Local

Crime Bomb

Zelda Bronstein
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1

Editors note: This story was originally published May 31,  2001.


They found Virginia Lowery lying in the garage of her Excelsior home, an electrical cord around her throat, an ice pick jammed through her skull — in one ear and out the other. For the next 11 years San Francisco homicide detectives made no progress on the case. Promising leads turned into dead ends. Theories collapsed. The cops assigned to the case retired. It looked like Lowery’s 1987 slaying would never be solved.


Then in April 1998, by pure chance, police found Robert C. Nawi. Or rather, they found his fingertips.


When Nawi, a 57-year-old carpenter, got in a shouting match in a North Beach watering hole, he was picked up by the cops on misdemeanor charges and shuttled to county jail, where he was fingerprinted and booked. The computer spat out some interesting news: Nawi’s digits, according to the database, resembled a fingerprint found at the scene of Lowery’s slaying.


Soon thereafter, police evidence analyst Wendy Chong made a positive print match, and the new suspect found himself facing murder charges and life in a cage.


Nawi’s fate, to be decided at trial next year, rests largely on police readings of his fingerprints, as well as some DNA gathered by the coroner. Which raises some questions: How, exactly, did the cops and their computers analyze the evidence? Did they get it right? Is anybody checking their work?


 


Making a match between the distinguishing ridges and whorls, often microscopic, of two fresh fingerprints is a relatively simple task for a print expert. However, cases like Nawi’s aren’t so clear-cut: the print collected in Lowery’s garage is faint, smudged, and missing in patches.


Michael Burt, the resident forensicscience guru at the San Francisco Public Defender’s Office, shows me an 8-by-10-inch enlargement of the print discovered at the murder scene; it’s blurry, grainy, and only about 60 percent complete. To my layperson’s eye, it bears little resemblance to the clear, fresh mark left by Nawi at his booking. “The one print is so washed out you can’t see anything,” says Burt, who is representing Nawi. “This is not science at all; it’s subjective and shouldn’t be allowed.”


Burt, a 22-year veteran defense lawyer known around the Hall of Justice for his trademark cart full of documents, has plenty of cause to doubt the cops’ evidence. Despite what you may have seen on Law and Order, fingerprint examiners can — and often do — get it wrong. Last year 141 of America’s top forensic labs were tested to see if they could accurately match two fingerprints: 39 percent failed; 11 labs made false IDs. San Francisco analysts are rarely, if ever, graded for accuracy.


Jim Norris, head of the San Francisco Police Department’s forensics division, argues that new computer imaging tools are making it possible to match even sketchy, partial prints. “When somebody shows a print that was originally collected at the crime scene, and it looks very difficult to deal with, what they’re not looking at is the image that has been [digitally] enhanced,” Norris explains. “It’s a lot easier to deal with.” Norris admits that the department has seldom tested its print examiners for accuracy, but he says their work is constantly checked by superiors.


According to Burt, in this particular instance analysts didn’t turn to computers but simply enlarged the prints before making the call. The district attorney’s DNA evidence against Nawi is equally flawed, he says. When coroner Boyd Stephens autopsied the corpse, he — per routine — snipped the woman’s fingernails with a household nail clipper and stuck them in an envelope. Unrefrigerated, the clippings slowly rotted for more than a decade, until, in the wake of Nawi’s arrest, prosecutor John Farrell had them tested for DNA.


When the crime lab got the evidence, in 1998, DNA analyst Alan Keel scraped all 10 nails with a single cotton swab, combined the scrapings into one tiny pile, and dropped them into a genetic-typing device. According to standard forensic procedure, each nail should’ve been swabbed and tested separately.


Now, Burt contends, the sample has deteriorated because of a lack of refrigeration and has been contaminated with the DNA of more than one person. “[Keel] says there are three, possibly four different individuals underneath her fingernails,” the lawyer says. “He’s trying to grab my client out of that mixture. There’s no scientific way to do that.”


Norris disagrees: “There are ways to deal with [DNA] mixtures; it’s not a common problem luckily, but it’s something that comes up — for example, in rape cases where there are multiple assailants. There are ways to deal with it.”


I run down the scenario for Dr. Simon Ford, a Ph.D. biochemist and DNA expert who heads up San Francisco–based Lexigen Science and Law Consultants. “That’s not good,” Ford tells me. “You should deal with each hand separately, at least, and probably each nail separately. I don’t think combining all the nails together is a good idea.”


 


The dispassionate examination of crime scene evidence — narcotics, fingerprints, hair and fibers, genetic material, firearms, and everything else — is a cornerstone of the American justice system. The work, which can mean the difference between life and death for a suspect, is carried out by more than 500 labs nationwide, most of them run by law enforcement agencies.


In the public imagination — as shaped by endless cops-and-lawyers TV shows — forensic science is a perfectly impartial arbiter of justice. Eyewitnesses get confused. Police may be corrupt. Lawyers can corkscrew facts. Juries, not always composed of the brightest lights, can be swayed by mob dynamics. But science doesn’t lie. If the analyst says the bullet came from the suspect’s gun, then it must have.


It’s a comforting thought.


There’s just one problem: All forensic science is performed by humans, and all people make blunders. They mislabel samples. They use malfunctioning equipment. They inadvertently drop a flake of skin in a vial of blood, thus adding their own DNA to the sample.


Subjectivity, too, plays a starring role in forensic science, much of which depends on human-made comparisons. In one case heard last year by San Francisco Superior Court Judge Robert Dondero, two DNA experts couldn’t agree on the meaning of a genetic sample.


In addition to honest mistakes born of incompetence and overwork, there are continuously uncovered examples of fraud: the lab analyst, believing that the verdict justifies the means, willing to lie on the stand or fake test results. While the scientific question of DNA accuracy has been hashed out extensively in court rooms and the media, the issue of police crime lab accuracy has gone ignored, both by press and government regulators.


Each year California cops make 1.5 million arrests. Each of the state’s 19 local crime labs — run by sheriffs, prosecutors, and cops — performs thousands of analyses annually. Each of those tests, if faulty, could put an innocent person behind bars, or set a guilty soul free.


And in the wild world of forensics there are precious few safeguards against human bias and error: Crime labs are almost entirely unregulated. There are virtually no federal laws governing their operation; no law that says, “Bullet comparisons must be done using the best, most accurate techniques”; no law that says, “DNA examiners must meet these basic educational criteria”; no requirement that crime labs be audited and inspected. In California only DUI-<\h>testing procedures are regulated by state law.


“There’s more regulation in whether some clinical lab can give a test for strep throat than there is on whether you can use a test to put somebody in the gas chamber,” public defender Burt says. “That to me seems backwards. The stakes are the highest in the criminal justice system. These people are deciding who lives or dies.”


The ramifications spread beyond individual cases. While billions of dollars have been poured into police departments and prisons over the past two decades, pols and badge wearers have shown little interest in adequately funding or regulating crime labs. California’s facilities need hundreds of millions of dollars in repairs and equipment upgrades. The idea of public oversight is off the radar entirely.


The nonprofit American Society of Crime Laboratory Directors (ASCLD) is the closest thing forensics has to a regulatory agency. Created in the early 1970s to “improve the quality of laboratory services provided to the criminal justice system,” the group runs a voluntary accreditation program for forensic facilities. To get the society’s stamp of approval, a facility must pass a 149-point inspection. (Sample question: “Are the procedures used generally accepted in the field or supported by data gathered in a scientific manner?”) To maintain the certification, a lab must be tested annually and be reinspected every five years.


Of the approximately 500 labs in the United States, a mere 187 are accredited by the ASCLD. Only 11 of California’s 19 local crime labs have the group’s seal of approval. The San Francisco police facility isn’t one of them. Neither is the Contra Costa sheriff’s lab. Nor the San Mateo sheriff’s forensic unit.


 


“Got dope?” asks the white-coated woman who opens the locked door to the SFPD crime lab. She’s expecting cops bearing drug-filled baggies, to be weighed and tested and filed away until the courtroom beckons. Crime lab chief Martha “Marty” Blake steps out of her windowless office to greet me.


A few months back, Blake and her 18-person team traded overstuffed quarters in the city’s central cop shop at Eighth Street and Bryant for expansive new $1.5 million digs out in the asphalt wastes of the Hunters Point shipyard. “I’m getting ready to apply for accreditation, hopefully by next spring,” she says, pointing to a file cabinet emblazoned with the ASCLD seal. “We couldn’t get accredited in that facility when we were downtown at the Hall of Justice. It was too cramped. There was no way we could guarantee there would never be any chance for any contamination of the evidence when we had four people crammed into a little room trying to look at clothing, for example.”


Blake’s operation has taken its lumps over the years. In 1994 analyst Allison Lancaster was canned after she was videotaped faking drug tests. Last year Superior Court Judge Dondero slammed the lab’s lead DNA expert for “engaging in shortcuts,” “performing missteps,” and harboring a questionable “degree of bias” against defendants. Defense lawyers like Burt continue to hammer the lab for its lack of credentials.


With her eyeglasses and graying hair Blake looks more like a schoolteacher than a cop. She pulls a xeroxed sheet of paper out of a drawer and eagerly places it in front of me. “We just switched to a new case review process. This is the sort of thing we have to implement for accreditation. Every case we produce has to go through a review by a supervisor,” she explains. “This wasn’t happening before; a review happened before, but you’d just glance over [the work] and say, ‘Hmm, looks good to me,’ and initial it. It was sort of lightweight.” Bolstered by an increased budget and a growing staff, the lab’s procedures are improving across the board, according to Blake.


Why should forensic labs, which can land someone on death row, go without government oversight? “I’d like to think we can do this ourselves,” Blake replies, noting that the state’s management of the DUI testing program has been less than stellar. “I’m a little nervous about other agencies getting involved in regulation,” she says, because they don’t “really know the science.”


Nationally, the accountability vacuum is producing a steady stream of scandals, raising unsettling questions about the way we administer justice in this locked-down nation. A small sampling:
• Let’s start with the trial of the century, wherein O.J.’s defense team put the forensic bunglings of the Los Angeles Police Department on display for “unacceptable sloppiness,” pointing out a dozen major instances of possible evidence contamination. After losing the Simpson trial, the lab promptly began a thorough overhaul.
• In 1993 the West Virginia Supreme Court found a police blood expert guilty of fabricating or misrepresenting evidence in a staggering 134 cases. The man, one Fred Zain — employed by the state cops during the 1980s — was put on trial for perjury, while the state freed several unjustly imprisoned death row inmates and paid out millions to people who had been wrongfully convicted. Bexar County, Texas, where Zain worked in the early ’90s, also prosecuted him for perjury.
• A few years later, in 1997, the reputation of the Federal Bureau of Investigation crime lab — at the time widely regarded as the pinnacle of forensic science — was shredded by the allegations of a whistle-blowing scientist. The bureau’s lab practiced shoddy science and regularly presented inaccurate, pro-prosecution testimony, charged Dr. Frederic Whitehurst, one of the agency’s top explosives experts. The FBI denied the allegations and tried to discredit Whitehurst, but a scathing 517-page report by the Justice Department’s inspector general corroborated many of the scientist’s major claims and recommended disciplinary action against five agents.


• An April 1997 front-page story in the Wall Street Journal brought more unflattering publicity to the FBI lab, scrutinizing the track record of agent Michael Malone, a hair and fiber analyst. The paper quoted three well-known forensic scientists who challenged Malone’s analyses (one labeled him a “fraud”), illustrated numerous cases where the agent seemed to be fudging the evidence — and noted that courts were busy overturning convictions obtained with his testimony. “The guy’s a total liar,” one defense lawyer told the Wall Street Journal.
• In 1998 San Diego jurors convicted a top county police DNA expert of embezzling $8,100 in cash seized as evidence in murder cases. That same year the San Diego Police Department embarked on a 10-month internal investigation into charges of sloppy work and missing evidence at its crime lab, and it admitted that it had lost crucial evidence in an unsolved homicide case.
• Last year a crime lab chemist in Prince George’s County, Md., claimed that the police department was using improperly calibrated drug analysis equipment. Defense lawyers promptly challenged some 100 pending drug cases.



California is one of the few states that has actually scoped the inner workings of its local crime labs. The results of that onetime review, performed in 1998 by the state auditor’s office, are disturbing. Quality control was lacking at most of the facilities. Many of the labs were using “outdated and improperly working equipment.” As in San Francisco, many didn’t make their scientists undergo regular proficiency testing.


Without quality assurance measures — minimal at 13 of the 19 labs — the potential for error shoots through the roof. California auditor Elaine Howel says the study raised serious questions. “There are several issues,” she says. “Is the evidence being handled appropriately so there’s no potential for contamination?” Labs, according to Howel, should “make sure they are consistently applying the methodology so one forensic examiner isn’t using one technique and someone is using a different technique to conduct the same type of testing. That ties back to the credibility of the results.”


Ten of the outfits were relying on “outmoded” technology that needed replacement. At the Huntington Beach Police Department lab, staffers worked up a Rube Goldberg–<\d>esque scheme to revive a broken arson analysis gadget. Sort of. “Because the laboratory does not have the funds to replace this equipment, staff found a creative way to cool the [machine] using hoses rigged to a faucet,” auditors found. But, they noted, “this method could negatively affect the analysis of the evidence processed by this instrument.”


Then there was the question of whether the analysts themselves were up to par. “We think forensic examiners need to be tested every year to make sure they’re maintaining competence in their ability to perform the forensic examinations they’re doing,” Howel tells me. Eight of the labs had no proficiency testing for their staffers.


“It helped us put our operation in perspective to the rest of the state,” says S.F. lab chief Blake, who thinks the audit was fair. “We did look like we were swamped. It helped us get our additional staff.”


Whitehurst, the former top explosives expert at the FBI, doesn’t like the term ‘whistle-blower.’ “We’re simply scientists, and we disagree with the type of science that’s being practiced — because it’s not science,” he told me. “Our forensic labs are dictating truth; they’re not discovering it.” Whitehurst says he constantly hears from irate crime lab scientists claiming their operations are riddled with improprieties.


The Ph.D. chemist spent eight years at the bureau combing the rubble of bomb blasts for clues. And complaining. During his tenure with the bureau, he made 237 written complaints concerning what he saw as a pattern of bunk science and bogus testimony on the part of his colleagues. The charges spurred an 18-month probe by the Justice Department, the phone-book-size results of which were made public in 1997, undoubtedly marking one of the FBI’s worst public embarrassments.


The special-inspection team, an international panel of renowned forensic scientists, had few kind words for the lab, finding “significant instances of testimonial errors, substandard analytical work, and deficient practices” in numerous investigations, including the Unabomber, Oklahoma City, and World Trade Center bombings. Among the skeletons in the bureau’s closet: “scientifically flawed reports”; examiners devoid of the “requisite scientific qualifications”; and five agents who couldn’t be trusted.


Whitehurst’s experiences have led him to believe that crime labs should be overseen by federal or state authorities, rather than by ASCLD and its voluntary certification program. “It’s a foregone conclusion; there’s no question in my mind in five years forensic labs will be regulated, and they will be audited,” said Whitehurst, who now lives in Bethel, N.C., and acts as an expert witness in criminal trials. “There’s too much discovery happening.”


Lab directors argue that their work is constantly reviewed by the courts — juries don’t have to believe a forensic expert; judges can overturn verdicts based on forensic evidence — making their profession among the most scrutinized.
Whitehurst disagrees, saying juries, defense lawyers, and judges are often baffled by the science presented to them. “Listen to this phrase: pyrolisis-gas chromatography/mass spectrometry,” he says. “Do you know what that is? Let’s try this one: fourier transform infrared spectrometry. I’ve got a doctorate in chemistry and a jurisdoctorate also. What I’m saying to you are completely foreign concepts. When I try to explain how a ultraviolet spectraphatometer works, or how a micro spectraphatometer works, just saying the words begins the glass-over of the eyes.”


The Alameda County Sheriff’s crime lab is housed in a two-story building in the foothills just off 150th Avenue in San Leandro. On the second floor, in a series of linoleum-tiled rooms connected by a cluttered hallway, the lab’s technicians scope the physical remnants of crime, putting bullets beneath microscopes, lifting latent fingerprints from knife handles, culling DNA strands from splattered blood.


Each year the operation, which analyzes evidence for most of the county’s police forces, handles some 200 “major” investigations, most of them murders and rapes. But drug cases (1,800 to 2,000) and DUIs (more than 4,700) make up the bulk of the work. There are only eight lab technicians to handle the massive load.


“Every analytical report has to be right on the mark,” said lab director Tony Sprague, who has worked at the facility for 30 years. “We have a huge responsibility to make sure all the results are accurate.”


Sprague guides me through the building, showing me a single lead particle, as magnified 10,000 times by a monstrous, $270,000 scanning electron microscope. Next door a white-<\h>coated technician sits glued to a conventional microscope, studying a handgun cartridge. Across the hall are the analysts’ personal workstations: on one of the wide-topped tables sit the innards of an auto; on another lie sheets of paper covered with boot prints.


Sprague is an amiable gearhead and explains in detail how each of the machines works. The gas chromatograph/mass spectrometer, an ovenlike slab of a machine, can detect the presence of gasoline or kerosene in air samples collected at the scene of a suspected arson fire. Another device uses infrared light to determine the chemical composition of a given substance — a bag of white powder for instance.


The lab’s ASCLD accreditation in June 1999 was a huge undertaking, according to Sprague. “It took us about two years [to get certified],” he says. “It was costly from the standpoint that you have to take dedicated staff time away from analytical work to get the paperwork done for the accreditation process. In our case we really didn’t change our ways of doing forensic science to meet accreditation standards. There was really no issue about doing things differently — the thing we had to do, we had to document all the policies, the procedures, all of our quality assurance records had to be brought up to a little bit higher level.”


Voluntary reviews by the nonprofit ASCLD are enough regulation for Sprague, who views government oversight as a losing proposition. “Some mandated federal program? I don’t know that that’s really the answer,” he says. “That would involve a huge bureaucracy. It would be a very difficult situation.”


Ralph Keaton, executive director of ASCLD’s accrediting board, agrees. “I think crime laboratories should have some kind of program to review the quality of the work being produced by the laboratory — and that’s the reason we came into existence,” he tells me via telephone from the organization’s headquarters in Garner, N.C. “It’s my opinion that no one can evaluate the type of work being done better than the actual practitioners of that discipline. Just like the oversight of the medical profession is best done by the doctors themselves.”


Speaking to me in his office library, Sprague tells me he is proud of the work his team does, proud to be acknowledged by his peers. But he admits to a certain frustration, saying that his lab is seriously short-staffed: “We’re about one-third the strength we should be at for what we’re doing.”

Crime Bomb

Zelda Bronstein
-
0

Editors note: This story was originally published in 2001.


 


They found Virginia Lowery lying in the garage of her Excelsior home, an electrical cord around her throat, an ice pick jammed through her skull — in one ear and out the other. For the next 11 years San Francisco homicide detectives made no progress on the case. Promising leads turned into dead ends. Theories collapsed. The cops assigned to the case retired. It looked like Lowery’s 1987 slaying would never be solved.
Then in April 1998, by pure chance, police found Robert C. Nawi. Or rather, they found his fingertips.
When Nawi, a 57-year-old carpenter, got in a shouting match in a North Beach watering hole, he was picked up by the cops on misdemeanor charges and shuttled to county jail, where he was fingerprinted and booked. The computer spat out some interesting news: Nawi’s digits, according to the database, resembled a fingerprint found at the scene of Lowery’s slaying.
Soon thereafter, police evidence analyst Wendy Chong made a positive print match, and the new suspect found himself facing murder charges and life in a cage.
Nawi’s fate, to be decided at trial next year, rests largely on police readings of his fingerprints, as well as some DNA gathered by the coroner. Which raises some questions: How, exactly, did the cops and their computers analyze the evidence? Did they get it right? Is anybody checking their work?


Making a match between the distinguishing ridges and whorls, often microscopic, of two fresh fingerprints is a relatively simple task for a print expert. However, cases like Nawi’s aren’t so clear-cut: the print collected in Lowery’s garage is faint, smudged, and missing in patches.
Michael Burt, the resident forensic-<\h>science guru at the San Francisco Public Defender’s Office, shows me an 8-by-10-inch enlargement of the print discovered at the murder scene; it’s blurry, grainy, and only about 60 percent complete. To my layperson’s eye, it bears little resemblance to the clear, fresh mark left by Nawi at his booking. “The one print is so washed out you can’t see anything,” says Burt, who is representing Nawi. “This is not science at all; it’s subjective and shouldn’t be allowed.”
Burt, a 22-year veteran defense lawyer known around the Hall of Justice for his trademark cart full of documents, has plenty of cause to doubt the cops’ evidence. Despite what you may have seen on Law and Order, fingerprint examiners can — and often do — get it wrong. Last year 141 of America’s top forensic labs were tested to see if they could accurately match two fingerprints: 39 percent failed; 11 labs made false IDs. San Francisco analysts are rarely, if ever, graded for accuracy.
Jim Norris, head of the San Francisco Police Department’s forensics division, argues that new computer imaging tools are making it possible to match even sketchy, partial prints. “When somebody shows a print that was originally collected at the crime scene, and it looks very difficult to deal with, what they’re not looking at is the image that has been [digitally] enhanced,” Norris explains. “It’s a lot easier to deal with.” Norris admits that the department has seldom tested its print examiners for accuracy, but he says their work is constantly checked by superiors.
According to Burt, in this particular instance analysts didn’t turn to computers but simply enlarged the prints before making the call. The district attorney’s DNA evidence against Nawi is equally flawed, he says. When coroner Boyd Stephens autopsied the corpse, he — per routine — snipped the woman’s fingernails with a household nail clipper and stuck them in an envelope. Unrefrigerated, the clippings slowly rotted for more than a decade, until, in the wake of Nawi’s arrest, prosecutor John Farrell had them tested for DNA.
When the crime lab got the evidence, in 1998, DNA analyst Alan Keel scraped all 10 nails with a single cotton swab, combined the scrapings into one tiny pile, and dropped them into a genetic-<\h>typing device. According to standard forensic procedure, each nail should’ve been swabbed and tested separately.
Now, Burt contends, the sample has deteriorated because of a lack of refrigeration and has been contaminated with the DNA of more than one person. “[Keel] says there are three, possibly four different individuals underneath her fingernails,” the lawyer says. “He’s trying to grab my client out of that mixture. There’s no scientific way to do that.”
Norris disagrees: “There are ways to deal with [DNA] mixtures; it’s not a common problem luckily, but it’s something that comes up — for example, in rape cases where there are multiple assailants. There are ways to deal with it.”
I run down the scenario for Dr. Simon Ford, a Ph.D. biochemist and DNA expert who heads up San Francisco–<\d>based Lexigen Science and Law Consultants. “That’s not good,” Ford tells me. “You should deal with each hand separately, at least, and probably each nail separately. I don’t think combining all the nails together is a good idea.”
Blinding them with science
The dispassionate examination of crime scene evidence — narcotics, fingerprints, hair and fibers, genetic material, firearms, and everything else — is a cornerstone of the American justice system. The work, which can mean the difference between life and death for a suspect, is carried out by more than 500 labs nationwide, most of them run by law enforcement agencies.
In the public imagination — as shaped by endless cops-and-<\h>lawyers TV shows — forensic science is a perfectly impartial arbiter of justice. Eyewitnesses get confused. Police may be corrupt. Lawyers can corkscrew facts. Juries, not always composed of the brightest lights, can be swayed by mob dynamics. But science doesn’t lie. If the analyst says the bullet came from the suspect’s gun, then it must have.
It’s a comforting thought.
There’s just one problem: All forensic science is performed by humans, and all people make blunders. They mislabel samples. They use malfunctioning equipment. They inadvertently drop a flake of skin in a vial of blood, thus adding their own DNA to the sample.
Subjectivity, too, plays a starring role in forensic science, much of which depends on human-<\h>made comparisons. In one case heard last year by San Francisco Superior Court Judge Robert Dondero, two DNA experts couldn’t agree on the meaning of a genetic sample.
In addition to honest mistakes born of incompetence and overwork, there are continuously uncovered examples of fraud: the lab analyst, believing that the verdict justifies the means, willing to lie on the stand or fake test results.
While the scientific question of DNA accuracy has been hashed out extensively in court rooms and the media, the issue of police crime lab accuracy has gone ignored, both by press and government regulators.
Each year California cops make 1.5 million arrests. Each of the state’s 19 local crime labs — run by sheriffs, prosecutors, and cops — performs thousands of analyses annually. Each of those tests, if faulty, could put an innocent person behind bars, or set a guilty soul free.
And in the wild world of forensics there are precious few safeguards against human bias and error: Crime labs are almost entirely unregulated. There are virtually no federal laws governing their operation; no law that says, “Bullet comparisons must be done using the best, most accurate techniques”; no law that says, “DNA examiners must meet these basic educational criteria”; no requirement that crime labs be audited and inspected. In California only DUI-<\h>testing procedures are regulated by state law.
“There’s more regulation in whether some clinical lab can give a test for strep throat than there is on whether you can use a test to put somebody in the gas chamber,” public defender Burt says. “That to me seems backwards. The stakes are the highest in the criminal justice system. These people are deciding who lives or dies.”
The ramifications spread beyond individual cases. While billions of dollars have been poured into police departments and prisons over the past two decades, pols and badge wearers have shown little interest in adequately funding or regulating crime labs. California’s facilities need hundreds of millions of dollars in repairs and equipment upgrades. The idea of public oversight is off the radar entirely.
The nonprofit American Society of Crime Laboratory Directors (ASCLD) is the closest thing forensics has to a regulatory agency. Created in the early 1970s to “improve the quality of laboratory services provided to the criminal justice system,” the group runs a voluntary accreditation program for forensic facilities. To get the society’s stamp of approval, a facility must pass a 149-point inspection. (Sample question: “Are the procedures used generally accepted in the field or supported by data gathered in a scientific manner?”) To maintain the certification, a lab must be tested annually and be reinspected every five years.
Of the approximately 500 labs in the United States, a mere 187 are accredited by the ASCLD. Only 11 of California’s 19 local crime labs have the group’s seal of approval. The San Francisco police facility isn’t one of them. Neither is the Contra Costa sheriff’s lab. Nor the San Mateo sheriff’s forensic unit.
Renewing the review process
“Got dope?” asks the white-<\h>coated woman who opens the locked door to the SFPD crime lab. She’s expecting cops bearing drug-filled baggies, to be weighed and tested and filed away until the courtroom beckons. Crime lab chief Martha “Marty” Blake steps out of her windowless office to greet me.
A few months back, Blake and her 18-person team traded overstuffed quarters in the city’s central cop shop at Eighth Street and Bryant for expansive new $1.5 million digs out in the asphalt wastes of the Hunters Point shipyard. “I’m getting ready to apply for accreditation, hopefully by next spring,” she says, pointing to a file cabinet emblazoned with the ASCLD seal. “We couldn’t get accredited in that facility when we were downtown at the Hall of Justice. It was too cramped. There was no way we could guarantee there would never be any chance for any contamination of the evidence when we had four people crammed into a little room trying to look at clothing, for example.”
Blake’s operation has taken its lumps over the years. In 1994 analyst Allison Lancaster was canned after she was videotaped faking drug tests. Last year Superior Court Judge Dondero slammed the lab’s lead DNA expert for “engaging in shortcuts,” “performing missteps,” and harboring a questionable “degree of bias” against defendants. Defense lawyers like Burt continue to hammer the lab for its lack of credentials.
With her eyeglasses and graying hair Blake looks more like a schoolteacher than a cop. She pulls a xeroxed sheet of paper out of a drawer and eagerly places it in front of me. “We just switched to a new case review process. This is the sort of thing we have to implement for accreditation. Every case we produce has to go through a review by a supervisor,” she explains. “This wasn’t happening before; a review happened before, but you’d just glance over [the work] and say, ‘Hmm, looks good to me,’ and initial it. It was sort of lightweight.” Bolstered by an increased budget and a growing staff, the lab’s procedures are improving across the board, according to Blake.
Why should forensic labs, which can land someone on death row, go without government oversight? “I’d like to think we can do this ourselves,” Blake replies, noting that the state’s management of the DUI testing program has been less than stellar. “I’m a little nervous about other agencies getting involved in regulation,” she says, because they don’t “really know the science.”
Beyond O.J.
Nationally, the accountability vacuum is producing a steady stream of scandals, raising unsettling questions about the way we administer justice in this locked-down nation. A small sampling:
• Let’s start with the trial of the century, wherein O.J.’s defense team put the forensic bunglings of the Los Angeles Police Department on display for “unacceptable sloppiness,” pointing out a dozen major instances of possible evidence contamination. After losing the Simpson trial, the lab promptly began a thorough overhaul.
• In 1993 the West Virginia Supreme Court found a police blood expert guilty of fabricating or misrepresenting evidence in a staggering 134 cases. The man, one Fred Zain — employed by the state cops during the 1980s — was put on trial for perjury, while the state freed several unjustly imprisoned death row inmates and paid out millions to people who had been wrongfully convicted. Bexar County, Texas, where Zain worked in the early ’90s, also prosecuted him for perjury.
• A few years later, in 1997, the reputation of the Federal Bureau of Investigation crime lab — at the time widely regarded as the pinnacle of forensic science — was shredded by the allegations of a whistle-<\h>blowing scientist. The bureau’s lab practiced shoddy science and regularly presented inaccurate, pro-<\h>prosecution testimony, charged Dr. Frederic Whitehurst, one of the agency’s top explosives experts. The FBI denied the allegations and tried to discredit Whitehurst, but a scathing 517-page report by the Justice Department’s inspector general corroborated many of the scientist’s major claims and recommended disciplinary action against five agents.
• An April 1997 front-page story in the Wall Street Journal brought more unflattering publicity to the FBI lab, scrutinizing the track record of agent Michael Malone, a hair and fiber analyst. The paper quoted three well-known forensic scientists who challenged Malone’s analyses (one labeled him a “fraud”), illustrated numerous cases where the agent seemed to be fudging the evidence — and noted that courts were busy overturning convictions obtained with his testimony. “The guy’s a total liar,” one defense lawyer told the Wall Street Journal.
• In 1998 San Diego jurors convicted a top county police DNA expert of embezzling $8,100 in cash seized as evidence in murder cases. That same year the San Diego Police Department embarked on a 10-month internal investigation into charges of sloppy work and missing evidence at its crime lab, and it admitted that it had lost crucial evidence in an unsolved homicide case.
• Last year a crime lab chemist in Prince George’s County, Md., claimed that the police department was using improperly calibrated drug analysis equipment. Defense lawyers promptly challenged some 100 pending drug cases.
Under the microscope
California is one of the few states that has actually scoped the inner workings of its local crime labs. The results of that onetime review, performed in 1998 by the state auditor’s office, are disturbing. Quality control was lacking at most of the facilities. Many of the labs were using “outdated and improperly working equipment.” As in San Francisco, many didn’t make their scientists undergo regular proficiency testing.
Without quality assurance measures — minimal at 13 of the 19 labs — the potential for error shoots through the roof. California auditor Elaine Howel says the study raised serious questions. “There are several issues,” she says. “Is the evidence being handled appropriately so there’s no potential for contamination?” Labs, according to Howel, should “make sure they are consistently applying the methodology so one forensic examiner isn’t using one technique and someone is using a different technique to conduct the same type of testing. That ties back to the credibility of the results.”
Ten of the outfits were relying on “outmoded” technology that needed replacement. At the Huntington Beach Police Department lab, staffers worked up a Rube Goldberg–<\d>esque scheme to revive a broken arson analysis gadget. Sort of. “Because the laboratory does not have the funds to replace this equipment, staff found a creative way to cool the [machine] using hoses rigged to a faucet,” auditors found. But, they noted, “this method could negatively affect the analysis of the evidence processed by this instrument.”
Then there was the question of whether the analysts themselves were up to par. “We think forensic examiners need to be tested every year to make sure they’re maintaining competence in their ability to perform the forensic examinations they’re doing,” Howel tells me. Eight of the labs had no proficiency testing for their staffers.
“It helped us put our operation in perspective to the rest of the state,” says S.F. lab chief Blake, who thinks the audit was fair. “We did look like we were swamped. It helped us get our additional staff.”
Busting the FBI
Whitehurst, the former top explosives expert at the FBI, doesn’t like the term ‘whistle-blower.’ “We’re simply scientists, and we disagree with the type of science that’s being practiced — because it’s not science,” he told me. “Our forensic labs are dictating truth; they’re not discovering it.” Whitehurst says he constantly hears from irate crime lab scientists claiming their operations are riddled with improprieties.
The Ph.D. chemist spent eight years at the bureau combing the rubble of bomb blasts for clues. And complaining. During his tenure with the bureau, he made 237 written complaints concerning what he saw as a pattern of bunk science and bogus testimony on the part of his colleagues. The charges spurred an 18-month probe by the Justice Department, the phone-book-<\h>size results of which were made public in 1997, undoubtedly marking one of the FBI’s worst public embarrassments.
The special-inspection team, an international panel of renowned forensic scientists, had few kind words for the lab, finding “significant instances of testimonial errors, substandard analytical work, and deficient practices” in numerous investigations, including the Unabomber, Oklahoma City, and World Trade Center bombings. Among the skeletons in the bureau’s closet: “scientifically flawed reports”; examiners devoid of the “requisite scientific qualifications”; and five agents who couldn’t be trusted.
Whitehurst’s experiences have led him to believe that crime labs should be overseen by federal or state authorities, rather than by ASCLD and its voluntary certification program. “It’s a foregone conclusion; there’s no question in my mind in five years forensic labs will be regulated, and they will be audited,” said Whitehurst, who now lives in Bethel, N.C., and acts as an expert witness in criminal trials. “There’s too much discovery happening.”
Lab directors argue that their work is constantly reviewed by the courts — juries don’t have to believe a forensic expert; judges can overturn verdicts based on forensic evidence — making their profession among the most scrutinized.
Whitehurst disagrees, saying juries, defense lawyers, and judges are often baffled by the science presented to them. “Listen to this phrase: pyrolisis-gas chromatography/mass spectrometry,” he says. “Do you know what that is? Let’s try this one: fourier transform infrared spectrometry. I’ve got a doctorate in chemistry and a jurisdoctorate also. What I’m saying to you are completely foreign concepts. When I try to explain how a ultraviolet spectraphatometer works, or how a micro spectraphatometer works, just saying the words begins the glass-over of the eyes.”
Understaffed in Alameda
The Alameda County Sheriff’s crime lab is housed in a two-<\h>story building in the foothills just off 150th Avenue in San Leandro. On the second floor, in a series of linoleum-<\h>tiled rooms connected by a cluttered hallway, the lab’s technicians scope the physical remnants of crime, putting bullets beneath microscopes, lifting latent fingerprints from knife handles, culling DNA strands from splattered blood.
Each year the operation, which analyzes evidence for most of the county’s police forces, handles some 200 “major” investigations, most of them murders and rapes. But drug cases (1,800 to 2,000) and DUIs (more than 4,700) make up the bulk of the work. There are only eight lab technicians to handle the massive load.
“Every analytical report has to be right on the mark,” said lab director Tony Sprague, who has worked at the facility for 30 years. “We have a huge responsibility to make sure all the results are accurate.”
Sprague guides me through the building, showing me a single lead particle, as magnified 10,000 times by a monstrous, $270,000 scanning electron microscope. Next door a white-<\h>coated technician sits glued to a conventional microscope, studying a handgun cartridge. Across the hall are the analysts’ personal workstations: on one of the wide-<\h>topped tables sit the innards of an auto; on another lie sheets of paper covered with boot prints.
Sprague is an amiable gearhead and explains in detail how each of the machines works. The gas chromatograph/mass spectrometer, an ovenlike slab of a machine, can detect the presence of gasoline or kerosene in air samples collected at the scene of a suspected arson fire. Another device uses infrared light to determine the chemical composition of a given substance — a bag of white powder for instance.
The lab’s ASCLD accreditation in June 1999 was a huge undertaking, according to Sprague. “It took us about two years [to get certified],” he says. “It was costly from the standpoint that you have to take dedicated staff time away from analytical work to get the paperwork done for the accreditation process. In our case we really didn’t change our ways of doing forensic science to meet accreditation standards. There was really no issue about doing things differently — the thing we had to do, we had to document all the policies, the procedures, all of our quality assurance records had to be brought up to a little bit higher level.”
Voluntary reviews by the nonprofit ASCLD are enough regulation for Sprague, who views government oversight as a losing proposition. “Some mandated federal program? I don’t know that that’s really the answer,” he says. “That would involve a huge bureaucracy. It would be a very difficult situation.”
Ralph Keaton, executive director of ASCLD’s accrediting board, agrees. “I think crime laboratories should have some kind of program to review the quality of the work being produced by the laboratory — and that’s the reason we came into existence,” he tells me via telephone from the organization’s headquarters in Garner, N.C. “It’s my opinion that no one can evaluate the type of work being done better than the actual practitioners of that discipline. Just like the oversight of the medical profession is best done by the doctors themselves.”
Speaking to me in his office library, Sprague tells me he is proud of the work his team does, proud to be acknowledged by his peers. But he admits to a certain frustration, saying that his lab is seriously short-staffed: “We’re about one-third the strength we should be at for what we’re doing.”<\!s>v

Rep Clock

David Talbot
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Schedules are for Wed/21–Tues/27 except where noted. Director and year are given when available. Double features are marked with a •. All times are p.m. unless otherwise specified.

ARTISTS’ TELEVISION ACCESS 992 Valencia, SF; www.atasite.org. $6-8. Crime Wave (Paisz, 1986), Fri, 8. Films by Kerry Laitala with music by Eats Tapes, Sat, 8:30.

CAFÉ OF THE DEAD 3208 Grand, Oakl; (510) 931-7945. Free. "Independent Filmmakers Screening Nite," Wed, 6:30.

CASTRO 429 Castro, SF; (415) 621-6120, www.castrotheatre.com. $7.50-10. The Lady from Shanghai (Welles, 1948), Wed, 7:30. Presented by Turner Classic Movies with Peter Bogdanovich and Jan Wahl introducing the film; sign up for free tickets at www.tcm.com/roadtohollywood. San Francisco International Film Festival, Thurs. See film listings. "Kubrick:" •Full Metal Jacket (1987), Fri, 7, and The Shining (1980), Fri, 9:15; •A Clockwork Orange (1971), Sat, 2:15, 8:30, and Barry Lyndon (1975), Sat, 5; •Spartacus (1960), Sun, 1:15, 7, and Paths of Glory (1957), Sun, 5:10; •The Killing (1956), Tues, 1:30, 5:10, 8:55, and Dr. Strangelove (1964), Tues, 3:15, 7.

CHRISTOPHER B. SMITH RAFAEL FILM CENTER 1118 Fourth St, San Rafael; (415) 454-1222, www.cafilm.org. $6.50-10. Exit Through the Gift Shop (Banksy, 2010), call for dates and times. The Girl With the Dragon Tattoo (Oplev, 2009), call for dates and times. The Greatest (Feste, 2009), call for dates and times. Vincere (Bellocchio, 2009), call for dates and times. May I Be Frank, Thurs, 6:30. Benefit for Beyond Hunger; tickets are $20-40. "Red Riding Trilogy:" Red Riding 1974 (Jarrold, 2009), Fri and Tues, 6:30; Sat, 2; Red Riding 1980 (Marsh, 2009), Sat and April 28, 6:30; Sun, 2; Red Riding 1983 (Tucker, 2009), Sun-Mon and April 29, 6:30.

FOUR STAR 2200 Clement, SF; www.lntsf.com. $7-9. Sleeping and Waking, Fri-Tues, check website for times.

HUMANIST HALL 390 27th St, Oakl; www.humanisthall.org. $5. A Sea Change (Ettinger, 2009), Wed, 7:30.

JACK LONDON SQUARE PAVILION THEATER 98 Broadway, Oakl; www.oakuff.org. Free. "Oakland Underground Film Festival: Leading Local Talent:" Everyday Black Man (Madden, 2009), Fri, 7:30; A Life Taken (Banville, 2009) with "A Day Late in Oakland" (Stauffer, 2008), Fri, 9:30.

MECHANICS’ INSTITUTE 57 Post, SF; (415) 393-0100, rsvp@milibrary.org. $10. "CinemaLit Film Series: Day and Noir:" Side Street (Mann, 1950), Fri, 6.

MUSEUM OF THE AFRICAN DIASPORA 685 Mission, SF; (415) 358-7200, www.moadsf.org. $5-10. Sabar: Life is a Dance (Nwoffiah, 2009), Fri, 5 and 7:30; Sat, 4 and 7.

PACIFIC FILM ARCHIVE 2575 Bancroft, Berk; (510) 642-5249, www.bampfa.berkeley.edu. $5.50-9.50. "Film 50: The History of Cinema:" The Beaches of Agnès (Varda, 2009), Wed, 3. "Dotted Lines: Women Filmmakers Connect the Past and the Present:" DDR/DDR (Siegel, 2008), Wed, 7:30. San Francisco International Film Festival, April 23-May 6. See film listings.

PIEDMONT 4186 Piedmont, Oakl; (510) 464-5980. $5-8. "Cult Classics Attack 5:" Coffy (Hill, 1973), Fri-Sat, midnight.

RED VIC 1727 Haight, SF; (415) 668-3994. $6-10. "Invisible Children Film Festival," films about Uganda, Wed, 7. "Celestial Navigations: The Short Films of Al Jarnow," Thurs, 7:15, 9:30. Labyrinth (Henson, 1986), Fri-Sun, 7:15, 9:25 (also Sat-Sun, 2, 4:15). Youth in Revolt (Arteta, 2009), Mon-Tues, 7:15, 9:15.

ROXIE 3117 and 3125 16th St, SF; (415) 863-1087, www.roxie.com. $5-9.75. Breath Made Visible (Gerber, 2009), Wed-Thurs, 8:30. It Came from Kuchar (Kroot, 2009), Wed-Thurs, 7, 9. The Most Dangerous Man in America: Daniel Ellsberg and the Pentagon Papers (Ehrlich and Goldsmith, 2009), Wed-Thurs, 6:30. Call for Fri-Tues shows and times.

SAN FRANCISCO PUBLIC LIBRARY Koret Auditorium, 100 Larkin, SF; www.sfpl.org. Free. "Canines on Camera:" Year of the Dog (White, 2007), Thurs, noon.

STONESTOWN TWIN 501 Buckingham, SF; (415) 221-8182. $7.50-10.25. The Harimaya Bridge (Woolfolk, 2009), April 23-29, call for times.

VIZ CINEMA New People, 1746 Post, SF; www.newpeopleworld.com/films. $8-10. Gravity’s Clowns (Mori, 2009), Wed-Thurs, call for times.

YERBA BUENA CENTER FOR THE ARTS 701 Mission, SF; (415) 978-2787, www.ybca.org. $6-8. "The Word and the Image: Films by Marguerite Duras:" Nathalie Granger (1972), Thurs, 7:30. "Renée Green: Endless Dreams and Time-Based Streams:" The Last Angel of History (Akomfrah), Sat, 2.

Stage listings

David Talbot
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Stage listings are compiled by Guardian staff. Performance times may change; call venues to confirm. Reviewers are Robert Avila, Rita Felciano, and Nicole Gluckstern. Submit items for the listings at listings@sfbg.com.

THEATER

OPENING

Peter Pan Threesixty Theater, Ferry Park (on Embarcadero across from the Ferry Bldg); www.peterpantheshow.com. $30-125. Previews Tues/27 and April 29, 7pm; April 30-May 1, 7:30pm (also May 1, 2pm); April 28 and May 5, 2pm; May 2, 1 and 5pm. Opens May 8, 7:30pm. Runs Tues and Thurs, 7pm; Fri-Sat, 7:30pm (also Sat, 2pm); Wed, 2pm; Sun, 1 and 5pm. Through August 29. JM Barrie’s tale is performed in a specially-built 360-degree CGI theater.

Tartuffe Studio 205 at Off-Market Theater, 965 Mission; 377-5882, http://generationtheatre.com. $20-25. Opens Fri/23, 8pm. Runs Fri-Sat, 8pm; Sun, 3pm. Through May 16. Generation Theatre performs a new English translation of Molière’s classic, in Alexandrine verse.

BAY AREA

Oliver! Julia Morgan Center for the Arts, 2640 College, Berk; www.berkeleyplayhouse.org. $24-33. Opens Sat/24, 7pm. Runs Fri, 7:30pm; Sat, 2 and 7pm; Sun, 1 and 6pm. Through May 16. Berkeley Playhouse performs the Dickens-based musical.

ONGOING

An Accident Magic Theatre, Bldg D, Fort Mason Center, Marina at Laguna; 441-8822, www.magictheatre.org. $25-55. Opens Wed/21, 8pm. Runs Wed-Sat, 8pm (also Sat, 2:30pm); Sun, 2:30pm; Tues, 7pm. Through May 9. Magic Theatre closes their season with Lydia Stryk’s world premiere drama.

*…And Jesus Moonwalks the Mississippi Cutting Ball Theater, 277 Taylor; 1-800-838-3006, www.cuttingball.com. $15-30. Thurs/22-Sat/24, 8pm; Sun/25, 5pm. In this inspired poetical-historical counter-narrative from Bay Area playwright Marcus Gardley, Greek mythology, African American folklore, personal family history, and Christian theology are all drawn irresistibly along in a great sweep of wild and incisive humor, passion, pathos and rousing gospel music as buoyant and wide as the Mississippi — or rather Miss Sippi (the impressive Nicole C. Julien), personification of the mighty and flighty river. The Cutting Ball-Playwrights Foundation coproduction, lovingly directed by Amy Mueller, sports exquisite design touches from Cutting Ball regulars like Michael Locher, whose gorgeous plank-wood set serves as the ideal platform for a work both magnificently simple and eloquently evocative. (Avila)

Andy Warhol: Good For the Jews? Jewish Theatre, 470 Florida; 292-1233, www.tjt-sf.org. $15-45. Thurs-Sat, 8pm; Sun, 2 and 7pm. Through May 16. Renowned monologist Josh Kornbluth is ready to admit his niche is a narrow one: he talks about himself, and more than that, he talks about his relationship to his beloved late father, the larger-than-life old-guard communist of Kornbluth’s breakthrough Red Diaper Baby. So it will not be surprising that in his current (and still evolving) work, created with director David Dower, the performer-playwright’s attempt to "enter" Warhol’s controversial ten portraits of famous 20th-century Jews (neatly illuminated at the back of the stage) stirs up memories of his father, along with a close family friend — an erudite bachelor and closeted homosexual who impressed the boyhood Josh with bedtime stories culled from his dissertation. The scenes in which Kornbluth recreates these childhood memories are among the show’s most effective, although throughout the narrative Kornbluth, never more confident in his capacities, remains a knowing charmer. But the story’s central conceit, concerning his ambivalence over presenting a showing of "Warhol’s Jews" at San Francisco’s Contemporary Jewish Museum, feels somehow artificial. It’s almost a stylized rendition of the secular-Jewish moral quandary and neurotic obsession driving Kornbluth works of the past — or in other words, all surface, not unlike the work of another shock-haired artist, but less meaningfully so. (Avila)

The Diary of Anne Frank Next Stage, 1620 Gough; 1-800-838-3006, www.custommade.org. $10-28. Thurs-Sat, 8pm; Sun, 7pm. Through May 1. Custom Made performs Wendy Kesselman’s modern take on the classic.

"DIVAfest" Exit Theatre, 156 Eddy; 673-3847, www.theexit.org. Check website for dates and times. Through May 1. The ninth annual festival features plays and performances by women artists.

Eat, Pray, Laugh! Off-Market Theaters, 965 Mission; www.brownpapertickets.com. $20. Wed, 8pm. Through April 28. Off-Market Theaters presents stand up comic and solo artist Alicia Dattner in her award-winning solo show.

Frau Bachfeifengesicht’s Spectacle of Perfection Stage Werx Theatre, 533 Sutter; 1-800-838-3006, www.circusfinelli.com. $15-20. Fri/23-Sun/25, 8pm. San Francisco’s all-women clown troupe, Circus Finelli, performs their comedy show inspired by European circus acts and American vaudeville.

*Loveland The Marsh, 1074 Valencia; 826-5750, www.themarsh.org. $15-50. Sat/24, 8:30pm; Sun/25, 7pm. Starting May 8, runs Sat, 5pm and Sun, 2pm at the Marsh Berkeley, 2120 Allston, Berk. Through June 13. Los Angeles–based writer-performer Ann Randolph returns to the Marsh with a new solo play partly developed during last year’s Marsh run of her memorable Squeeze Box. Randolph plays loner Frannie Potts, a rambunctious, cranky, and libidinous individual of decidedly odd mien, who is flying back home to Ohio after the death of her beloved mother. The flight is occasion for Frannie’s own flights of memory, exotic behavior in the aisle, and unabashed advances toward the flight deck brought on by the seductively confident strains of the captain’s commentary. The singular personality and mother-daughter relationship that unfurls along the way is riotously demented and brilliantly humane. (Avila)

Macho Bravado Thick House, 1695 18th St; http://machobravado.eventbee.com. $15-25. Thurs/22-Sat/24, 8pm. Asian American Theater Company performs Alex Park’s drama about a Korean-American soldier dealing with life on the home front after fighting in the Middle East.

*Master Class New Conservatory Theatre Center, 25 Van Ness; 861-8972, www.nctcsf.org. $22-40. Wed-Sat, 8pm; Sun, 2pm. Through May 2. Terrence McNally’s lovingly clever and thoroughly engaging portrait-play about opera icon Maria Callas takes the inspired notion of post-career Callas (Michaela Greeley) teaching a Julliard master class of eager young singers, while naturally finding herself unable to resist dominating the stage once more. Through a set of arias performed to piano accompaniment (by Kenneth Helman) by a cast of actor-singers (Alyssa Stone, Holly Nugent, Gustavo Hernández), Callas’s unselfconsciously curt and even brutal interactions with the students finally evoke for this deeply proud yet insecure woman both past theatrical glories and backstage heartaches. The play receives an impressive, all-around satisfying production at New Conservatory Theatre under Arturo Catricala’s astute direction. Of course, even with decent to excellent work on and off stage by the entire production team — including a stately mood-setting scenic design by Kuo-Hao Lo — it would no doubt amount to little without a formidable lead actor to fill Callas’s elegant but slightly over-the-top shoes. Here a marvelously imposing yet charming Greeley delivers the part as if she were born to play it, and all goes swimmingly as a result. (Avila)

Pearls Over Shanghai Hypnodrome, 575 Tenth St.; 1-800-838-3006, www.thrillpeddlers.com. $30-69. Fri-Sat, 8pm; starting July 10, runs Sat, 8pm and Sun, 7pm. Extended through August 1. Thrillpeddlers presents this revival of the legendary Cockettes’ 1970 musical extravaganza.

The Real Americans The Marsh, 1062 Valencia; 826-5750, www.themarsh.org. $18-50. Wed-Thurs and May 28, 8pm; Sat, 5pm; Sun, 3pm. Through May 30. The Marsh presents the world premiere of Dan Hoyle’s new solo show.

SexRev: The José Sarria Experience Mama Calizo’s Voice Factory, 1519 Mission; 1-800-838-3006, www.therhino.org. $10-25. Previews Wed/21-Fri/23, 8pm. Opens Sat/24, 8pm. Runs Wed-Sat, 8pm; Sun, 2pm. Through May 2. Theatre Rhinoceros presents John Fisher’s musical celebration of America’s first queer activist.

Shopping! The Musical Shelton Theater, 533 Sutter; 1-800-838-3006, www.brownpapertickets.com. $27-29. Fri-Sat, 8pm. Ongoing. The musical is now in its fifth year at Shelton Theater.

Tell It Slant Southside Theater, Fort Mason Center, Bldg D, Marina at Laguna; www.tixbayarea.com. $20-40. Fri-Sun, 8pm (also Sun, 2pm; no 8pm show May 16). Through May 16. BootStrap Foundation presents Sharmon J. Hilfinger and Joan McMillen’s musical about Emily Dickinson.

"Wanton Darkness: Two Plays By Harold Pinter and Conor McPherson" Phoenix Theatre, 414 Mason; 335-6087. $24-28. Thurs-Sat, 8pm; Sun, 2pm. Through May 8. 2nd Wind Productions performs Ashes to Ashes and St. Nicholas in repertory.

What Mama Said About Down There Our Little Theater, 287 Ellis; 820-3250, www.theatrebayarea.org. $15-25. Thurs-Sun, 8pm. Through July 30. Writer-performer-activist Sia Amma presents this largely political, a bit clinical, inherently sexual, and utterly unforgettable performance piece.

BAY AREA

*East 14th: True Tales of a Reluctant Player Marsh Berkeley, 2120 Allston, Berk; www.themarsh.org. $20-35. Sun/25, 2pm; April 30 and May 7, 9pm; May 1 and 8, 8pm. Through May 8. Don Reed’s solo play, making its Oakland debut after an acclaimed New York run, is truly a welcome homecoming twice over. (Avila)

Equivocation Marin Theatre Company, 397 Miller, Mill Valley; (415) 388-5208, www.marintheatre.org. $34-54. Tues and Thurs-Sat, 8pm (also Sat/24 and May 1, 2pm; no show April 30); Wed, 7:30pm; Sun, 2 and 7pm. Through May 2. Marin Theatre Company presents playwright Bill Cain’s award-winning hit, a sparksy drama that steeps itself in the history of Shakespeare’s life, labors and times to, among other things, draw pointed references to a barbaric period of fear, witch-hunting and state-sponsored torture ("Politics is religion for people who think they’re god," as one character has it). As staged by artistic director Jasson Minadakis, the play is nervously kinetic and pitched rather high by a cast of first-rate actors delivering surprisingly lackluster performances. The fact is Cain also bites off quite a bit in Equivocation, including "Shagspeare"’s (Charles Shaw Robinson) fraught relationship with his morosely clever daughter (Anna Bullard), neglected twin of the beloved son he lost — which is perhaps why some of it seems only half chewed by the end. The play — set in designer J.B. Wilson’s metallic two-tiered semi-circle representing the storied Globe Theatre, where the Bard wrote and occasionally acted alongside his fellow King’s Men as co-proprietor — has also a wearying tendency to spell its morals in block letters. Some genuine insight into the plays and their meaning then and now lifts interest in the fictionalized action, which otherwise skirts by on mild amusement, somewhat strained dialogue and familiar post-9/11 indignation. (Avila)

Girlfriend Berkeley Repertory Theatre, Thrust Stage, 2025 Addison, Berk; (510) 647-2949, www.berkeleyrep.org. $27-71. Wed, 7pm; Thurs-Sat and Tues, 2pm (also Sat, 2pm); Sun, 2 and 7pm. Through May 9. If you like Matthew Sweet’s songs you’ll probably like the spirited renditions in this new boy-meets-boy musical, which borrows its title from Sweet’s famous 1991 album. The songs, backed by a solid band in a recessed fake-wood-paneled den at the back of the stage, underscore the fraught but exhilarating emotional bond between two Nebraska teens at the end of their high school careers and the cusp of an anxious, ambiguous independence. The performances and chemistry generated by actors Ryder Bach and Jason Hite under Les Waters’ sharp direction are marvelous, delivering perfectly the inherent honesty and feeling in Todd Almond’s book, while Joe Goode’s beautifully understated choreography adds a fresh, youthful insouciance to the staging. But the story is a small one, not just a small town story, and its short, predictable arc makes for a slackness not altogether compensated for by the evocative tension between the lovers. (Avila)

A History of Human Stupidity LaVal’s Subterranean Theatre, 1834 Euclid, Berk; (510) 499-0356, www.randt.org. $16-20. Thurs/22-Sat/24, 8pm; Sun/25, 7pm. Rough and Tumble presents a new play about an old subject, human folly. Actually, Andy Bayiates’ play — which under Cliff Mayotte’s direction takes the form of an out-to-the-audience physicalized history lesson before a blackboard wall — is less than comprehensive, leaping from a Dawn-of-Man slugfest to a familiar recounting of Western imperial history under an evolving definition of stupidity — initially, "a good idea gone bad." Performed unevenly by a five-member female cast, the wordier humor leans toward the quirky or goofy, while the slapstick lacks much of a punch, despite a fair amount of punching. In the end, the insights and irreverence are too pedestrian to sustain even those theoretically receptive to a wacky lecture on familiar themes. (Avila)

John Gabriel Borkman Aurora Theatre, 2081 Addison, Berk; (510) 843-4822, www.auroratheatre.org. $34-55. Tues and Sun, 7pm (also Sun, 2pm); Wed-Sat, 8pm. Through May 9. A former bank manager (James Carpenter) who did time for illegally speculating with customer accounts to the ruin of all now paces like a lone wolf (in the operative metaphor) in his upstairs study, planning a return to respectability, as his estranged wife (Karen Grassle) occupies the rooms below along with a testy housekeeper (Lizzie Calogero), where her sister (Karen Lewis) competes for the love and loyalty of the patriarch’s grown son (Aaron Wilton), who contrary to the designs of all his elders is determined to marry a charming widow (Pamela Gaye Walker) and "live," as he is compelled to reiterate. Ibsen’s play has an enduring topicality that is hard to miss of course, but Aurora’s production, directed by veteran hand Barbara Oliver, also inadvertently suggests why this leaden, slightly ridiculous work is so rarely produced, despite some solid acting, especially from an imposing yet slyly comical Carpenter in the title role. (Avila)

The Lysistrata Project Regent House, 2836 Regent, Berk; www.crowdedfire.org. $10-15. Thurs/22-Fri/23, 8pm. Crowded Fire presents Elana McKernan’s Aristophanes-inspired tale as part of its Matchbox Production development program for new works.

*A Seagull in the Hamptons Ashby Stage, 1901 Ashby, Berk; www.shotgunplayers.org. $15-30. Wed/21, 7pm; Thurs/22-Sat/24, 8pm; Sun/25, 5pm. Emily Mann’s free adaptation of Chekhov’s Seagull captures the essence of his early "comedy" — very much a human comedy, brimming with pain, turmoil and tragedy in equal measure with laughter, love and folly — and yet manages to be completely of its own (our own) time and place, so effortlessly as to seem a little miraculous. It helps, naturally, that director Reid Davis has assembled a very solid and enjoyable ensemble cast for this wonderfully tailored Shotgun Players production. (Avila)

To Kill a Mockingbird Mountain View Center for the Performing Arts, 500 Castro, Mtn View; (650) 463-1960, www.theatreworks.org. $27-62. Tues-Wed, 7:30pm; Thurs-Sat, 8pm (also Sat, 2pm); Sun, 2 and 7pm. Through May 9. TheatreWorks performs Christopher Sergel’s adaptation of Harper Lee’s literary masterpiece.

PERFORMANCE/DANCE

Alonzo King LINES Ballet Novellus Theater, Yerba Buena Center for the Arts, 700 Howard; 978-2787, www.linesballet.org. Wed-Thurs, 7pm; Fri-Sat, 8pm; Sun, 5pm. The company performs its 2010 spring season.

"Bay Area National Dance Week" Various locations; www.bayareadw.org. April 23-May 2. Over 400 free events, including performances and classes, hightlight this 12th annual celebration of dance.

"The Cat’s Pajamas" Make-Out Room, 2335 22nd St; www.makeoutroom.com. Mon, 8pm, $5. Cabaret show featuring a variety of acts under the theme "ModMambo."

"CubaCaribe Festival of Dance and Music" Dance Mission Theater, 3316 24th St; www.cubacaribe.org. Fri-Sat, 8pm; Sun, 7pm; Sun/25, 3pm. Through May 2. $12-22. The sixth annual fest showcases Cuban and Caribbean performers from the U.S. and abroad.

"Diaspora Tales #2: 1969" CounterPULSE, 1310 Mission; www.brownpapertickets.com. Fri-Sat, 8pm. $15. Asian Improv Arts, Asian Pacific Islander Cultural Center, and Oakland Asian Cultural Center collaborate on this interdisciplinary work.

"Evolution of a Kiss" Shotwell Studios, 3252-A 19th St; www.brownpapertickets.com. Fri-Sat, 8pm. Through May 1. $10-15. Cynthia Brinkman performs her solo show based on real-life accounts of first kisses.

"Kindergarde: Avant-Garde Poems, Plays, Stories, and Songs for Children" California College of Arts, 1111 Eighth St; www.sptraffic.org. Sun, 5:30pm, $5. Small Press Traffic presents this eclectic performance.

"Performance Art in Front of an Audience Ought to Be Entertaining" Marsh Studio Theater, 1062 Valencia; www.themarsh.org. Wed, 7:30pm. $10-20. Phillipe Coquet and Carla Pauli perform Sean Fletcher and Isabel Reichert’s drama set amid the 1980s avant garde art scene.

"La Semilla Caminante/The Traveling Seed" Intersection for the Arts, 446 Valencia; 626-2787. Fri-Sun, 8pm. $5-15. Intersection and Campo Santo present a new multimedia performance work by Celia Herrera Rodriguez, Cherrie Moraga, and Alleluia Panis.

"Springboard V" Meridian Gallery, 535 Powell; www.brownpapertickets.com. Fri-Sat, 8pm; Sun, 7pm. $10-25. Jump! Theater presents this staged reading of excerpts from plays by local writers.

Events listings

David Talbot
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0

Event Listings are compiled by Paula Connelly. Submit items for the listings at listings@sfbg.com.

WEDNESDAY 21

"Out in Israel" Various locations, visit www.outinisraelsf.org for more details. It’s not too late to catch some of the events taking place across the Bay Area in celebration of queer Israeli culture. On Wed/20 folk singer Yael Deckelbaum will be performing at Muse Gallery (614 Alabama, SF; (415) 279-6281) at 8:30pm, free. On Thurs/21 Israeli chef and TV personality Gil Hovav will takeover Regalito’s Restaurant (3481 18th St., SF; (415) 503-0650) for a 6pm and 8pm seating wherehe will entertain guests while making traditional Israeli cuisine with a Mexican influence available at two pre fix price points of $25 or $40. For more free events, talks, and performances, visit www.outinisraelsf.org.

"Water Dilemma – Bottled or Tap?" San Francisco Main Library, Latino Hispanic Room, 100 Larkin, SF; (415) 557-4400. 6pm, free. Consumers are provided with yearly test results on contaminant levels in tap water, but the bottled water industry is not required to disclose any testing results. Hear the Director of the California Office of the Environmental Working Group (EWG) Renee Sharp discuss this disparity and the EWG’s recent discovery of array of chemical contaminants found in every bottled water brand.

THURSDAY 22

Book Arts and Environmental Awareness San Francisco Center for the Book, 300 DeHaro, SF; (415) 565-0545. 1pm, free. Celebrate Earth Day by taking part in free activities like free printmaking, green typography, making "Save – Don’t Pave – the Bay" postcards that can be mailed to elected representatives, and more.

FRIDAY 23

Academy of Sciences Neighborhood Days California Academy of Sciences, 55 Music Concourse, Golden Gate Park, SF; www.calacademy.org. Through June 13. Look up which weekend your zip code gets you a free pass into the Academy of Science, grab your housemates and photo ID with proof of residency, and get your science on. The Parkside and Sunset (94116, 94122) neighborhoods are up first.

Earth Day at City College City College of San Francisco, 50 Phelan, SF; (415) 239-3580. 11am, free. Attend this environmental fair featuring live music, instructions on how to compost including information about the new city ordinance, how to fix your bike, how to recycle, and more.

Free Dance Classes ODC Dance Commons, 351 Shotwell, SF; (415) 863-6606. Various times through May 2, free. In honor of National Dance Week, ODC is offering free dance classes in many different styles, like Afro-Cuban modern, tango, hip hop, ballet, contemporary, flamenco, belly dancing, and more.

SATURDAY 24

Swan Day Hanuman Center, 4450 18th St., SF; www.womenarts.org. 10am; $35 all day pass, individual event passes available for less. Show your support for women in the arts at this all day festival featuring a multicultural blessing, a Haitian dance workshop, an open mic, screenings of short films, and more.

Twin Peaks Bioregion Meet in Golden Gate Park, SF; call (415) 564-4107 or email iris@natureinthecity.org to RSVP and for exact meeting location. 4pm, $10-20 donation to support nature in the city. Explore the wilderness of the live oak woodlands of Golden Gate Park, Mt. Sutro, Twin Peaks, and Glen Canyon and learn about species and habitats, issues and controversies.

BAY AREA

Salute to the Women of Congo Fotovision, 5515 Doyle, Emeryville; (415) 725-1636. 1pm, $1-35 suggested donation. Make creative cards to show your support and recognition of the courageous women in the Democratic Republic of Congo. Postcards will be distributed to women on the Congo as an act of solidarity and compassion. Materials are provided, but you are welcome to bring your own photographs.

SUNDAY 25

Hot.Fat.Femmes Good Vibrations, 603 Valencia, SF; (415) 522-5460. 7pm, free. Enjoy a fiercely intellectual panel of voluptuous vixens, fattiesexuals, and fat activists at this evening of body positive, sex positive and size affirming fat girl love hosted by Virgie Tovar. Tovar will read from her most recent work and there will be a photo exhibit featuring hot fatties.

People’s Earth Day Women’s Building, 3543 18th St., SF; www.greenaction.org. 2pm, $10-$50 suggested donation. Join Greenaction and youth and women community leaders from Kettleman City and Bayview Hunters Point for an afternoon of live theater, local foods, and solidarity with these polluted communities that are fighting for health and justice.

Poem for Mother Earth Galeria de la Raza, 2857 24th St., SF; (415) 826-8009. 4pm, $5. Take part in this indigenous healing day for Earth Day featuring poets, artists, musicians, and story-tellers of all ages presenting an afternoon of Bi-lingual performance and action. In conjunction with POOR magazine, a poor and indigenous people led, non-profit grassroots arts organization.

BAY AREA

People’s Park Anniversary Concert People’s Park, Telegraph at Dwight, Berk.; www.peoplespark.org. Noon, free. Enjoy music from Antioquia, Funky Nixons, Phoenix, Wingnut Breakfast, and many more as well as activities, a circus workshop, drum circle and more to celebrate the 41st anniversary of People’s Park.

MONDAY 26

"Leaders at the Lab" Margaret Jenkins Dance Lab, suite 200, 301 8th St., SF; (415) 861-3940. 7pm, free. Choreographers, dancers, dance-makers, and enthusiasts are invited to attend this talk with choreographer Alonzo King, who will discuss the career choices he made in order to succeed in the ever-changing climate of dance-making art.

TUESDAY 27

Underground Market San Francisco Art Institute, 800 Chestnut Street, SF; foragesf.com. 4pm, free. Taste and purchase food that is being produced in backyards and home kitchens in the Bay Area at this underground market presented by Forage SF. The market will feature live music, homemade baked goods, raw chocolate, raw honey, jams, jellies, pickles, kombucha, and more.

The danger of Props. 16 and 17

David Talbot
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2

The problem here is not just two awful laws – it’s the idea that a single company, with loads of cash, can utterly subvert the basic premise of Democracy

EDITORIAL The California Democratic Party voted at its statewide convention April 17 to oppose Propositions 16 and 17. The San Francisco Chronicle — no friend of public power and consumer rights — endorsed strongly against both measures April 18. In fact, most major newspapers and civic groups have come out against what amounts to the most blatant attempt in California history by a pair of big corporations to buy favorable legislation at the ballot box.

 

And for Pacific Gas and Electric Co. and Mercury Insurance, none of that matters much.

This campaign is all about money — big gobs of money — and PG&E and Mercury have it and their opponents, so far, don’t. And if that doesn’t change in the next few weeks — if Democratic Party leaders, starting with Speaker of the House Nancy Pelosi and Sens. Dianne Feinstein and Barbara Boxer — don’t immediately start making the defeat of these two measures a priority, California will send a signal to every big corporate interest in the world that its laws and policies are for sale.

Prop. 16 is being sold — in slick TV ads and mailers so deceptive they can only be called intentional lies — as giving the voters the right to have a say before local government gets into the business of selling electricity. The proposition, one PG&E flyer notes, “is our best protection against government spending your money to get into a business they [sic] know nothing about.”

Actually, government knows a lot about the electricity business. All over California, public power agencies offer better service and lower rates than the private utilities. Nationwide, residents of more than 2,000 communities have public power — and few want to give it up and return to buying electricity from private utilities.

But that’s not the point. Prop. 16 exists entirely because PG&E wanted to stop competition. The company is spending at least $35 million of its money to pass a law that would require a two-thirds vote (a nearly insurmountable obstacle) before any local agency can offer or expand local electricity service. The Chronicle, which has always opposed public power in San Francisco, argues that “Californians should be skeptical of any local government’s claim that it can deliver cheaper and cleaner power than an established utility. But they should be at least as wary when that monopoly utility wants to deprive them of that choice.”

Prop. 17 is another blatant single-interest measure, sponsored and underwritten entirely by one giant insurance company, to change the way car insurance is regulated in California. It would, among other things, allow insurers to raise rates for people who don’t already have coverage. Give up your car for a year (because you lost your job and couldn’t afford it, or decided that you could commute just as well by bicycle, or for any other reason) and the next time you buy insurance, your rates could soar — even if your driving record was clean.

The problem here is not just two awful laws — it’s the idea that a single company, with loads of cash, can utterly subvert not only the intent of California’s initiative law but the basic premise of Democracy. PG&E and Mercury were unable to get the state Legislature to do what they wanted, so they hired campaign consultants, paid millions for people to gather signatures on petitions, put the self-serving measures on the ballot, and are now flooding airwaves and mailboxes with well-crafted, effective lies. If they succeed, what’s going to stop every other sleazy big-money interest from doing the same?

Well, right now, nothing.

It’s absolutely critical, both for the issues of public power and consumer rights and for the fundamental notion that you can’t simply buy a new law, that Props. 16 and 17 are defeated. But we’re not seeing a lot of evidence that any of the most influential people in California are taking this seriously.

State Sen. Mark Leno has done tremendous work in getting the state party to oppose Prop. 16. Assembly Member Tom Ammiano has been working nonstop in Sacramento to try to get some money into the No on 16 coffers. San Francisco Sup. Ross Mirkarimi has led the statewide organizing efforts. And San Francisco City Attorney Dennis Herrera joined a lawsuit to invalidate the law.

But in all the speeches and public statements that Pelosi, Boxer, Attorney General Jerry Brown, Lt. Gov. candidates Janice Hahn and Gavin Newsom, party chair John Burton, and others delivered at the state party convention, there was nary a mention of the fundamental importance of voting no on 16 and 17. None of the people who are capable of raising millions of dollars, the sort of money needed to defeat these measures, is making much of an effort to do it.

Props. 16 and 17 can be defeated. All it takes is a massive campaign to educate voters in a low turnout election about what these two measures actually are. But if the state’s political leaders allow these two measures to pass, California in 2010 will go down in history as the most corrupt and ungovernable state in America. And it’s very close to happening.

 

The danger of Props. 16 and 17

David Talbot
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0
The danger of Props. 16 and 17

EDITORIAL The California Democratic Party voted at its statewide convention April 17 to oppose Propositions 16 and 17. The San Francisco Chronicle — no friend of public power and consumer rights — endorsed strongly against both measures April 18. In fact, most major newspapers and civic groups have come out against what amounts to the most blatant attempt in California history by a pair of big corporations to buy favorable legislation at the ballot box.

And for Pacific Gas and Electric Co. and Mercury Insurance, none of that matters much.

This campaign is all about money — big gobs of money — and PG&E and Mercury have it and their opponents, so far, don’t. And if that doesn’t change in the next few weeks — if Democratic Party leaders, starting with Speaker of the House Nancy Pelosi and Sens. Dianne Feinstein and Barbara Boxer — don’t immediately start making the defeat of these two measures a priority, California will send a signal to every big corporate interest in the world that its laws and policies are for sale.

Prop. 16 is being sold — in slick TV ads and mailers so deceptive they can only be called intentional lies — as giving the voters the right to have a say before local government gets into the business of selling electricity. The proposition, one PG&E flyer notes, "is our best protection against government spending your money to get into a business they [sic] know nothing about."

Actually, government knows a lot about the electricity business. All over California, public power agencies offer better service and lower rates than the private utilities. Nationwide, residents of more than 2,000 communities have public power — and few want to give it up and return to buying electricity from private utilities.

But that’s not the point. Prop. 16 exists entirely because PG&E wanted to stop competition. The company is spending at least $35 million of its money to pass a law that would require a two-thirds vote (a nearly insurmountable obstacle) before any local agency can offer or expand local electricity service. The Chronicle, which has always opposed public power in San Francisco, argues that "Californians should be skeptical of any local government’s claim that it can deliver cheaper and cleaner power than an established utility. But they should be at least as wary when that monopoly utility wants to deprive them of that choice."

Prop. 17 is another blatant single-interest measure, sponsored and underwritten entirely by one giant insurance company, to change the way car insurance is regulated in California. It would, among other things, allow insurers to raise rates for people who don’t already have coverage. Give up your car for a year (because you lost your job and couldn’t afford it, or decided that you could commute just as well by bicycle, or for any other reason) and the next time you buy insurance, your rates could soar — even if your driving record was clean.

The problem here is not just two awful laws — it’s the idea that a single company, with loads of cash, can utterly subvert not only the intent of California’s initiative law but the basic premise of Democracy. PG&E and Mercury were unable to get the state Legislature to do what they wanted, so they hired campaign consultants, paid millions for people to gather signatures on petitions, put the self-serving measures on the ballot, and are now flooding airwaves and mailboxes with well-crafted, effective lies. If they succeed, what’s going to stop every other sleazy big-money interest from doing the same?

Well, right now, nothing.

It’s absolutely critical, both for the issues of public power and consumer rights and for the fundamental notion that you can’t simply buy a new law, that Props. 16 and 17 are defeated. But we’re not seeing a lot of evidence that any of the most influential people in California are taking this seriously.

State Sen. Mark Leno has done tremendous work in getting the state party to oppose Prop. 16. Assembly Member Tom Ammiano has been working nonstop in Sacramento to try to get some money into the No on 16 coffers. San Francisco Sup. Ross Mirkarimi has led the statewide organizing efforts. And San Francisco City Attorney Dennis Herrera joined a lawsuit to invalidate the law.

But in all the speeches and public statements that Pelosi, Boxer, Attorney General Jerry Brown, Lt. Gov. candidates Janice Hahn and Gavin Newsom, party chair John Burton, and others delivered at the state party convention, there was nary a mention of the fundamental importance of voting no on 16 and 17. None of the people who are capable of raising millions of dollars, the sort of money needed to defeat these measures, is making much of an effort to do it.

Props. 16 and 17 can be defeated. All it takes is a massive campaign to educate voters in a low turnout election about what these two measures actually are. But if the state’s political leaders allow these two measures to pass, California in 2010 will go down in history as the most corrupt and ungovernable state in America. And it’s very close to happening.

What do you get for your tax dollars?

David Talbot
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0
What do you get for your tax dollars?

By Steven Hill

OPINION Most Americans seem to regard April 15 — the day income tax returns are due — as a recurring tragedy akin to a biblical plague. Europe frequently plays the punching bag role during these moments because there is a perception that the poor Europeans are overtaxed serfs.

But a closer look reveals that this is a myth that prevents Americans from understanding the vast shortcomings of our own system.

The fact is, in return for their taxes, Europeans receive a generous support system for families and individuals that Americans must pay for exorbitantly, out-of-pocket, if we are to receive it at all. That includes high-quality health care for every single citizen, the average cost of which is about half what Americans pay, even as various studies show that Europeans achieve healthier results.

But that’s not all. In return for their taxes, Europeans also receive affordable childcare, a decent retirement pension, free or inexpensive university education, job retraining, paid sick leave, paid parental leave, ample vacations, affordable housing, senior care, efficient mass transportation, and more. To receive the same level of benefits as Europeans, most Americans fork out a ton of money in out-of-pocket payments, in addition to our taxes.

For example, while 47 million Americans have no health insurance, many who do pay escalating premiums and deductibles. Anthem Blue Cross of California announced that its premiums will increase by up to 40 percent. But all Europeans receive health care in return for a modest amount deducted from their paychecks.

Friends have told me they are saving nearly $100,000 for their children’s college education, and most young Americans graduate with tens of thousands of dollars in debt. But European children attend for free or nearly so (depending on the country).

Childcare in the U.S. costs over $12,000 annually for a family with two children; in Europe, it costs about one-sixth that amount, and the quality is far superior. Millions of Americans are stuffing as much as possible into their IRAs and 401(k)s because Social Security provides only about half the retirement income needed. But the more generous European retirement system provides about 75 percent to 85 percent (depending on the country) of retirement income. Either way, you pay.

Americans’ private spending on old-age care is nearly three times higher per capita than in Europe because Americans must self-finance a significant share of their own senior care. Americans also tend to pay more in local and state taxes, as well as in property taxes. Americans also pay hidden taxes, such as $300 billion annually in federal tax breaks to businesses that provide health benefits to their employees.

That’s something to keep in mind as you pay your income taxes.

Steven Hill is the author of the recently published Europe’s Promise: Why the European Way is the Best Hope in an Insecure Age (www.EuropesPromise.org) and director of the Political Reform Program for the New America Foundation.

Alerts

David Talbot
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0

alert@sfbg.com

THURSDAY, APRIL 22

Oakland Teacher Strike


Demand improved learning conditions for students and for re-prioritizing next year’s Oakland Unified School District budget at this protest against a top-heavy administration, increase in private contracts, and continued layoffs of teachers and support staff.

6 a.m. picket at your local Oakland public school, free

Noon rally at Frank Ogawa Plaza

14th St. at Broadway, Oakl.

Oaklandcoalition@gmail.com

Stop the Gang Injunction


Protest the proposed gang injunctions in North Oakland as a vehicle for racial profiling and criminalizing the day-to-day activities of youth of color. Demand that the city invest these resources in addressing root causes of violence and finding solutions toward building affordable communities for everyone. Protest scheduled to coincide with the preliminary hearing for the injunction.

Noon, free

Superior Court of California, Alameda County

1221 Oak, Dept. 20, Oakl.

Stoptheinjunction.wordpress.com

SATURDAY, APRIL 24

Million Meals for Haiti


Thousands of volunteers are needed to help pack and ship 1 million meals in less than 24 hours to feed earthquake survivors in Haiti. The Salvation Army plans to distribute 1 million meals per week in Haiti for the next six to nine months and has issued a call for help.

8 a.m., free

Cow Palace

2600 Geneva, Daly City

(415) 553-3568

www.sfsalvationarmy.org

Sidewalks Are For People!


Celebrate San Francisco’s public space, vibrant and diverse culture, and tradition of tolerance and compassion by doing what you love on any city sidewalk. Barbecue! Make art! Play chess! Read! Knit! Do yoga! Converse! Stand idly! This follow-up to last month’s event is in protest of the proposed Sit/Lie Ordinance that will make it illegal to sit or lie on sidewalks in San Francisco.

All day, free

A sidewalk near you, SF

Visit www.standagainstsitlie.org to find out about scheduled events

MONDAY, APRIL 26

Environmental Emergency Conference


Attend this conference organized by Revolution Books in response to the failure of the Copenhagen climate talks to initiate any significant measures to address our climate change crisis. The speakers bring a wide range of political perspectives, experience, and expertise in sounding the alarm for action.

7 p.m., free

UC Berkeley

Stanley Hall Auditorium

Mining Circle, off Gayley road, Berk.

www.ucbemergencyenviroconf.org

TUESDAY, APRIL 27

Hold Big Banks Accountable


Join the march to Wells Fargo’s annual shareholders meeting and protest the mass evictions of California families by big banks that are guilty of predatory lending, refusing to make necessary loan modifications to save neighborhoods, and continuing to reap record profits after being bailed out by taxpayers.

Noon march, free

Meet at Justin Herman Plaza, Embarcadero at Market, SF

1 p.m. rally, free

Merchants Exchange Building, 465 California, SF

(415) 864-3980

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 255-8762; 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.

Sabar dances for Bay Area art form

Andrew Lam
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0

When Delina Patrice Brooks got the call to audition for the new movie about the Bay area African dance community, she didn’t have to think twice. “Anything that helps to promote, preserve and expose the beauty of African dance gets an easy “yes” from me,” says the local dancer and artist. She wound up in a supporting role in Sabar, a film which screens at the Museum of the African Diaspora Fri/23, and which highlights an important cultural movement in the Bay. “The film was very reflective of our community,” says Brooks, whose been an advocate of, and participant in, the traditional artistic form for over a decade.
Sabar’s creator and director, Nigerian filmmaker Chike Nwoffiah, initially set out to make a documentary on the local dance scene that captivated him with it’s vibrant sights and sounds. Flush with dance classes and performances, the Bay’s African dance — a form which has a subgenre known as “sabar” — culture is unprecedented in the US.

“African dance is huge in the Bay area,” says Eboni Hawkins, director of see.think.dance, which promotes connections between urban communities, artists and dance productions. “Out of all dance communities in the US, we [in the Bay] are really known for traditional dance.”

After hearing of the social connotations and intense spiritual communion that many African dancers take from their art, Nwoffiah, who at one point commented “my heart was bleeding sabar,” decided that his story could be best told in a dramatic arc.

Check out Sabar‘s trailer

The film he brought forth follows Aisha (played by the talented Bunmi DeRosario, a real life regular in the Bay’s traditional dance scene), a hip hop dancer who comes to sabar, a dance that originally comes from Senegal, more or less by accident. She’s surprised to find that the rhythms of the drums awaken within her some kind of rememberance — or is it destiny? — or excitement lacking in her modern world. She’s swept into the orbit of the dance, and the pattern of her daily life is forever changed.

For advocates of African dance, its not an unbelievable awakening. “There are people that come to dancing late in life, and they find that they become a part of something larger than themselves,” says Hawkins. “This is a really tight community, and it can be very welcoming.”

Watching Sabar, which has been screening across the world since its premiere at the 2009 Pan-African Film & Television Festival in Burkina Faso, you begin to understand the draw of traditional African dance; the bright fabrics, the clacking of cowries mixing with the bottomless reverberations of the djembe drums, the communal nature of multi dancer performances. The movie Sabar was honored with the best feature film and audience choice awards at the Urban Mediamakers Film Festival in Atlanta.

Hawkins calls Sabar a great “introductory point” for those unacquainted with the dance — and Brooks is quick to make the connection for those that like what they see. When asked what she would share with people about the making of the movie, she had an invitation to extend. “For anyone who enjoys moving their body, come dance with us! It’s intimidating at first — absolutely — but it’s invigorating.” She cited the workout potential of the art form, and finished up with an affirmation. “Just like in the film, the drums are captivating and the moves just — they just feel good.”

Fri/23 5 & 7:30 p.m., free with $10 museum admission
Museum of the African Diaspora
685 Mission, SF
(415) 358-7200
www.moadsf.org

Record Store Day spins right round this Saturday

Jesse Hawthorne Ficks
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0
Record Store Day spins right round this Saturday

Digital music files are the Snuggie of the music industry; so comfy, so easy, but it’s fleece is cheap and one dimensional. Vinyl is a thick quilt, a layered labor of love Grandma crafted just for you– a product that brings about a whole new quality of life when you’re wrapped beneath it. Strange analogy, but if you’re unfamiliar with the loveliness and depth of vinyl’s sound possibilities, Record Store Day– this Sat/17 at locations across the Bay– is your day to give ’em a spin.

1234 GO!

Steve Stevenson, owner of Oakland’s 1-2-3-4 Go! Records understands why people chuck and trade their physical albums for digital– to simplify their lives and clear out some clutter. He says he did the same thing two years ago when he opened the store. 

“I ended up selling almost all of my records– it’s basically how the store started. And now I don’t have many…” he says, pauses, and looks around at the loaded shelves in his shop. “Or I guess I have more than I’ve ever had.” Exactly. Stevenson didn’t cut his collection– his passion for records blew up, the physical stacks of beats and sounds have become his livelihood. 

1234 GO!

Maybe you’re not into building a gigantic vinyl collection over the weekend, but a short celebratory stack for the holiday can make for a healthy collection. And what’s great about visiting a small, boutique shop like Stevenson’s, is what it’s lacking– no over abundance of records to sift and flip for hours on end.

“My shop is small, but it’s packed with almost all exclusively good things,” he smiles. “We have good turnover on everything in here. And customers often tell me it’s nice to come in here for a half-hour and leave with something. It’s not a six-hour process of digging to get to one album you care about.”

So what are some things Stevenson is currently caring about? He would love to share. 

1234 GO!

The self-titled debut of Vermont’s grunge-pop trio Happy Birthday [Sub Pop, 2010] is by far this record shop’s pride and joy right now. Stevenson claims it’s the best collection of music he’s heard in the past two years and while he has yet to confirm totals with the label, he’s pretty he has sold more copies than any store around. 

“It’s only been out a month and I’ve sold 35 copies. I tend to push it on people. It’s just so good.”

1234 GO!

1234 GO!

He’s also pretty proud of Seattle’s Cute Lepers‘ sophomore release, Smart Accessories, [1-2-3-4 GO! Records, 2009] put out on Stevenson’s very own label. Why he gleams and grins so big when it comes to this particular record? It glows in the dark! Trippy! 

“Perfect for dark listening,” he says. 

1234 GO!

Besides music, 1-2-3-4 GO! also showcases the work of local artists each month. Currently it’s Danny Neece’s totally awesome paintings that pair oh so perfectly with the store’s colors. Get introduced to new music, new people and new art: everybody wins. 

While these goodies and other rotating gems are available every day at local music shops, the grandiose appeal of Record Store Day is the limited edition, exclusive releases both labels, artists and shops put out each year in celebration of the under-appreciated music hubs. From in-store performances to mix tapes and snacks (maybe?), put down your iPod this Saturday and let a physical person give you an earful of inspiration. 

Check out www.RecordStoreDay.com to see the major list of nationwide events. 

Or browse this list of participating stores in the Bay Area: 

San Francisco:

Amoeba Music
Aquarius Records
Creative Music Emporium
Force of Habit Records
Medium Rare Music
Streetlight Records
The Music Store

East Bay:

Amoeba Music (Berkeley)
Down Home Music Fourth Street (Berkeley)
Rasputin Music (Berkeley)
Down Home Music (El Cerrito)
Mod Lang (El Cerrito)
1-2-3-4 Go! Records (Oakland)

North Bay:

Back Door Disc (Cotati)
Watts Music (Novato)
Vinyl Planet (Petaluma)
Bedrock Music & Video (San Rafael)
Red Devil Records (San Rafael)
Last Record Store (Santa Rosa)

San Jose:

Space Cat
Streetlight Records

On Tax Day, are Americans getting our money’s worth?

Sasha Cuttler
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0
On Tax Day, are Americans getting our money’s worth?

Editor’s Note: While the teabaggers try to claim Tax Day as a national day of protest against government and taxes, San Francisco author and activist Steven Hill (the father of the city’s ranked choice voting system) offers a different perspective, noting that it isn’t taxes and government that we should be so angry about today, but how little we get for them, thanks largely to right-wing opposition to expanding public services

By Steven Hill
Most Americans seem to regard April 15 — the day income tax returns are due to the Internal Revenue Service — as a recurring tragedy akin to a Biblical plague.  Particularly this year, with US government deficits soaring, everyone from the teabaggers to Fox News and Senate Republicans are sounding the alarm about a return to “big government.” Recently former New York mayor Rudy Giuliani even stated that President Obama was moving us towards — gasp — European socialism.
Europe frequently plays the punching bag role during these moments because there is a perception that the poor Europeans are overtaxed serfs.  But a closer look reveals that this is a myth that prevents Americans from understanding the vast shortcomings of our own system.

A few years ago, an American acquaintance of mine who lives in Sweden told me that, quite by chance, he and his Swedish wife were in New York City and ended up sharing a limousine to the theater district with a southern U.S. Senator and his wife. This senator, a conservative, anti-tax Democrat, asked my acquaintance about Sweden and swaggeringly commented about “all
those taxes the Swedes pay.” To which this American replied, “The problem with Americans and their taxes is that we get nothing for them.” He then went on to tell the senator about the comprehensive level of services and benefits that Swedes receive.

“If Americans knew what Swedes receive for their taxes, we would probably riot,” he told the senator. The rest of the ride to the theater district was unsurprisingly quiet.

The fact is, in return for their taxes, Europeans are receiving a generous support system for families and individuals for which Americans must pay exorbitantly, out-of-pocket, if we are to receive it at all. That includes quality health care for every single person, the average cost of which is about half of what Americans pay, even as various studies show that Europeans achieve healthier results.  

But that’s not all.  In return for their taxes, Europeans also are receiving affordable childcare, a decent retirement pension, free or inexpensive university education, job retraining, paid sick leave, paid parental leave, ample vacations, affordable housing, senior care, efficient mass transportation and more. In order to receive the same level of benefits as Europeans, most Americans fork out a ton of money in out-of-pocket payments, in addition to our taxes.

For example, while 47 million Americans don’t have any health insurance at all, many who do are paying escalating premiums and deductibles.  Indeed, Anthem Blue Cross announced that its premiums will increase by up to 40%. But all Europeans receive health care in return for a modest amount deducted from their paychecks.

Friends have told me they are saving nearly a hundred thousand dollars for their children’s college education, and most young Americans graduate with tens of thousands of dollars in debt.  But European children attend for free or nearly so (depending on the country).

Childcare in the U.S. costs over $12,000 annually for a family with two children, but in Europe it cost about one-sixth that amount, and the quality is far superior. Millions of Americans are stuffing as much as possible into their IRAs and 401(k)s because Social Security provides only about half the retirement income needed. But the more generous European retirement system provides about 75-85 percent (depending on the country) of retirement income. Either way, you pay.

Americans’ private spending on old-age care is nearly three times higher per capita than in Europe because Americans must self-finance a significant share of their own senior care. Americans also tend to pay more in local and state taxes, as well as in property taxes.  Americans also pay hidden taxes, such as $300 billion annually in federal tax breaks to businesses that provide health benefits to their employees.

When you sum up the total balance sheet, it turns out that Americans pay out just as much as Europeans — but we receive a lot less for our money.  

Unfortunately these sorts of complexities are not calculated into simplistic analyses like Forbes’ annual Tax Misery Index, a “study” which shows European nations as the most miserable and the low-tax United States as happy as a clam — right next to Indonesia, Malaysia and the Philippines.

In this economically competitive age, increasingly these kinds of services are necessary to ensure healthy, happy and productive families and workers. Europeans have these supports, but most Americans do not unless you pay a ton out-of-pocket. Or unless you are a member of Congress, which of course provide European-level support for its members and their families.

That’s something to keep in mind on April 15.  Happy Tax Day.

[Steven Hill is the author of the recently published “Europe’s Promise: Why the European Way is the Best Hope in an Insecure Age” (www.EuropesPromise.org) and director of the Political Reform Program for the New America Foundation].

SanFolk Disco’s blazing neo-folk collision

Andrew Lam
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JL Stiles would like it if we all just appreciated what we’ve got a little more. 

“If you look at the new artists that have come out of San Francisco recently, we’re got some really innovative people. But in the belly of the beast, traction is not easy to come by. The great artists, someone discovers them and cashes out on their genius, and then they’re touring all over and just come back every once in awhile,” says the mathematician/musician/creator of the new neo folk concert series San Folk Disco, which kicks off Thur/15 at Café Du Nord.

The series will showcase three Bay area artists each month, with the intent to gather together three different kinds of folk sound, what the event’s website calls “three blazing comets of musical ice and fire.”  

Stiles, himself an accomplished guitarist who attributes his musical acumen to a penchant for advanced mathematical theorems, has aspirations of becoming “a personal music scene.” Though he has taken pleasure in the aspects of SanFolk Disco he’s orchestrated, when it comes to event planning in general “I prefer that everybody else do it, and me be the source of it. I’m about what music is fundamentally; inspiration, profundity, a serious, magical thing. If it’s only about JL Stiles, it’s really small. If it’s about what music encompasses for humankind, it’s something to live your life for.”

Here’s the profundity going down at tomorrow night’s SanFolk Disco; Stiles opens (as he will each month), and from there the boundaries of folk, rock, and bluesy jam music will be explored. Sweet, jazzy Kasey Johansing’s ephemeral purrs are set to lay a nice, velvety groundwork for a more jingle-jangle, feel good sesh by Bart Davenport. “Bart’s the kind of guy that always leaves you with a smile on your face. He gets crowds dancing,” says Stiles.

Sounds like a fun night; support your local music scene while it still is local, hear a bunch of different artists’ interpretation of what folk music is today… strike a blow for personal connections in a rapidly digitizing social sphere? “It’s a civic duty to go out and take charge and participate in some way in peoples’ lives,” exhorts Stiles. “Do your civic duty, come out and party!”

SanFolk Disco feat. Bart Davenport, Kacey Johansing & JL Stiles

Thur/15 8 p.m., $10-12

Café Du Nord

2170 Market, SF

www.sanfolkdisco.blogspot.com

 

Can’t stay away

Jesse Hawthorne Ficks
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0
Can’t stay away

arts@sfbg.com

MUSIC “What can you do at the age of 44 that’s relevant?” a philosophical Too Short asks over brunch at the Buttercup in Oakland. “It can’t be good; it’s gotta be critic-proof.”

Seldom can you trace an entire artistic milieu back to one person, yet with Bay Area rap, you can. And his name is Too Short, a.k.a. Todd Shaw. In 1980, when the 14-year-old Short moved from L.A. to Oakland, rap was still considered a New York City phenomenon, but this didn’t stop him from making tapes to sell on the bus and the block. Between 1983 and 1986, he cut three discs on local label 75 Girls before forming his own Dangerous Music, whose first album, Short’s Born to Mack (1987), was soon re-released by Jive Records.

But after 14 albums on Jive — three gold, five platinum, one double platinum — Short Dog has gone independent. His label, once named Short Records, then Up All Nite, has been rechristened Dangerous Music, which released his Internet-only pre-album, Still Blowin’, on April 7. The most exciting news is that he’s returned from Atlanta to make music in the Bay, as well as his native L.A.

“What brought me back West was just the love, period,” he says. “People love me other places, but the West Coast love is unconditional. Not only in the Bay. It’s the same in L.A.

“Even in Atlanta,” he continues, “a lot of what I wrote was Oakland music. Oakland gives me the inspiration to write songs.”

Beyond the Bay, Too Short is as seminal a figure as Ice-T, bringing two major innovations to rap: profanity and pimpin’. These days, when half an MC’s verse gets muted on the radio due to graphic content, it’s hard to imagine rap without dirty lyrics, but it was a teenage Short who opened this Pandora’s box, with hardcore classics like “Blow Job Betty.”

“It’s not about pimps so much as having game,” Too Short says, yet the dirty rhymes inevitably meshed with Oakland’s cult of the pimp, whose ur-text is the locally-shot blaxploitation film, The Mack (1973). His much-imitated signature word, “biatch,” once caused controversy, though America fell in love with it after Dave Chappelle’s Rick James skit. As Short raps on the hit title track of his 16th album, Blow the Whistle (Jive 2006), “He got it from me.” Having discovered and recorded with Lil Jon even makes Short a pivotal figure in crunk.

 

JIVE JIVE

Unlike Ice-T or other contemporaries, Short remains a viable hitmaker. Blow the Whistle reached No. 14 on Billboard (No. 7 on the rap chart) and spawned a second hit, “Keep Bouncin’,” featuring Snoop Dogg and will.i.am, who produced it. Yet Jive refused to promote it, or even make a video, despite Snoop and will’s offer to work on it for free — one symptom of a deteriorating relationship between artist and label, which changed focus in the late 1990s to concentrate on teen pop like Britney Spears. Despite its lack of support, Short says that Jive “wouldn’t bow out gracefully,” instead holding him up for months with talk of a major retrospective with four new tracks that never materialized.

“When it’s near the end of the contract,” he says. “No matter how much they made off you, they don’t want to settle it in a humane way. It was clear their only intent was, ‘You must leave here not famous.'<0x2009>”

“I’m a realist,” he says about Jive pursuing more lucrative pop while abandoning a flagship artist who made the label millions. “It leaves a bad taste in your mouth. But there are no regrets. There wouldn’t be the legendary rapper Too Short if I didn’t get in my early years at Jive.” Eventually Short turned in a new album, Get Off the Stage (2007) — which, without promotion by Short or Jive, still hit No. 21 on the rap chart — in exchange for freedom.

 

INDEPENDENCE DAY

Unlike E-40, who left Jive for Reprise, Short Dog opted to go independent. “I could have got a major label deal two weeks after I left Jive,” Short says. “But I’m not going to get 100,000 first-week scans, and that’d be it.”

Both statements are probably true; he’s high-profile and relevant enough to get signed. Yet given the state of the industry and the youth-bias of major label rap, he’s unlikely to go platinum. But platinum’s a scarce commodity nowadays. And much like the nearly 40-year-old Snoop, Short still reliably makes hits and sells records. And he doesn’t intend to stop.

“I was smart enough to realize when the support wasn’t there, I could support myself,” he states matter-of-factly, without a trace of bravado.

Still Blowin’, Short says, “is just an appetizer for the upcoming menu,” his full-blown 2011 disc whose title is “so fly” he won’t unveil it yet. “I can’t just throw another album out there in this market. I need to warm it up, and this Internet album’s to feel out which direction I want to go in.” One direction is mixing in songs with a little more food for thought, even flirting with the idea of falling in love on the standout “Playa Card.”

“This is all premeditated,” he says. “I’m talking lots of shit, but I pick subjects where I can give a little more depth.”

“My last and final goal in hip-hop is to shatter that age-limit myth,” he continues. “It’s totally against everything this hip-hop industry is about. I’ll be 45 in 2011, and I guarantee you, I’ll drop an album and it’ll be the shit.

“I see it like I’m a jazz or a blues musician,” he continues. “I should be a rapper when I can’t even get off the stool, just sit there, nod my head, and do the show. I should be in a Vegas show with showgirls and shit. I’m going to rap till the words don’t come out.”

Emerald city

Jesse Hawthorne Ficks
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Emerald city

GREEN ISSUE Walk out your front door today and you won’t find a corner store that doesn’t sell “organic food,” a restaurant whose we-buy-sustainable addendum reads “whenever possible,” a trash can with a precious separate compartment for your all-natural soda cans. It’s hard to forget that it’s not all another secret plan from the government to make your life less fun. But it’s not! Below, please find assembled an all-star list of resources that are honest-to-goodness designed to help you help out our little ball, spinning all terrestrially out in space.

RECYCLING
They’ve tried to make it easy on you. Compost goes in green! Beer bottles in blue! Devil Styrofoam — where’d you get that? — in black! But still, you have questions. What about the bottle caps? Can I recycle the bag my Korean taco came in? Can I get a new green bin without a rat-hole in it? (Yes! No, that’s compost! Yes, but work on that vermin problem!) One quick stop at the Recology SF Web site has you sorted. You’ll also find info on the dump’s sculpture garden — the world’s only garbage company’s art park.

GROWING THAT GREEN
Because that window box in your bedroom hasn’t contributed anything to dinner in way too long, SF Garden Resource Organization maintains a database on everything you need to grow your own sustenance in the city. Find within its welcoming Internet embrace info on cheap local classes to turn that idle thumb green, all kinds of gardening pointers, and the lowdown on which community gardens are accepting new plot tenders.

PESTICIDES AND JUNK MAIL
They’re awful, aren’t they? And they’re all around us, which is why the Environmental Health Association of Nova Scotia’s toxicity guide for everyday lotions, cleaners, and pet products is so nice to have on hand. Thanks, Nova Scotia! For up close and personal commerce, the friendly worker-owners at Rainbow Grocery can steer you toward natural household products. An there are a bajillion lovely shops like Marie Veronique Organics (1790 Fifth St., Berk.) that’ll sell you the good local stuff. Kill your junk mail with the support of the helpful folks at Bay Area Recycling Outreach Coalition.

SHOPPING
Go organic or go secondhand. For natural fiber or recycled fabric gear, the Bay’s got lots of flash spots like Ladita (827 Cortland, SF. 415-648-4397 www.shopladita.com) or Eco Citizen (1488 Vallejo, SF. 415-614-0100. www.ecocitizenonline.com). Little Otsu (849 Valencia, SF. 415-255-7900 www.littleotsu.com) is all you need for gift shopping, with unique posters, books, and various assorted preciousness. But for the broke environmentalists, wait for the $2 per item of clothing sales at Goodwill (Various locations, www.goodwill.com), Mission Thrift (2330 Mission, SF. 415-821-9560), or even one of the several consignment stores along Fillmore like Repeat Performance (2436 Fillmore, SF. 415-563-3123) or Seconds to Go (2252 Fillmore, SF. 415-563-7806) to feel good about confounding consumerism. The big fish in our green pond, however, remains the invaluable Green Zebra coupon book, with hundreds of deals on earth-lovin’ spas, goods, and adventures.

OUT ON THE TOWN
There are oodles of spots to help you make a night of it without playing our environment for a fool. Terroir (1116 Folsom, SF. (415) 558-9546, www.terroirsf.com) serves elegant, chemical-free wines that taste even better if the wine-bar’s adorably scruffy owners pour them. Thirsty Bear Brewpub (661 Howard, SF. (415) 974-0905. www.thirstybear.com) has a stellar system of low-waste operation and serves only organic brews through its taps. For the club kids, the eco spot de rigueur is Temple (540 Howard, SF. (415) 978-8853 www.templesf.com), where owner Paul Hemming’s Zen Compound concept is expanding to include a roof garden, global art gallery, and dance floor that harnesses the energy expended on beats.

ACTIVISM
Of course, you could always do something outside your day’s normal scope. Hit up the following organizations to make change in your little corner of the world: Roots of Change for food sustainability issues, Livable City for hopes of a future outside our cars, and Planning and Conservation League for work on issues like global warming and water usage.

Ghost, writers

Jesse Hawthorne Ficks
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0
Ghost, writers

arts@sfbg.com

FILM Conor McPherson’s The Eclipse is not to be confused with that imminent third Twilight movie of (almost) the same name. But it, too, is a supernatural romance of sorts. Michael Farr (Ciarán Hinds) is a widower with two kids. From the wife’s post-chemo look in family photos scattered around the house, we glean she died of cancer. He once had writerly ambitions but is now a woodworking teacher. Since school’s out, he’s jobbing as a driver for the annual literary festival in their seaside town of Cobh, a County Cork location not far from where Irish revolutionary hero Michael Collins was born and killed.

It’s a driver’s task in such circumstances to take the bad with the good, as far as chauffeuring around celebrity authors goes. The good being London guest Lena Morelle (Iben Hjejle), a modest, attractive, and gracious scribe of purportedly nonfiction ghost stories. The bad being best-selling American novelist Nicholas Holden (Aidan Quinn), who hits the ground whining — his ride’s slight delay has forced him to endure the hotel-bar enthusiasms of actual fans, a prime target for his all-embracing condescension — and whose subsequent emotional displays run the unctuous to the apoplectic.

Excepting, that is, when he’s attempting to charm Lena, with whom he had a recent one-night-stand at a similar event. Cornered over lunch, Lena keeps a polite arm’s length from his renewed ardor, reminding him “I thought we were going to behave like nothing ever happened.” He is, after all, married. Nicholas rather too readily pipes that he doesn’t love his wife, and, anyway, even if they’re still officially together (he fibbed about that previously), he “never felt more separated” from her than when experiencing brief, torrid, probably drunken passion with Lena.

This is none of Michael’s business, and Lena wishes it wasn’t hers, but circumstances keep driver and guests colliding. Michael tours Lena around to all the terribly quaint and picturesque local sights, bonding over shared experiences (notably, both are under the strong impression that they’ve seen ghosts) and mutual frisson. Rubbing each the wrong way, meanwhile, is every ensuing encounter with Nicholas, who starts showing up plastered at Lena’s accommodations to howl at the moon and/or picks fight with Michael, whom he sneeringly calls “that stalker” — the others being too polite to point out his obvious hypocrisy.

So far, so good: The Eclipse‘s bulk mixes deft satire of literary ego and salesmanship with middle-aged romance in a travelogue setting (beautifully photographed by Ivan McCullough), plus enough domestic nuance to remind that no family life is perfect when a spouse and parent has recently died. But McPherson, better known here for his widely produced plays (The Weir, Shining City, The Seafarer), is not one to leave reality well enough alone. Instead he (helped by the abrupt crescendos of alarm in Fionnuala Ni Chiosain’s score) jars us with elements of the macabre. Michael is burdened with an angry, ailing father-in-law (Jim Norton) he’s turned over to a rest home. Perhaps as punishment, he suffers visions of a ghastly specter that look a whole lot like a zombiefied Jim Norton. These are, hopefully, just nightmares. But what do they mean?

It’s to McPherson’s credit (coadapting a short story by fellow Irish playwright Billy Roche) that his elegantly controlled movie gets away with not quite providing an answer while juggling a lot of mismatched elements with deceptive ease. In a less quirky film, Hinds, atypically cast as the nice guy (he played an arrogant literary prick himself in 2008’s Margot at the Wedding), would have swapped roles with Quinn. The gambit benefits them both, especially Quinn, who is terrific as the kind of tantrum-prone pretentious blowhard who’ll never be a grownup, but is just talented enough to get away with it — commercially if not socially. The Eclipse barely seems to have gotten going before it’s over, and no movie post-1970 should be ever allowed to end on a freeze-frame. Still, these 88 minutes are like some heavy (green of course) liqueur; just a thimbleful leaves you agreeably off-center, flushed, and a little spooked.

THE ECLIPSE opens Fri/16 in San Francisco.

Finger waggle

Jesse Hawthorne Ficks
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2
Finger waggle

superego@sfbg.com

SUPER EGO What? WHAT?!? This is still happening? Oh Miss Dang, you did not just try to pull off that move where you put your clawy hag-hand on the small of my back and push me aside so you and your train of screaming amigas can press up on the DJ. I don’t care what kind of 2-for-1 ladies night you think this is, but your gimme-gimme is NOT the reason I paid zero dollars to sneak into this club. It is crowded in here and don’t even attempt that Most High Holy Discount-Salon-Streaked Jennifer Anniston Circa 2003 Princess of the VIP shit on me. You reek of Shalimar farts and Pink sweats, ugh.

Seriously, though, some people are getting pushy in the club lately. And, believe me, I’m not going to the wrong parties. In case anyone thinks I’m turning misogynist, I’ve been clotheslined and sidelined in the past three weeks by stomping drag kings, pubic-bearded rockists, and asexual dubstep fans. Look, the only reasons you should be tapping me on the shoulder are to a) hand me the non-well drink you bought me or b) test the structural integrity of my aerodynamically enhanced shoulder pads. It should not be so that you can use me like a sliding door. Duck under or sneak around, people. We’re all in this to make a vibe together. Can we get a little politesse? Merci.

 

EROL ALKAN

Good ol’ electro. It’s still going gonzo with those big time breakdowns and hair-metal stagedives, but slowly — slowly — it’s progressing into something more cerebral and, well, less 00. London vet Alkan pours on the buzzsawing Waters of Nazareth like no other, but he’s tweaking into the future with wide-ranging flair.

Wed/14, 10 p.m., $15. Vessel, 85 Campton Place, SF. www.vesselsf.com

 

MACHINE

A number of dynamic local classic disco and house addicts — Sergio, Conor, Andre Lucero — have teamed up for this hyper new weekly gig, hopefully roughing up gleaming cocktail palace Sloane enough to make it comfortably gritty. They promise to “shoot lasers through speakers.” That oughta do it.

Wed/14, 10 p.m., free. Sloane, 1525 Mission, SF. www.sloanesf.com

 

AMBROSIA AND THE BEARNSTEINS

“I could tell you what we’re gonna do, baby, but isn’t it always better to be surprised?” acid-tongued local dragger Ambrosia Salad rasped into my ear about her “Fat Fame Monster Tour” coming to Art Attack, Supperclub’s eye-popping monthly video-projection-meets-performance night. She’ll be “faux-show air-banding” with her furry backup brood, the Bearnsteins, to arena-dazzling hits. (“The knobs turn on the fake guitars and everything!” she squealed.) Er, “Fame Monster,” though? “No Lady Gaga!” Ms. Salad promises. “Just me being fat!” Faux show.

Thur/15, 10 p.m., $5. Supperclub, 657 Harrison, SF. www.supperclub.com

 

AVANT_MUTEK

The producers of Montreal’s sprawling, techno-intelligent annual Mutek festival are taking their tubes and wires on the road, bringing the heady, yet freakable, sounds of digital creators Afukan, Stephen Beaupré, and Sutekh to the absolutely bonkers visionary Gray Area space. Hear the future in a parallel universe. One called Canada. (Cubed Quebec?)

Fri/16, 10 p.m., $20. Gray Area, 55 Taylor, SF. www.gaffta.org

 

MAD PROFESSOR AND DJ VADIM

Wonderfully deep dub madness (that’s dub, minus the step, but plus the wobble) from the legendary Mad Professor should set it off for heads into quality nods. Trip-hop — yes, I said trip-hop, no shame! — trailblazer DJ Vadim comes from Russia with a sonic palette to rival some hypothetical Timbaland Monet. Dip the brush and swirl.

Fri/16, 10 p.m.-4 a.m., $15. Mighty, 119 Utah, SF. www.mighty119.com

 

TEKANDHAUS

Fresh local, um, tech and house upstarts Bells and Whistles (of the excellent DRESSCODE parties), Nightlight Music’s Travis Dalton, and Zenith bring some twilight hustle to Anu. This should be the kind of low and bristly affair, flavored with a moody dusting of machine soul, that leads you onto other avenues.

Fri/16, 10 p.m., free. Anu, 43 Sixth St., SF. www.anu-bar.com

RN74

Jesse Hawthorne Ficks
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0
RN74

paulr@sfbg.com

DINE As we wait for someone to open a restaurant called Highway 29 — the ultimate Napa Valley wine-country spot — we are comforted in the knowledge that we already have RN74. You are absolved for not knowing that RN74, the road, is the Highway 29 of Burgundy. It runs south from the provincial capital of Dijon to Beaune, in the heart of the Burgundian wine country.

I am not thrilled with the local trend toward naming restaurants after European highways — the names sound too much like car names — but there is no denying the force behind RN74. That force is Michael Mina, and if there is a more lustrous name in the recent annals of San Francisco restauranting, that name has escaped my notice. Mina was the man who, for a decade, guided the kitchen at Aqua (after an opening starburst of George Morrone); he then went on to open his (first) eponymous restaurant in the Westin St. Francis in the summer of 2004, with another following at the Bellagio in Las Vegas.

The themes here would seem to be luxe and empire, but in both of those senses, RN74 upsets expectations. It is beautiful and elegant inside but not overwrought, and it is (so far) one-of-a-kind. The main disappointment, for me, pertains to location; as at nearby Roy’s, the windows gaze out onto Mission Street and the romantic spell fades. Maybe that’s why such effort has been spent on the window treatments, with row after row of louvered screens lending a sense of warm summer evenings while subtly filtering out much of the actual view.

The other tremendous design element is the huge wine board hanging high above the east end of the dining room. It resembles the big boards you see in French railway stations, black with ever-changing white letters, like a huge mechanized chalkboard. In train stations, the board gives destinations and platforms; at RN74, the data involves last bottles of wine.

Given the immense scope of the wine list, the mechanized chalkboard must be close to indispensable. You could easily get lost in the printed version, which runs for many pages in small print and includes bottlings from France, Italy, Spain, California, and elsewhere, more than a few of them running into the hundreds of dollars. But the big board flashes deals — we snagged the last of an Italian gamay for $42 — while the prix-fixe option, three courses for $39, also includes a crack at the sommelier’s choice of red or white Burgundy for $30.

The food is exemplary: much less intricate and overbearing than at Michael Mina while losing little or nothing in inventiveness and polish. I was especially impressed by the smoked-sturgeon rillettes ($9), which incorporated a responsibly farmed fish into a classic French technique to produce a beguiling result — a kind of shmear to be spread on toast points. (The fish had been combined with crème fraïche for extra velvetiness.)

When your risotto wins the approval of someone who dislikes risotto, you must be making pretty good risotto. RN74’s leek version ($15) included plenty of Parmesan cheese, green peas, trumpet mushrooms, and watercress; it had the look and texture of corn snow, and the grains were perfectly cooked al dente, with just a hint of chalkiness. No mush. And when your grilled Monterey Bay sardines ($14) are gobbled up by someone who doesn’t like sardines … well, Q.E.D.

The main courses are marginally less compelling, mainly because they are star-driven and tend to rely on large masses of protein rather than artful interlacings of varied ingredients. Still, protein has its charms: halibut ($27) poached in olive oil to an almost confit-like denseness and plated with asparagus and snap peas; a pair of rounds of center-cut ribeye ($30), still gorgeously purple-pink in the middle and riding a coarse magic carpet woven from green garlic and trumpet mushrooms, while a ravioli filled with potato mousseline sat to one side like a cupcake; a filet of striped bass ($28), intoxicatingly scented with herbs and served with little pebbles of crisped chorizo.

Beignets seem to be well on their way to joining crème brûlée and molten chocolate cakes on just about every dessert menu around. At RN74, the beignets ($9) look like little throw pillows someone spilled sugar all over, and you dip them in a whiskey-caramel sauce with a little whipped cream. More interesting was a chocolate-praline bar ($9) — if your tailor made bespoke candy bars, they’d be something like this. You can get throw pillows anywhere.

RN74

Dinner: Sun.–Thurs., 5:30–10 p.m.; Fri.-Sat., 5:30-10:30 p.m.

Lunch: Mon.–Fri., 11:30 a.m.–2 p.m.

301 Mission, SF

(415) 543-7474

www.RN74.com

Full bar

AE/DS/MC/V

Bearable noise even when full

Wheelchair accessible

 

Tropic of dancer

Jesse Hawthorne Ficks
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0
Tropic of dancer

arts@sfbg.com

DANCE Judging from the packed salsa classes he’s been teaching at Dance Mission Theater for 12 years, Ramón Ramos Alayo is correct: the Bay Area is a hotbed for Cuban-Caribbean culture. But even he underestimated its pull. When I spoke to him on a recent balmy spring evening, he was expecting that night’s attendance to drop. “It’s light and warm, so people like to spend their free time outside,” he explained before heading for class. Wrong. If more aficionados had shown up, they would have had to move the furniture.

In addition to being a highly sought-after instructor — he also teaches modern dance at ODC — Ramos Alayo is a dancer, musician, choreographer, and the director of the annual CubaCaribe Festival (this year’s installment takes place at Dance Mission Theater April 16-May 2). Multitasking may be in his blood, but it’s also something he was trained for.

At the Havana National School of Art, where Ramos Alayo enrolled at age 11, every student had to study ballet, folklórico, and modern dance. “If you didn’t pass the grade in each genre on every level, you were out,” he remembered. After getting his master’s, he had the choice of joining either a modern or traditional company: he went with two modern groups. But when he founded his own Alayo Dance Company in San Francisco in 2002, he made its mission inclusive, fusing Afro-Cuban, modern, traditional folkloric, and popular Cuban dance styles. Although for some fusion suggests loss of identity, to Ramos Alayo it indicates creating something new from what exists.

As a choreographer and performer, Ramos Alayo is as at home in dances based on the Yoruban Orisha myths performed at the Ethnic Dance Festival as he is in original works inspired by political history and personal experience. His 10 dancers have to be able to do it all. Blood + Sugar is a raw dancer theater work about slavery; La Madre takes an intimate look at family. One of his earliest pieces, Wrong Way, is an athletic yet poignant duet for two men. He doesn’t recall the details of the recent Grace Notes, a free-flowing improvisation with bass player Jeff Chambers, but he does remember how good it felt to be performing it. “We had never rehearsed. We just looked at the score, and I had some spatial cues.”

Ramos Alayo’s wide-open approach to what it means to be contemporary artist living in the diaspora also shapes his curating of CubaCaribe, now in its sixth year. Under the overall banner of “From Katrina to Port-au-Prince,” this year’s festival honors the survivors of recent catastrophes. The first weekend will present Haitian and Haitian-rooted ensembles. New York’s Adia Whitaker is a modern, Haitian trained dancer-choreograher; Afoutayi recently relocated from Haiti to San Francisco; and Kumbuka is a New Orleans-based Haitian-Carnival ensemble. Afoutayi and Kumbuka make their San Francisco debuts.

The second weekend traditionally showcases local artists. Liberation Dance Theater’s current work is based on modern dance and reggaeton — a mix of Caribbean-based music styles. Alfafia is a collectively-run Haitian group from San Francisco City College. In the past, Paco Gomes has elegantly fused Afro-Brazilian with modern dance.

On first glance, Los Lupenos de San Jose, a group known for its rendition of regional Mexican dances, is not a natural for CubaCaribe. What got them an invitation was Salón Mexico, Susan Cashion’s choreography of social dances like el danzón and the mambo. They originated in Cuba but started their worldwide journey by way of Mexico.

Ramos Alayo’s new hour-long Migrations was inspired by New York subway performers. Joining his own ten dancers for the third weekend will be a hip-hop artist, a tap dancer, and a steel-drum musician.

CUBACARIBE FESTIVAL OF DANCE AND MUSIC

Through May 2, Fri–Sat, 8 p.m.;

Sun, 7 p.m.; April 25, 3 p.m., $12–$22

Dance Mission Theater

3316 24th St., SF

www.cubacaribe.org

Drowned out

Jesse Hawthorne Ficks
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0
Drowned out

rebeccab@sfbg.com

GREEN ISSUE The tiny, rigid-hull inflatable boats that researchers at Scripps Institution of Oceanography use for whale tagging are a mere fraction of the size of the blue whales they are deployed to search for. But Scripps PhD candidate Megan McKenna says there’s no reason to worry about the mammoth creatures — which can weigh as many tons as 27 elephants put together — bumping up against the boat when she reaches overboard with a pole to tag them.

“They’re just pretty mellow, I guess,” McKenna says. “There’s no flailing or anything. Some barely even notice that we’re there.” For two summers, she’s ventured out in pursuit of the endangered whales, popping short-term monitoring tags on them to learn how they behave when massive cargo shipping vessels motor past.

It’s an important question for a couple of reasons. Government funding was provided for the Scripps study after two blue whales were struck and killed by commercial shipping vessels in 2007, tragedies magnified by the fact that the marine mammals are still struggling for survival. If even two die in such collisions every few years, the entire species could be imperiled, McKenna says.

At the same time, a less-understood phenomenon has marine scientists worried that the deep-blue giants’ survival is being undermined by a subtler problem, that Jackie Dragon of San Francisco-based Pacific Environment likens to “death by a thousand cuts.” Noise generated by whirring ship propellers registers at the same frequency as the low tones whales use to communicate and forage for food, and researchers are concerned that the constant interruption is affecting their ability to engage in basic survival behavior.

Put together with an array of concerns including chemical pollution, marine debris, over-fishing, and ocean acidification, noise pollution is just coming onto the sonar of local marine sanctuary councils and federal environmental agencies, and proposed solutions are only in the fledgling stages.

Pacific Environment is one of several environmental organizations advocating for shipping vessels to travel at slower speeds, a quieter practice that also reduces the chances of hitting a whale. Despite growing evidence that noise pollution and ship strikes pose big problems for the planet’s largest mammals, it’s likely to be an uphill battle in an growing global industry where time is money, and on-time delivery is paramount.

Endangered whales favor the Gulf of the Farallones and Cordell Bank sanctuaries, not far from San Francisco, so Pacific Environment has chartered a catamaran to take ecologically-minded whale watchers out to what Dragon dubs the “Yosemites of the sea.” Using hydrophones, they capture the deep, rumbling whale calls. They also pick up noise generated by commercial ships, whose designated lanes cut directly through the protected areas.

Under just the right ocean conditions, the low, eerie mating call of a male blue whale off the coast of California can be heard by a female off the coast of Hawaii. “That just has to do with the physics of sound in the ocean,” McKenna explains. “They’re vocal animals. You can think of sound in the ocean as our vision. Sound travels so much better in water than light does, so it’s really an acoustic environment that they’re living in.”

McKenna is working with whale researchers John Calambokidis of the Cascadia Research Collective and John Hildebrand of Scripps Institution. While they’ve observed that some whales linger at the surface longer than usual after a ship has passed, leaving them vulnerable to a strike, there are no conclusive results as of yet.

To explain the noise impacts, Dragon uses an analogy of trying to communicate in a crowded bar where it’s difficult to hear. “In the ocean, sound is king,” she says. “This chronic, noisy, foggy environment … has a masking effect. It might mean whales will not be able to navigate correctly, or may not be able to communicate with mates or offspring.”

The Gulf of the Farallones National Marine Sanctuary supports a rare concentration of blue whales, partly because the water is rich in nutrients, biodiversity, and tiny, shrimp-like creatures called krill. Blue whales and endangered humpbacks forage there from April through November, the colossal blues consuming an astounding 4 tons of krill each day.

At an April 8 joint meeting between the Gulf of the Farallones and Cordell Bank marine sanctuary advisory councils, the groups discussed creating a working group — bringing together stakeholders from the U.S. Coast Guard, shipping industries, and others — to establish a set of recommendations for how to regulate noise pollution in the sanctuaries.

“The purpose is to better understand the issue from the standpoint of the sanctuary,” explains Lance Morgan, who chairs the Cordell Bank council. “Ideally, we’d produce a report that says, here’s what we think the issues are.”

Yet Morgan acknowledges that it won’t be easy to get the federal government to impose new sanctuary regulations since there are still so many outstanding questions. “We’re learning a lot about the acoustic environment,” he says. One concern is whether whales are actually able to perceive the sound of the giant shipping vessels, he notes, since the environment has become so noisy. If they can’t hear the ships, they’re at a much higher risk of collision. “We certainly know we can drown out whale calls in certain situations,” he says, “but what does that mean in the long term?”

There are around 14,000 blue whales left across the entire watery globe, according to the most optimistic estimates, just a sliver of the estimated 300,000 that lived before they were nearly harpooned to extinction during a ruthless whaling era. Scientists are encouraged that their numbers have climbed since the mid-1960s when they were listed as endangered.

Yet even with this mild success story as a backdrop, there is growing concern about potential long-term effects of underwater industrial noise. Navy sonar, military air guns, and blasts from seismic surveys all contribute to the problem at varying frequencies. The collective din of ocean noise has doubled every decade since the 1950s, and the shipping business is only expected to grow.

Maersk, the world’s largest shipping company, runs weekly container ships from Hong Kong to ports in Oakland and Long Beach, a journey lasting more than two weeks. Getting the goods there on time is “the most important thing to our customers,” says Lee Kindberg, the company’s environment director.

The container ships arrive crammed full of everything from electronics — which require special climate-controlled containers — to clothing, bath products, household items, and pharmaceuticals. Perishable items are transported in refrigerators, consuming a third more energy and powered by auxiliary engines. Up to 8,000 containers can be packed onto a single ship, and the average vessel size has expanded around 20 percent in the past five years. More than 90 percent of the world’s traded goods are transported by water, with shipments on container vessels increasingly rapidly.

If ever there was an icon for globalization, and all that the buy-local and sustainability movements rail against, it would be a diesel-powered container ship transporting heavily packaged stuff halfway across the globe.

“Clearly it’s not a good thing if we hit a whale,” Kindberg says. Undersea noise pollution “is certainly an issue that we’ve been made aware of. But there doesn’t seem to be any real clarity as to what the impacts are,” she notes. Maersk would support certain speed reductions to protect the whales, Kindberg says, but “if you slow down in one place, you need to speed up someplace else, and that can take more fuel.”

Regulations in certain waters off the eastern seaboard already require ships to move at slower speeds to minimize harm, and Kindberg says Maersk has voluntarily opted to operate at slower speeds to reduce greenhouse gas emissions (it saves on fuel costs too). But when going along at 10 knots (around 11 m.p.h.), the speed environmental organizations say is safest for marine mammals, it’s harder to maneuver the ship, Kindberg says. Sailing around the marine sanctuaries is not an option in California, she adds, since ships have to pass through them to get to the ports.

Other efforts to solve the shipping-noise problem focus on ship design. “We’re building larger and larger ships, and they’re getting noisier and noisier,” says marine ecologist Leila Hatch of the National Oceanic and Atmospheric Administration (NOAA), who studies the effects of underwater sound on marine mammals.

The International Maritime Organization accepted a plan in 2008 to form a working group and to pin down guidelines for making commercial ships quieter, according to Hatch. Although the guidelines aren’t enforceable and are unlikely to be implemented any time soon, she sees it as an opportunity for a win-win scenario. If new ships featured a design with more efficient propulsion, they could be quieter, cheaper to operate, and more energy-efficient — which would also improve the air-quality problems associated with giant commercial ships.

The California Air Resources Board, meanwhile, initiated an effort last year for a program to get commercial vessels to slow down near the coastline, a bid to reduce emissions of smog-causing chemicals and the greenhouse gas carbon dioxide. Not much is happening on that front to date, but such a program could have the positive side effect of quieting underwater noise.

Hatch has been trying to quantify the decline in hearing ranges for marine mammals as the seas grow increasingly crowded with larger, noisier ships. “Much of the space they used to have is taken up by shipping noise. What is that likely to mean in terms of their ability to communicate effectively and find food?” she asks.

To find answers, she’s engaged in a research project at the Stellwagen Bank National Marine Sanctuary off the coast of Massachusetts that blends GPS ship-tracking data with profiles from sound-monitoring devices planted on the sea floor. Results suggest that whales’ communication ranges have diminished by 80 percent in some places.

There are few easy answers, however, since scientists are still trying to piece it all together. One certainty is that “we’re changing the environment they’re trying to live in,” notes McKenna, who says she now finds herself wondering if she’ll end up purchasing something that’s packed onto a massive containership when she spies one out on the horizon. “To what degree is it impacting them?”

She can’t say exactly, and that’s part of the problem, because the global shipping industry wants to see some concrete facts before the battleship can be turned. In the meantime, Kindberg says the captains helming Maersk line are just trying to avoid hitting the whales.

An inconvenient war

Jesse Hawthorne Ficks
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4
An inconvenient war

By Christopher D. Cook

news@sfbg.com

For two weeks, in the marble-walled modernist grandeur of the Ninth Circuit U.S. District court in San Francisco, I watched nearly a dozen well-dressed lawyers for the Service Employees International Union — long my favorite union and one I’ve written about and marched with over the years — sue the bejeezus out of two-dozen former SEIU comrades-in-arms, some of labor’s most committed soldiers.

Judge William Alsup’s courtroom was packed and tense every day for two weeks, patrolled watchfully by U.S. marshals as former coworkers shot glares across the aisle and rushed by each other in the hallway outside. “This is like a bad family reunion,” one told me. Indeed, there’s a painful, often quite personal fight inside the family of labor — a fight one can only hope will lead to strong, deep democratic unionism down the road.

In the latest chapter of a saga that’s simmered to a boil over four years, SEIU sued 24 former staffers of its powerful 150,000-member Bay Area local, United Healthcare Workers West (UHW), alleging they used the union’s money and resources to create a rival organization. Since SEIU took over the old local in a bitter trusteeship fight in January 2009, the National Union of Healthcare Workers (NUHW), led by former UHW president Sal Rosselli, has been organizing workers in droves, challenging SEIU’s hold on health care workers in California.

In the end, following grueling testimonies and cross-examinations, it came to this: on April 9, the jury hit NUHW and 16 of its leaders with a $1.5 million penalty (which might be reduced to $737,850 depending on Alsup’s interpretation of the jury’s intent). It’s a lot of money, but far less than SEIU’s original claim seeking $25 million, and the appeals are likely to drag on into next year.

After dozens of interviews and whispered conversations in the hallways outside Alsup’s courtroom, I was left wondering: how could this be happening? At a time of historic lows in union membership (7.2 percent in the private sector last year) and a recession that may never end for workers, how could SEIU, once the darling of the progressive labor movement, be embroiled in a brutal war with one of its flagship former locals? How could these two unions be tearing each other apart, exchanging ugly accusations that threaten to further tarnish labor’s tenuous reputation? All at a time when California unemployment sits stubbornly at 12.5 percent and more than 90 percent of workers remain unorganized. Hospital executives who are accustomed to tangling with a unified labor front must be thanking their lucky stars.

But this isn’t some union corruption story or simply a scuffle for personal power. Beyond the name-calling lie crucial questions about how unions function, about whose voices are heard both in union offices and on the shop floor. How much voice will workers have in union decisions, not just about break rooms and arguments with the boss, but in the shape and direction of the labor movement?

Ultimately this fight won’t be decided by any jury or judge: despite the verdict, NUHW and its volunteer organizers are pressing on with SEIU for the right to represent California’s health care workers, 400,000 of whom currently pay dues to SEIU. Over the past year, more than 80,000 of those dues-payers have signed petitions to join NUHW, which has won seven of nine elections of health care workers called so far. With more big elections coming soon, most notably among 47,000 Kaiser Permanente workers this June, the stakes are only getting higher.

In a nutshell, the two sides argue thus: SEIU contends that Rosselli and company flouted the will of President Andy Stern, and ultimately its members, by refusing to abide by Stern’s decisions on a union consolidation. That led to a trusteeship of Rosselli’s local, with its leaders allegedly using SEIU resources to form their own union. Rosselli and NUHW insist they were boxed into an untenable corner by Stern’s centralization of power in Washington, D.C., at the expense of locals and workers and that they tried many times to resolve disputes internally, and only broke away to form a new union after they were forced out by Stern.

To convince a jury of its claims, SEIU amassed a formidable legal team drawing from four firms at a cost of roughly $5 million, according to SEIU spokesman Steve Trossman. (An expert witness hired by SEIU testified the union paid him roughly $300,000 just to prepare testimony for the case; defendants say the trial cost SEIU closer to $10 million.) Whatever the number, it’s an awful lot of time and money that could be spent organizing new workers and winning strong contracts instead.

Asked if he thinks the trial is worth the expense, Trossman said, “I think members of the union, when this is over, are going to get the truth of what happened — that they directly used union resources … to hold onto personal power.”

Dan Siegel, NUHW’s chief attorney, casts it differently: “This case is about punishing the defendants and sending a message” to other union dissidents across the country.

 

A LONG-TERM BATTLE

The rift that ended up in federal court has its roots in a 2006 move by Stern to consolidate California’s long-term health care workers, such as home care and nursing home employees, into a single statewide local — a move that would peel away 65,000 long-term care workers from Rosselli’s union.

The most likely beneficiary of the consolidation was the Los Angeles-based Long-Term Care Workers Union, local 6434, headed by Tyrone Freeman, who had been fending off corruption charges (allegedly stealing more than $1 million in union funds for personal gain) since 2002, according to the Los Angeles Times.

“Nowhere else but in California did SEIU attempt splitting long-term care and acute care workers into different unions,” said John Marshall, an SEIU strategic researcher who resigned in protest of UHW’s trusteeship, but who remains active in the labor movement. “But it’s worse than that — here SEIU proposed forcing long-term care workers into a local that was widely known to be corrupt, that had contracts with substandard wages and benefits. And on top of it all Stern and SEIU refused to allow those workers to vote on whether or not the transfer should occur.”

When Freeman’s alleged corruption became front-page news in the Times in 2008, and even after SEIU put the L.A. local in trusteeship later that year, Stern continued to push the consolidation. Rosselli resisted, arguing the shift would weaken workers’ voice and standards; wages for workers in Local 6434 were often far lower than those for their counterparts up north, and the mounting corruption charges didn’t bode well for union bargaining power or democracy.

SEIU’s Trossman insists union leaders were not aware of the Freeman allegations until they appeared in the L.A. Times, though one of those stories quotes an unnamed inside source saying Trossman knew of the charges as early as 2002. But Trossman said the issue was not Freeman. “The proposal was to create a new long-term care local in California, and by the time that decision was made in January 2009, Tyrone Freeman was already long out of the picture,” he told us, insisting the long-term care decision was made after hearings and an “advisory member vote.”

Yet 15 months after the takeover of UHW, the consolidation of long-term care workers remains on hold.

Friction between Stern and Rosselli — over the merger, leadership, and labor movement strategy — heated up throughout 2007 and 2008; Rosselli was unanimously booted off of Stern’s “kitchen cabinet” of labor leaders, and removed from his post as president of SEIU’s California State Council.

Then on Jan. 22, 2009, an SEIU-commissioned report by former Labor Secretary Ray Marshall recommended trusteeship — if Rosselli’s union didn’t abide by the transfer of its long-term care workers. A few days later Rosselli and the UHW executive board sent Stern a letter saying they would abide by the merger — if the UHW rank and file could vote on it first. No deal: on Jan. 27, UHW was put into trusteeship: its buildings were locked up, security guards patrolled the perimeters, and many of the deposed union staff camped out on the floors of their old offices.

On the afternoon of the 27th, Rosselli, who had been reelected UHW president earlier that month, spoke to cheering supporters: “[It’s] your right to determine what union you want to be in!”

NUHW members insist it’s never been about Rosselli or the other defendants. “We are not just a bunch of lemmings — we do what we believe,” said Tonya Britton, a Fremont convalescent home worker. “They couldn’t make it this far if there weren’t all of us members … When I heard about the trusteeship, I wanted a union that was for members, not top-down. We were making gains. Now it seems we’re doing nothing but fighting.”

 

Christopher D. Cook is a former Bay Guardian city editor. He has written on labor for Mother Jones, Harper’s, The Economist and others. This story was funded in part by spot.us.

In the company of bees

Jesse Hawthorne Ficks
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0
In the company of bees

Sarah@sfbg.com

GREEN ISSUE On a rainy afternoon in April, I’m standing on an abandoned military base on Alameda Island counting bees on a wild rosemary bush. In the three minutes I’ve been standing here, I’ve spotted five large, furry bumblebees, flitting from flower to flower, performing the function that keeps the whole ecosystem buzzing.

But the honeybees I often see here are absent. I’m not surprised. As I learned from Bernd Heinrich’s Bumblebee Economics (Harvard University Press, 1979) bumblebees are tundra-adapted insects that are better able to forage at low temperatures than sun-loving Italian honeybees.

I’ve been obsessed with bees for years. My sister says it began when I got stung on the bum as a toddler. My daughter says it started the day we rescued a swarm of half-drowned honeybees that had gotten stranded in high winds on a beach in Santa Cruz. All I know is that my bee obsession really bloomed when we lived on a lavender farm on the north coast of California and I found bumblebees asleep on the lavender, at night.

A beekeeper on the farm explained that, unlike honeybees, bumblebees don’t form permanent colonies. Instead, they nest in empty mouse holes and form small social groups that die out each fall. The bees sleeping on the flowers were probably male, he added; they tend to be lazier, while the females do most of the work.

He told me that only the young pregnant bumblebee queens hibernate in the fall, emerging alone the next spring to start new colonies. There are more than 4,000 species of native bees in North America. Some are the size of ants; others are territorial and drive other bees off the flowers they guard. Most are solitary, nonaggressive loners, and some aren’t that busy at all.

Curious, I bought a book about beekeeping from a clerk who told me his father once kept bees in Oakland. “Urban honey is the best,” he said, explaining that urban gardens often contain unusual and diverse collections of plants. “City bees have far more exotic choices of nectar.”

Fast-forward to the present and it seems that the general public also has taken a much more active interest in bees, particularly since 2006 when colony collapse disorder decimated honeybee populations, triggering warnings of a coming agricultural crisis and potential devastation to the ecosystem.

Scientists estimate that bees pollinate nearly three-fourths of the world’s flowering plants. These plants provide food and shelter for many species of animals. A 2008 survey by the U.S. Department of Agriculture shows that 36 percent of the 2.4 million hives in the U.S. have been lost to colony collapse disorder, which translates into billions of honeybees.

Some species of bumblebees also are vanishing. Robbin Thorp, professor emeritus of entomology at UC Davis, blames their disappearance on commercially reared bumblebees that are imported to pollinate hothouse tomatoes and then escape into the wild, where they leave pathogens on flowers (see “Buzz Kill,” 01/27/10).

But amid such big news, I’m still keeping a diary of notes on bees and focusing on my own backyard on Alameda Island, wondering how I can attract more bees. Xerces Society for Invertebrate Conservation heeded Thorp’s thesis and petitioned to stop the cross-country movement of bumblebees, but the Portland, Ore.,-based group has also produced handy pocket guides to help people like me identify bumblebees in the field.

So far I haven’t spotted the missing Western bumblebee, Bombus occidentalis. But I did see a bumblebee queen spiraling through a Potrero Hill garden on a mild day in early January. Reached by phone, Heinrich, professor emeritus of the biology department of the University of Vermont, told me that the queen would retreat into her underground hole when the weather got cold and wet again, which it soon did.

When he was writing Bumblebee Economics, which explores biological energy costs and payoffs using bumblebees as the model, Heinrich studied Bombus terricola, the yellow-banded bumble bee that was plentiful around Maine bogs in the 1970s.

“I could see dozens all at once. But since then, for years I didn’t see any at all, and since then I’ve only seen a few,” Heinrich said “Nobody figured out what happened.”

Gordon Frankie, professor and research entomologist at UC Berkeley, told me he’s happy to see the increased interest in urban bees. “People have begun to recognize that bees have a major role to play in agriculture,” Frankie said, as he and Rollin Coville, who has a doctorate in entomology from UC Berkeley and a passion for photographing insects, showed me around the experimental urban bee garden they created in 2003 at the edge of a field in downtown Berkeley.

“Bees love blues, purples, pinks, and yellows,” Frankie said, explaining that bees can see ultraviolet hues but not red flowers as we observe bees busily foraging on a blue lilac bush.

He also said bees love hanging out in open meadows where the sun shines and where they can see the flowers. “In the forest is no damn good if you’re a bee,” he said.

In July 2009, Frankie, Coville, and Thorp published an article in California Agriculture that outlined the results of bee surveys in gardens in Berkeley, La Canada Flintridge, Sacramento, San Luis Obispo, Santa Barbara, Santa Cruz, and Ukiah.

“Evidence is mounting that pollinators of crop and wild land plants are declining worldwide,” they wrote. “Results indicate that many types of residential gardens provide floral and nesting resources for the reproduction and survival of bees, especially a diversity of native bees. Habitat gardening for bees — using targeted ornamental plants — can predictably increase bee diversity and abundance and provide clear pollinator benefits.”

Frankie and Coville also helped produce a 2010 native bee calendar that features Coville’s photographs of bumble, squash, mason, carpenter, leafcutter, mining, wool carder, cuckoo, and ultragreen sweat bees, plus tips on how to attract these pin-ups by planting a variety of bee-friendly plants, avoiding pesticides, and refraining from over-mulching.

Researchers have observed almost 50 species of native bees at UC Berkeley’s bee garden, out of 85 species recorded citywide. UC Berkeley’s urban bee gardens’ Web site, (www.nature.Berkeley.edu/urbanbeegardens) notes that bees have preferences for gardens as well as flowers.

“Gardens with 10 or more species of attractive plants attracted the largest number of bees,” the Web site states, cautioning people against hanging around plants too long. “If an observer spends too long in one place hovering over the same patch of flowers, the bees will gradually begin to move on to other flowers where they won’t be bothered. To facilitate counts, it is sometimes a good idea to create little paths through the garden so that all patches are accessible to the observer.”

Here in California, high real estate prices have led to the increased paving over of bee habitat. And bees have come under additional stress in the wake of a 2006 E. coli outbreak that sickened more than 200 individuals and resulted in at least three deaths on the Central Coast. Growers have since been pressured to eliminate hedgerows, wetlands, habitat, and wildlife around farms.

But as a February 2010 Nature Conservancy report on food safety and ecological health notes, “certain on-farm food safety requirements may do little to protect human health and might in fact damage the natural resources on which agriculture and all life depend.”

These concerns have a direct, if hidden, impact on Bay Area residents, whose food supply comes almost exclusively from outside urban limits. Take San Francisco, where crop production consists of $1 million worth of orchids, flower cuttings, and sprouts on two acres of land, according to a 2008 Department of Public Health report.

Missing from that equation is the honey that local bees produced. As San Francisco beekeeper Robert MacKimmie recently noted, mites hit his hives hard in 2009. “And the summer and fall were pretty brutal since we were in the third year of drought,” MacKimmie said.

He hopes El Nino-related rains will be good for this year’s bees: more water means more flowers for bees, which rely on nectar and pollen to sustain themselves and their developing brood.

MacKimmie doesn’t have a garden and uses other people’s yards to keep his bees. “The honey serves as rent,” he said, noting that he only places two hives in each yard to disperse the bees in more equitably and sustainably. He points to the work of Gretchen LeBuhn, a San Francisco State University professor who started the Great Sunflower Project in 2008, as a fairly easy way to gather information about bee populations.

Reached by e-mail, LeBuhn said her project has more than 80,000 people signed up to plant sunflowers this year. “Participants create habitat by planting sunflowers and then contribute data to our project by taking 15 minutes to count the number of bees visiting their sunflower,” she wrote.

“The Great Sunflower Project empowers people from preschoolers to scientists to do something about this global crisis by identifying at risk pollinator communities,” LeBuhn said. “By volunteering to collect data as a group, these citizen scientists provided huge leverage on a minimal investment in science and created the first detailed international survey of pollinator health and its implications for food production.

“Getting this kind of critical scientific data at thousands of locations using traditional scientific methods would cost so much money that it is untenable,” she added.

LeBuhn encourages people to submit their bee count data at www.greatsunflower.org, which recommends growing bee balm, cosmos, rosemary, tickseed, purple coneflowers, and sunflowers. Unfortunately her data shows that “at least 20 percent of the gardens are getting very poor pollinator service.”

The public is encouraged to visit the UC Berkeley bee garden in May when public tours begin. But you might want to brush up on your Latin, the language experts speak when they hang out with the bees.

Coville saw a mason bee land on a lavender-flowered sage and said, “I think I just saw an Osmia on a Salvia mellifera!”

Frankie smiled at me and said, “It’s bee talk.”

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