engage in investigative activities in violation of Oregon law,” Meyer testified. “To guard against this, we expect that there will be appropriate training of PPB personnel not just on Oregon law but on the FBI guidelines and the minimal criteria necessary for them to be able to engage in assessments and preliminary inquiries so that our PPB officers will be equipped to ask the right questions and refuse to participate and report this to the Chief and, in turn, the Commissioner-in-Charge.”
 
During Portland’s hearing, Mayor Adams stressed that the FBI’s standard JTTF MOU (which is similar to the agreement SFPD officers have operated under since March 2007) —is neither clear nor adequate in terms of addressing local civil rights concerns. And that’s why he sought and won federal consent for a non-MOU arrangement with Portland participating on a limited basis, on its own terms, with local civilian oversight and involvement from the City Attorney.  

“The question pending in SF is whether local officials — from the Police Commission, to City Attorney, to Mayor, will eventually insist on a similarly protective arrangement here, “John Crew of the ACLU of Northern California told the Guardian. “Right now, Portland shows what’s possible, and what the federal government will accommodate. I don’t know why Bay Area cities would not insist on at least something this strong.”

San Francisco’s joint hearing takes place May 18, 5:30 p.m. – 8:30 p.m. in Room 250 at City Hall.

SF’s top cops differ on local control

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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.

And the next chief is…yes, Suhr!

3

Mayor Ed Lee appointed a deeply emotional Captain Greg Suhr as Chief of the San Francisco Police Department during a swearing-in ceremony where the majority of folks were either elected officials, running for election, running each other’s electoral campaigns—or wearing SFPD uniforms.

And in the end it seemed that the choice may have been influenced by pressure from the powerful San Francisco Police Officers Association, judging from the comment Lee jokingly directed at SFPOA leader Gary Delagnes, saying, “Gary, it’s time to get quiet and go to work.”

Lee told a standing-room only crowd that when he returned from Hong Kong to San Francisco four months ago finding a new police chief was his top priority. And that initially it was suggested (Lee did not say by whom) that he leave the SFPD situation alone and allow an elected mayor to appoint the next Chief.

‘While I am an interim mayor, this is not an interim decision,” Lee told the crowd, signaling that while he may be out of office in January, Suhr may be here to stay as the city’s top cop.

“Today, I’ve chosen the best candidate,” Lee continued, thanking Acting Chief Jeff Godown for his work leading the SFPD since former Mayor Gavin Newsom made the shocking decision to appoint former Chief George Gascón as District Attorney.

But while Newsom’s move may have upset the apple cart in the D.A.’s race, it sure seems to be working out well for Suhr.

Describing Suhr as “a police and people’s Chief: and “a reformer from the inside out,” Lee ran through a long list of the new Chief’s contributions to the SFPD. These included Suhr’s 30 years of service, his climb through the ranks to become Captain of the Mission station, his gig as Captain of the San Francisco Public Utilities Commission in a Homeland Security capacity, and, since 2009, as Captain of the Bayview station.

Suhr began by saying he was “speechless.” Donning glasses to read a speech that he had prepared the night before, Suhr choked up when he talked of being “fourth-generation, born and raised in San Francisco.” Recovering his composure, Suhr smoothly changed gears, as he joked how his appointment therefore makes him “a local hire,”—an insider reference to Sup. John Avalos’ recently approved local hire legislation that Mayor Lee is helping enact citywide.

Suhr recalled how he started out as a rookie on the midnight shift in the Tenderloin in 1981. He thanked his family, his friends and his girlfriend Wendy. And then he asked for a moment of silence “ to honor the memory of all the brave officers who have given their lives in the line of duty.”

Lee reclaimed the podium long enough to jokingly ask Suhr  “to investigate the whereabouts of my birth certificate” as his first assignment as the new chief.

Then it was Board President David Chiu’s turn. Chiu described Suhr as someone, ”who knows our streets, walked the walk, and knows the beats, someone who we all feel confident will be able to bring the SFPD the reform that former Chief Godown, Chief Gascón and Chief Heather Fong initiated. “

San Francisco Superior Court Judge Katherine Feinstein, who is the daughter of Sen. Dianne Feinstein and the presiding judge of the Superior Court, recalled how she has known Suhr since the mid 1980s. “I have watched him as each of our careers have moved forward,” Feinstein said, noting how there were some “steps forward and some steps backward” and how, “there were those who thought this day would never come.” (Feinstein’s words were the only reference to some of the less sunny moments in Suhr’s long and distinguished career. These included his 2003 indictment as part of Fajitagate, an incident that involved off-duty officers, a bag of take-out food, a beer bottle and injuries sustained by two local residents. Suhr was cleared of wrongdoing the next year, but was reassigned by then Chief Heather Fong to the PUC position after an incident in 2005, in which a police officer was seriously injured at an anarchist protest, and videographer Josh Wolf was held in federal prison for 226 days after he refused to release unedited footage of the protest.)

Next up was D.A Gascón and his rooster-like shock of silver hair. Gascón noted that when he first came to San Francisco, in the summer of 2009, he had no allegiances to, and no prior knowledge of, people inside the SFPD.

“I looked at Greg Suhr and one of the things that impressed me is how he worked with and related to people,” Gascón said, explaining why he appointed Suhr as Bayview Captain “Not only has he exceeded all expectations he did an incredible job,” he said.

 Police Commission President Thomas Mazzucco said that in the 100 days since the Commission announced it was looking for a new chief, it became clear that Suhr has the support of SFPD’s rank-and-file.

Mazzuco noted that he met Suhr in high school. “I knew he could hold a ball,” Mazzuco added, noting that he subsequently became Suhr’s football coach, even though he is younger than Suhr. “What the Police Commission has brought to us is not only a native son but also a cop’s cop. It’s an honor to have him as his chief.”

And after the swearing-in, the sentiment among officers in blue appeared to be strongly in Suhr’s favor. Lt. Ken Lee of Central Station recalled how he and Suhr went through the police academy together about 30 years ago.

“We went to different assignments but we’ve maintained a friendship,” Lee said. “The moment I met him I liked him. He was a very stand-up person, and as a native San Franciscan like myself, you could tell he had strong ties to the city. He’s a hard worker, he’s very dedicated to what he does.”

Lt. Mario Delgadillo, also of Central Station, said Suhr hasn’t lost his connection to the street. “That also means a lot, when you have a boss who’s walking with you,” Delgadillo said.

Suhr takes over the SFPD as it’s grappling with the fallout from a recent spate of scandals, including videos that Public Defender Jeff Adachi released that appear to show police misconduct at residential hotels and that forced DA Gascón to hand over his investigation of this alleged police misconduct to the FBI. Asked during a media roundtable what his appointment means for Acting Chief Godown, Suhr said Godown has returned to being Assistant Chief of Operations, which was the post he held before Gascón, who recruited Godown from LAPD, was appointed DA.

In response to a question about his top priorities as police chief, Suhr noted, “When I sit down with the mayor this afternoon, the mayor’s going to tell me what his priorities are. My first priority will be blocking the door open on the 5th floor so that if you wanna come see me you can, like it used to be. Then I have to meet with the command staff and captains and get their take on where they think we are, where they think we’re moving forward best, and match that up against how I’ve seen from a position of Bayview, how that matches up. And then see if I can’t meet with different community groups, the different police employee groups and the command staff.”

He didn’t mince words when it came to indicating that SFPD officers are going to be asked to give back during upcoming budget negotiations
“I’m sure that there’s going to have to be adjustments and I look forward to working with a collaborative effort with the mayor and the board and the unions and the rank and file,” Suhr said. “When the economy’s been good we’ve benefited by it, and now that the economy has … gone the other way, to some extent I think that the officers are willing to give back to do whatever needs to be done to keep the city safe.”

So, how does Suhr think he differs from former Chief Gascón? 

”He has a gorgeous head of hair,” Suhr joked. “To put it in a sports analogy, he’s a quarterback shortstop guy, and I’m more of a catcher, lineman, linebacker kind of guy. But I admire him, I think he moved a lot of issues forward for the police department, and I look forward to continuing those initiatives and giving a few of them a shot in the arm that I think were beginning to wane a bit.”

Suhr also talked about how he has always wanted to become a police officer (a comment that suggests he’s not planning to use the Chief’s post as a stepping stone to the District Attorney’s Office).

”When I went into the police department. on Silver Avenue which is now Willie Brown Academy — that was the police academy back in 1991 when I came in — man, we looked at just the regular uniformed police officers with just stars in our eyes, because they were just the sharpest, classiest folks that we were aspiring to be,” Suhr said.

And he indicated that as Chief, he won’t tolerate dishonesty in the face of ongoing investigations into alleged police misconduct. ”The character of a police officer must be above reproach,” Suhr said. “And I think that the investigation will show what it ends up showing, but I don’t think that there’s a police officer in San Francisco that would want to have a dishonest cop and I’d be at the top of that list. So I want all my officers to be of character that is above reproach.

Asked if he welcome clarification around the duties of SFPD officers assigned to the FBI’s Joint Terrorism Taskforce, Suhr said he believed an examination of the wording of the FBI’s most recent memorandum of understanding (MOU) with the department was already under way.

“I believe that the MOU is being revisited,” Suhr said. “I have not been a part of that, but again I think we have a real good policy with regard to our intelligence gathering and that does supercede any ask of any other agency. The officers are bound by policies and procedures. And that policy was well thought out with tremendous community and group input years and years ago, from situations that have not since repeated themselves. I think a lot of people back then couldn’t believe they happened in the first place, but I think measures were well thought out and put in place to make sure we don’t have a problem again.”

And at the end of the day, Suhr expressed the hope that his tenure as Chief would endure long after the interim mayor is replaced by an elected mayor.

”I’m a native San Franciscan, and this is a dream come true,” he said. “It’s my first day. However this story ends, with a little bit of luck (raps on the wood tabletop) it’s not going to end today.”

Spies in blue

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sarah@sfbg.com

San Francisco cops assigned to the FBI’s terrorism task force can ignore local police orders and California privacy laws to spy on people without any evidence of a crime.

That’s what a recently released memo appears to say — and it has sent shockwaves through the civil liberties community.

It also has members of the S.F. Police Commission asking why a carefully crafted set of rules on intelligence gathering, approved in the wake of police spy scandals in the 1990s, were bypassed without the knowledge or consent of the commission.

“It’s a bombshell,” said John Crew, a long-time police practices expert with the American Civil Liberties Union of Northern California.

The ACLU obtained the document April 4 under the California Public Records Act after a long battle. It’s a 2007 memorandum of understanding outlining the terms of an agreement between the city and the FBI for San Francisco’s participation in the Joint Terrorism Task Force.

And, according to Crew, it effectively puts local officers under the control of the FBI. “That means Police Commission policies do not apply,” Crew said. “It allows San Francisco police to circumvent local intelligence-gathering policies and follow more permissive federal rules.”

Veena Dubal, a staff attorney at the Asian Law Caucus, agreed: “This MOU confirms our worst fears,” she said.

Dubal noted that in the waning months of the Bush administration, the FBI changed its policies to allow federal authorities to collect intelligence on a person even if the subject is not suspected of a crime. The FBI is now allowed to spy on Americans who have done nothing wrong — and who may be engaged in activities protected by the First Amendment.

FBI activity under this new “assessment” category has since come under fire, and a recent report in The New York Times showed that the FBI has conducted thousands of assessments each month, and that these guidelines continue under Obama.

And if the feds do control San Francisco police policy, then the San Francisco cops could be spying on innocent people — a dramatic change from longstanding city policy. “The MOU is disturbing,” Police Commission member Petra DeJesus told the Guardian. “The department is assuring us that local policies are not being violated — but it looks as if it’s subject to interpretation.”

It’s the latest sign of a dangerous trend: San Francisco cops are working closely with the feds, often in ways that run counter to city policy.

And it raises a far-reaching question: With a district attorney who used to be police chief, a civilian commission that isn’t getting a straight story from the cops, and a climate of secrecy over San Francisco’s intimate relations with outside agencies, who is watching the cops?

 

SPIES LIKE US

San Francisco has a long — and ugly — history of police surveillance on political groups. SFPD officers spied on law-abiding organizations during the 1984 Democratic National Convention; kept files in the 1980s on 100 Bay Area civil, labor, and special interest groups; and carried out undercover surveillance of political groups focused on El Salvador and Central America.

Those abuses led the Police Commission to develop a departmental general order in 1990 known as DGO 8.10. The local intelligence guidelines require “articulable and reasonable suspicion” before SFPD officers are allowed to collect information on anyone.

Even those rules weren’t enough to halt the spies in blue. In 1993, police inspector Tom Gerard was caught spying on political groups — particularly Arab American and anti-apartheid organizations and groups Gerard described as “pinko” — and selling that information to agents for the Anti-Defamation League.

As the ACLU and Asian Law Caucus noted in a December 2010 letter to Cdr. Daniel Mahoney: “That scandal was not just about the fact that peaceful organizations and individuals were being unlawfully spied upon and their private information sold to foreign governments, but that the guidelines adopted in 1990 had never been fully implemented by SFPD. No officers had been trained on the new guidelines and no meaningful audit had ever been implemented.”

Over the years, the commission has tried to keep tabs on police intelligence and prevent more spy scandals. The general order mandates that local police officials have to request general authority from a commanding officer and the chief to investigate any activity that comes under First Amendment protections — and must specify in the request what the facts are that give rise to this suspicion of criminal activity. The order also states that the chief can’t approve any request that doesn’t include evidence of possible criminal activity.

Those requests are reviewed monthly by the Police Commission and there are annual audits of the SFPD files to monitor compliance — so the notion that the local cops are joining the FBI spy squad without commission oversight is more than a little disturbing.

Officials with the FBI and SFPD are doing their best to reassure the local community that there’s nothing to worry about. But so far their replies seem to duck questions about whether FBI guidelines trump local policies. For example, the MOU states that “when there is a conflict, [task force members] are held to the standard that provides the greatest organizational benefit.”

We asked Mahoney to clarify: does that mean the local cops could be held to the FBI’s standards?

“The San Francisco Police Officer(s) who are assigned to the Joint Terrorism Task Force always have and continue to be required to follow all SFPD’s policies and procedures,” Mahoney replied in a statement.

That’s confusing; do they follow SFPD policies, or obey the MOU?

We asked FBI special agent-in-charge Stephanie Douglas whether SFPD officers are involved in surveillance and “assessments” (that FBI code word for creating spy files on individuals and groups) and whether they are identifying as SFPD or FBI officers.

“The FBI only initiates investigations on allegations of criminal wrongdoing or threats to our national security,” Douglas replied April 21. “Our investigations are conducted in compliance with the Constitution, the laws of the United States, the Attorney General Guidelines, the Domestic Investigation and Operations Guide, and all other FBI policies.”

Okay, that’s typical FBI-speak. Here’s more: “The JTTF is a task force comprised of FBI special agents, agents from other federal agencies, and local police officers who have been officially deputized as federal task force officers (TFOs) who have the power and authority of a federal agent. Because all JTTF TFOs are actually de facto federal agents, they are required to operate under federal laws and policies when involved in a JTTF case.”

So the cops are actually feds. But wait: “Our standard JTTF MOU recognizes, however, that the JTTF TFOs do wear two hats, as it were, and directs JTTF TFOs to follow his or her own agency’s policy when it is stricter than the FBI policy under certain circumstances,” Douglas concluded.

Again: not exactly clear, and not exactly reassuring.

“At some point they need to say whether SFPD officers are engaged in assessments,” Crew said.

These questions have spurred the Police Commission and Human Rights Commission to schedule a joint hearing in May to discuss what the document means, why SFPD never alerted the civilian oversight authorities, and whether a clarifying addendum can be tacked onto the agreement.

 

SPY FOR US OR LEAVE

The concerns are likely to be intensified by recent developments in Portland, Ore.

Portland dropped out of the Joint Terrorism Task Force in 2005 over concerns that local cops would be violating privacy laws. But in November 2010, the FBI thwarted a bomb plot allegedly linked to terrorists, and city officials came under pressure to rejoin the JTTF.

But Mayor Sam Adams has insisted on language that would bar local cops from doing surveillance and assessments, which, apparently, won’t fly with the feds.

On April 20, Willamette Week, the Portland alternative paper, wrote that Adams “effectively scuttled” Portland’s reentry into its local JTTF because of his anti-spying language.

In an April 19 letter to Adams, U.S. Attorney for Oregon Dwight Holton stated that Adams’ proposal of only allowing officers with the Portland Police Bureau to be involved in investigations and not in FBI assessments was a deal-breaker.

“Unfortunately, as currently drafted, the proposed resolution does not provide a way in which the PPB can rejoin the team,” Holton wrote. “There is a single provision that stands as a roadblock to participation — specifically the provision that seeks to have the City Council delineate only certain investigative steps a task force officer can take part in. Specifically, the resolution seeks to dictate for the JTTF which stages of an investigation task force officers from the [Portland police] can work on.”

“Investigation and prevention of complex crimes and terrorism are typically fluid and fast-moving,” he added. “It makes no sense to ask [Portland police] officers to be in for one part of a conversation, but out for another part of the same conversation as investigators discuss findings from assessments, investigations, etc. in evaluating and addressing terrorist threats in Portland and beyond.”

The message isn’t lost on San Francisco civil liberties activists. If you don’t let your cops join the spy squad, they can’t be a part of the task force.

“It was one thing to join the JTTF 10 years ago when they were operating under guidelines that, while not to the ALCU’s taste, were at least tied to some level of suspicion,” Adams said. “But they have taken their procedures and guidelines and moved them to the far right. It’s one thing to say that it’s necessary for the FBI to do that, and quite another to say that local agencies have to forfeit their own policies — and with no public debate or decision-making.”

 

ASK THE FEDS FIRST

Further complicating the question of police oversight is the fact that George Gascón, who was police chief when civil liberties groups started asking for a copy of the MOU last fall, refused to turn over the document without asking the feds first.

In a Jan. 4 letter to the ACLU and ALC, Gascón and Mahoney stated that the SFPD could not speak to information about the duties, functions, and numbers of officers assigned to the Joint Terrorism Task Force “without conferring with our partners in the Federal Bureau of Investigation.”

“I am sure you can appreciate the delicate balance we hold in crafting policy that not only supports our mission in the ultimate protection of life, but also in advancing democratic values through collaboration with the communities we serve,” Gascón and Mahoney wrote.

And Gascón is now district attorney.

“It raises the question of accountability,” said Public Defender Jeff Adachi “We want to make sure that police officers working in the city, regardless of whether it be for the feds or the SFPD, are complying with general orders and policies established by the department. But when officers go on an assignment with the feds, we don’t know if they are operating under parameters set by local law.”

Unearthing the FBI’s hitherto clandestine MOU with the SFPD appears to be yet another sign that local police are increasingly being subjected to federal policies not in keeping with local procedures.

As the Guardian previously reported, the 2008 decimation of San Francisco’s sanctuary city legislation and the 2010 activation of the federal government’s controversial Secure Communities program, which both happened during former Mayor Gavin Newsom’s tenure, means that the city of St. Francis now ranks among the top 38 counties nationwide that are deporting “noncriminal aliens.”

Dubal also noted that the FBI came to the SFPD in 1996 asking for help with the task force, but also sought a waiver from the Police Commission so officers could participate without having to follow local rules. “And within two weeks, then Mayor Willie Brown said, not in our town,” Dubal said. “So in 1997, the SFPD said we are not going to join unless we can follow our own rules. And in 2001, when the SFPD joined, it was under an MOU that required them to comply with SFPD rules and was signed in 2002 by then-SFPD Chief [Earl] Saunders.”

Dubal said that after local law enforcement agencies sign an MOU with the FBI, they designate and assign officers to work from FBI headquarters. “In the past, two SFPD officers, paid with San Francisco tax dollars, physically worked in the FBI’s office in a secure room where you can only go if you have security clearance. But they still can’t spy without reasonable suspicion, and they also need audits.”

Crew and Dubal said that in a recent meeting, SFPD officials assured them that local police were following General Order 8.10, but that they are open to creating an MOU addendum to clarify this.

Crew and Dubal remain unsure if the FBI would be agreeable to signing off on that. They note that the FBI has previously stated that its JTTF has sensitive investigations going on so it can’t give the public all the information. “Fine, but the issue is, Are these investigations based on suspicion, or are they based on religious background, associations, ethnicity, and travel patterns?” Dubal said.

They also doubt that the MOU would even have surfaced if not for comments that then SFPD Chief Gascón made, first in October 2009, then in March 2010, that triggered an uproar in the local Muslim, Arab, and Pakistani and Afghani communities.

At the time, Gascón, who has a law degree and graduated from the FBI Academy, had just landed in San Francisco fresh from a stint as police chief for Meza, Ariz., where he drew praise for speaking out against Maricopa County Sheriff Joe Arpaio’s inhumane treatment of undocumented immigrants Given this seemingly progressive stance, Gascón shocked civil libertarians in San Francisco when he said he wanted to unearth SFPD’s intelligence unit, which was disbanded amid scandal in the early 1990s.

“We have to realize that in the post-9/11 world, San Francisco is an iconic city, like New York, Washington. and Los Angeles,” Gascón said. “If somebody wanted to make a big statement about something they disliked about America, doing it here would definitely get attention. We need to know what is going on under the surface of the city.”

But Gascón did not say how a revived police spy unit, which had been shut down in large part due to Crew’s work, would operate. And six months later, he upset Bay Area Muslims during a March 2010 breakfast by reportedly saying that the Hall of Justice building was not just susceptible to earthquakes, but also to an attack by members of the city’s Middle Eastern community who could park a van in front of it and blow it up.

Gascón subsequently claimed that he “never referred to Middle Easterners or Arab Americans,” but that he had instead singled out the Afghanistan and Yemen communities because they pose “potential terrorism risks”

“In light of Gascón’s comments and his desire to resurrect the intelligence unit, people were asking, ‘Is it possible that the SFPD is also doing the same thing?'” Dubal asked, noting that she started getting complaints in 2009 and throughout 2010 about the FBI.

“Folks were saying that the FBI was asking about their religious identity, their family situation, and their political activities,” she recalled. “I certainly saw an upswing in innocent people being contacted. People were saying, ‘What the hell? — the FBI knocked on my door at 5 a.m.'”

 

COMMUNITIES UNDER SIEGE

A 2011 Human Rights Commission report documents frequent complaints from Arab, Muslim, and South Asian communities facing racial and religious profiling while traveling and unwaraanted interrogation, surveillance, and infiltration by local and federal law enforcement personnel at their homes, places of worship, and workplaces.

The report recommended asking the supervisors and the Police Commission to “ensure that all SFPD officers, including those deputized to the Joint Terrorism Task Force, follow and comply with local and state privacy laws, including DGO 8.10.”

On April 5, the Board of Supervisors voted 10-0 to approve a resolution, sponsored by Sup. Ross Mirkarimi and cosponsored by Sups David Chiu, Eric Mar, David Campos, and John Avalos, to endorse the HRC report.

All this is happening against the backdrop of FBI guidelines that have been loosened twice since September 2011, first by U.S. Attorney General John Ashcroft in the wake of the 9/11 terrorist attacks, then by Attorney General Michael Mukasey in the dying days of the Bush administration, and now by the Obama administration.

And as The New York Times reported in March, records obtained through a Freedom of Information Act request show that between Dec. 2008 and March 2009, the FBI began 11,667 assessments of people and groups for criminal/terror links, completed 8,605 assessments, and launched more than 400 intensive investigations based on the assessments. The FBI also told the Times that agents continue to open assessments at about the same pace

Crew noted that Mukasey’s guidelines marked the first time since 1976 that the FBI has been allowed to do assessments and collect files without a suspicion that a crime has occurred.

Dubal observed that the most relevant documents to emerge from a recent FOIA request to determine if the FBI has engaged in disturbing intelligence gathering activities are those related to “geomapping.”

“The materials are not particular to Northern California, but they show how FBI maps communities based in ethnic concentrations,” Dubal said.

Dubal also pointed to the case of Yasir Afifi, an Egyptian American student from Santa Clara, who found an FBI tracking device on his car when he took it in for an oil change. In March 2011, CAIR filed suit in Washington, D.C., alleging that the FBI violated Afifi’s First, Fourth, and Fifth Amendment rights by failing to obtain a warrant.

DeJesus recently told the Guardian that the Police Commission was never made aware of the MOU’s existence. “The chief should have checked in with the commission president, at the very least,” she said. “The idea that they were not reporting this to anyone is disconcerting.”

“The SFPD does not have the authority to enter into a secret agreement with the FBI whereby some of its officers are allowed to conduct intelligence operations in violation of the Police Commission’s General Order 8.10,” Crew added.

In a Jan. 25 letter to Mahoney, representatives from the ACLU and the ALC noted that “in the past, the SFPD had not previously deferred to the FBI on whether or how to openly address how San Francisco police officers will be supervised and held to well-established and painstakingly and collaboratively crafted San Francisco general orders.”

“These are low-level investigations that require no criminal predicate, meaning that when initiating an assessment, FBI agents can conduct intrusive forms of investigation without any criminal suspicion,” Dubal said. “These include interviewing innocent Americans, infiltrating organizations, using open source data to spy and surveil, going into religious centers such as mosques to spy and surveil, and recruiting and using informants.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hot sexy events: April 6-12

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Hey sexy momma. No really, all you mothers out there – you need love too! And though Good Vibes has been holding their Mommy’s Playdates for awhile, flush with sex toy consultations and complimentary refreshments for female breeders, now there’s a new event that especially geared towards those mamis out there: this month’s Femina PotensKinky Mamas. Local kinky ladies with offspring will bare their souls on the mic, sure to be an affirming evening.

Why the emphasis on uterus production? We haven’t left the Virgin-Madonna paradox behind, guys. One need only point to the discomfort stirred up by a photo of a naked pregnant woman (or that sex scene in Knocked Up) to see that sexy motherhood – well, it’s just not accepted in the public arena. But with Femina Potens founder Madison Young, sexy webcaster Suzie Bright, and Thea Hillman – part of the “homosexual revolution,” according to Focus on the Family — all having boarded the child-rearing train, it’s high time to start considering where a sex-positive life fits into having little ones.  

“Couple Seeking… : How to Have a Threesome”

Is there a more complicated sexual situation than the couple-and-a-third threesome? I’m sure you readers can think of one – but there’s no getting around the fact that this is a bedroom bang that deserves some forethought. Let sexperts Danielle Haral and Celeste Hirschman guide you through the basics of selecting your playmate and what to do with them once you’ve got them. Note: this workshop caters towards heterosexual couples seeking a male or female third. 

Weds/6 6-8 p.m., one person $20-25, couples $35-45

Good Vibrations

1620 Polk, SF

(415) 345-0500

www.goodvibes.com 


Sizzle: Sexy Mamas

Porn stars, authors, sex educators – mothers all, and they’re here to revel in it. Celebrate sex-positive motherhood at this Femina Potens event at Mission Control. 

Thurs/7 8:30-11:30 p.m., $10 Femina Potens or Mission Control members only

Mission Control 

www.missioncontrolsf.org


Bawdy Storytelling: The Unlikeliest Places

It’s begun: Bawdy Storytelling has started its gradual takeover of the planet with the storytelling series’ first show outside SF city limits. For the event’s East Bay debut, the exhibitionists onstage will discuss those moments when they did that … there? Rumor has it the evening will include a tale of getting drunk in a hospital – but who hasn’t done that?

Thurs/7 8 p.m., $10

The Uptown Night Club

1928 Telegraph, Oakl.

www.uptownnightclub.com


Kinky Karaoke 

Just a good old-fashioned, no-pressure karaoke meet-up – although if you happen to catch sparks with that sexy singer belting out “My Way,” just give them a nudge if they sit down at the table near the stage with the stuffed animal on it. That’ll be the place to go if you’re looking to hang with other local kinksters. Just remember, dress casual – karaoke’s open to the public, so you might want to leave your strap-on in your satchel. 

Thurs/7 7-11 p.m., two drink minimum

The Mint

1942 Market, SF

www.soj.org


The Society of Janus sampler night

A BDSM buffet for those interested in trying something new, tonight at SF Citadel instructors will have areas set up for demonstrations and “samples” of various kink techniques. Electrical play, bondage, impact play, and psychological play will all be demonstrated – now that’ll make you hot for teacher. 

Sun/10 6:30-9:30 p.m., free

SF Citadel 

1277 Mission, SF

(415) 626-2746

www.sfcitadel.org 


“The Price of Sex”

Well it’s hardly hot or sexy, but it is part of our world’s carnal reality, and we should all probably be up on the issue. Here’s a screening of a documentary on the netherworld of Eastern European sex trafficking, an investigation launched by Bulgarian photojournalist Mimi Chakarova. Chakarova will be on-hand for a post-screening Q&A, as will be her filmmaking team and a retired FBI agent (!). 

Tues/12 7-8:30 p.m., free with RSVP

Sutardja Dia Hall Banatao Auditorium

UC Berkeley, Berk. 

(510) 642-3394

journalism.berkeley.edu

 

Preaching Tikkun

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Michael Lerner recently endured death threats, attacks on his house, and a cyber attack that shut down the website of his beloved magazine Tikkun. But it’s nothing new for an outspoken outsider whom infamous former FBI director J. Edgar Hoover once dubbed “one of the most dangerous criminals in America.”

The 68-year-old rabbi jokes that his middle name is chutzpah (Yiddish for audacity, good or bad) and says he has been a magnet for controversy his entire life. But that doesn’t make the recent threats from Zionists and other strong advocates for Israel any less scary.

The latest controversy comes on the heels of Tikkun’s silver anniversary celebration, held March 14, when the progressive Jewish publication honored human rights advocate Judge Richard Goldstone, whose report condemning Israeli war crimes in Gaza was strongly criticized by Jewish leaders. The day after the Tikkun event, vandals plastered posters outside Lerner’s Berkeley home depicting him as a Nazi cooperating with an Islamic extremist to destroy Israel. Previously vandals broke into his home, wreaking havoc inside and leaving graffiti to communicate their message.

After all these years, Lerner bears the threats and accusations with eternal optimism and resilience, preaching the still-radical message of “peace, justice, nonviolence, generosity, caring, love, and compassion.” The message has been at center of the Berkeley-based magazine’s mission for 25 years.

Aside from being a vibrant spiritual community based on traditional Jewish and other humanistic values, Tikkun has deeply influenced the discourse in the wider Jewish community. It has challenged the Jewish community’s automatic support for Israel and Zionism and started a spirited debate, triggering an angry backlash in the process.

As its readership has diversified across religions, so has its mission, leading Lerner to found the Network of Spiritual Progressives in 2005. Dismayed by how conservatives use the notion of family values, Lerner has sought to create a progressive framework to address the human need for spiritual meaning.

“Tikkun is the major thing I did with my life,” Lerner tells us.

The recent celebration included an award ceremony for those Lerner’s team deems most “Tikkunish.” The title of the magazine comes from the old Hebrew phrase tikkun olam, a principle of shared responsibility to “heal, repair, and transform the world.” Previous winners include poet Allen Ginsberg and historian Howard Zinn.

Goldstone is known for helping to dismantle apartheid in South Africa and prosecuting war crimes in the former Yugoslavia and Rwanda. Most recently, Goldstone headed a U.N.-sponsored investigation into Israel’s attack on Gaza two years ago. The investigation concluded that indiscriminate bombing in densely populated areas by Israeli forces amounts to war crimes.

Israel and many Jewish leaders have harshly criticized Goldstone’s report on the Gaza attack for its purported biases, saying it unjustly jeopardizes Israel’s international standing and reputation. But at Tikkun’s award ceremony, Goldstone reaffirmed the findings of his investigation and said that he was compelled to act because he believes in the “right of civilians to be protected even in war.”

Lerner sees Goldstone’s actions as important and deeply Jewish, calling him “a person who takes seriously a central command of Torah: ‘Justice, justice shalt thou pursue.'” The two men have had a relationship since Lerner reached out to Goldstone a year ago. At the time, Goldstone was facing so much backlash that some members of South Africa’s Jewish community sought to bar him from attending his son’s bar mitzvah. That was when the first attack to Lerner’s home occurred.

Berkeley Police Department spokesperson Sgt. Mary Kusmiss said the police have “no leads or identified suspects.” She went on to say that the latest incident may be classified as a hate crime.

“When people start coming to attack your house, you don’t feel safe,” Lerner said. “You don’t know what these crazy people will do next.” But he insists he does not want to make a big deal out of the threats, saying extremists have never altered his actions or politics.

Lerner has always tried to challenge the American Jewish establishment, a term for organizations with an array of religious, cultural, and political concerns but a common hawkish stance on Israel and American foreign policy.

“Israel has been turned into God,” he explains. “You can walk into any synagogue in America and you can tell them ‘I don’t believe in God, I don’t like the Torah, and I’m not following the Ten Commandments’ and be welcomed. But if you go into that same synagogue and say, ‘I don’t support Israel,’ you are kicked out. People are worshiping Israel and God has been abandoned.”

But Lerner notes shifting public opinion, especially among younger Jews. Many are experiencing ethical dissonance between the righteous and heroic Israel commonly portrayed in the Jewish community and the increasingly visible reality of Israel’s military occupation of Palestinian lands, human rights abuses, and violations of international law.

While criticism of Israel coming from non-Jews is often dismissed as anti-Semitism, Jews who express dissent often get called “self-hating.” But Lerner said the illogical conclusion that Israel is the same thing as the Jewish people, and that if you criticize Israel you hate yourself has become less effective in silencing dissent. “It simply isn’t true that people are angry at Israel because of some internal psychological deformation,” Lerner said. “[Increasingly] people are saying ‘If being ethical is the same as being a self-hating Jew, then I choose to be ethical.’ “

But Lerner comes under fierce criticism from Jewish hardliners for his views. Attorney Alan Dershowitz, an outspoken supporter of Israel’s government, famously wrote a 2006 commentary in j., the Jewish news weekly of Northern California detailing Lerner’s “offense against decency and the Jewish people,” concluding that Lerner is a “rabbi for Hamas.” According to Dershowitz, “Tikkun is quickly becoming the most virulently anti-Israel screed ever published under Jewish auspices.”

But Lerner isn’t really on the radical edge in criticizing Israel. Although Tikkun courted controversy in 1988 by denouncing Israel’s occupation of Palestinian territories, the magazine today doesn’t support the movement that is pushing a policy of boycott, divestment, and sanctions of Israel initiated by Palestinian activists in 2005 as a nonviolent tactic to pressure Israel to change its policies. But Lerner still seeks to foster debate on the topic, as he did in the July/August 2010 issue, which featured Rebecca Vilkomerson of Jewish Voice for Peace arguing for at least a partial support of the tactic.

Lerner’s ire has always been directed at powerful institutions, from the military to the white Southern power structure. As a college student, Lerner directly engaged in the nonviolent protests of the 1960s. While working toward his first PhD (philosophy) at UC Berkeley, Lerner was president of Students for a Democratic Society. Later, while working on his second PhD (psychology) in Seattle, Lerner was arrested and found guilty of instigating a riot during a protest against the Vietnam War. The conviction was later overturned, but his reputation as a dangerous radical was solidified in the minds of Hoover and other establishment figures.

Lerner never abandoned his belief in the validity and power of protest. “I would like to see young Jews confront the Jewish institutions,” he said. “I want to see sit-ins and demonstrations to challenge those who are willing to give support to the right-wing governments of Israel.”

Yet he has also grown skeptical of many leftist groups. “As spiritual progressives, we are critical of progressives,” Lerner explains. Although he agrees that a major redistribution of political and economic power is necessary, he argues that something is missing on the left, with its focus on secular ideas and neglect of real spiritual needs.

Lerner says the left’s shortcoming has allowed the right to tap into popular discontent and win support by championing church and family.

While working toward his PhD in psychology, Lerner was part of a team that interviewed thousands of working Americans. “What we discovered was there was a spiritual crisis in peoples lives. There was a deep hunger for a framework of meaning and purpose to life that would transcend the individualism, selfishness, and materialism that people are working all day long in the workplaces,” he said. “People don’t like the message of the work world that the bottom line is to maximize money and power, and to do that you must look out for No. 1 and not care about others.”

His response was to found Tikkun, whose message can attract even agnostics. Alana Price does not describe herself as religious, but she has recently been promoted to be the co-managing editor of the magazine. “I knew Tikkun built a bridge between the religious left and the secular left, so I was excited about that,” Price said. “What drew me was the deeply humane quality of Tikkun.”