SFPD

The underground campaign

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Click here for the Guardian 2007 Election Center: interviews, profiles, commentary, and more

› news@sfbg.com

Elections usually create an important public discussion on the direction of the city. Unfortunately, that debate isn’t really happening this year, largely because of the essentially uncontested races for sheriff and district attorney and the perception that Mayor Gavin Newsom is certain to be reelected, which has led him to ignore his opponents and the mainstream media to give scant coverage to the mayoral race and the issues being raised.

To the casual observer, it might seem as if everyone is content with the status quo.

But the situation looks quite different from the conference room here at the Guardian, where this season’s endorsement interviews with candidates, elected officials, and other political leaders have revealed a deeply divided city and real frustration with its leadership and direction.

In fact, we were struck by the fact that nobody we talked to had much of anything positive to say about Newsom. Granted, most of the interviews were with his challengers — but we’ve also talked to Sheriff Mike Hennessey and District Attorney Kamala Harris, both of whom have endorsed the mayor, and to supporters and opponents of various ballot measures. And from across the board, we got the sense that Newsom’s popularity in the polls isn’t reflected in the people who work with him on a regular basis.

Newsom will be in to talk to us Oct. 1, and we’ll be running his interview on the Web and allowing him ample opportunity to present his views and his responses.

Readers can listen to the interviews online at www.sfbg.com and check out our endorsements and explanations in next week’s issue. In the meantime, we offer this look at some of the interesting themes, revelations, and ideas that are emerging from the hours and hours of discussions, because some are quite noteworthy.

Like the fact that mayoral candidates Quintin Mecke and Harold Hoogasian — respectively the most progressive and the most conservative candidate in the race — largely agree on what’s wrong with the Newsom administration, as well as many solutions to the city’s most vexing problems. Does that signal the possibility of new political alliances forming in San Francisco, or at least new opportunities for a wider and more inclusive debate?

Might Lonnie Holmes and Ahimsa Porter Sumchai — two African American candidates with impressive credentials and deep ties to the community — have something to offer a city struggling with high crime rates, lingering racism, environmental and social injustice, and a culture of economic hopelessness? And if we’re a city open to new ideas, how about considering Josh Wolf’s intriguing plan for improving civic engagement, Grasshopper Alec Kaplan’s "green for peace" initiative, or Chicken John Rinaldi’s call to recognize and encourage San Francisco as a city of art and innovation?

There’s a lot going on in the political world that isn’t making the front page of the San Francisco Chronicle. The interviews we’ve been conducting point to a street-level democracy San Francisco–style in all its messy and wonderful glory. And they paint a picture of possibilities that lie beyond the news releases.

THE RIGHT AND THE LEFT


As the owner of Hoogasian Flowers on Seventh Street and a vocal representative of the small-business community, mayoral candidate Hoogasian describes himself as a "sensitive Republican," "a law-and-order guy" who would embrace "zero-based budgeting" if elected. "The best kind of government is the least kind of government," Hoogasian told us.

Those are hardly your typical progressive sentiments.

Yet Hoogasian has also embraced the Guardian‘s call for limiting new construction of market-rate housing until the city develops a plan to encourage the building of more housing affordable to poor and working-class San Franciscans. He supports public power, greater transparency in government, a moratorium on the privatization of government services, and a more muscular environmentalism. And he thinks the mayor is out of touch.

"I’m a native of San Francisco, and I’m pissed off," said Hoogasian, whose father ran for mayor 40 years ago with a similar platform against Joe Alioto. "Newsom is an empty suit. When was the last time the mayor stood before a pool of reporters and held a press conference?"

Mecke, program director of the Safety Network, a citywide public safety program promoting community-driven responses to crime and violence, is equally acerbic when it comes to Newsom’s news-release style of governance.

"It’s great that he wants to focus on the rock star elements, but we have to demand public accountability," said Mecke, who as a member of the Shelter Monitoring Committee helps inspect the city’s homeless shelters to ensure that people are treated with dignity and respect. "Even Willie Brown had some modicum of engagement."

Mecke advocates for progressive solutions to the crime problem. "We need to get the police to change," he said. "At the moment we have 10 fiefdoms, and the often-touted idea of community policing doesn’t exist."

Hoogasian said he jumped into the mayor’s race after "this bozo took away 400 garbage cans and called it an antilitter program." Mecke leaped into the race the day after progressive heavyweight Sup. Chris Daly announced he wasn’t running, and he won the supervisor’s endorsement. Both Hoogasian and Mecke express disgust at Newsom’s ignoring the wishes of San Franciscans, who voted last fall in favor of the mayor attending Board of Supervisors meetings to have monthly policy discussions.

"Why is wi-fi on the ballot [Proposition J] if the mayor didn’t respect that process last year?" Mecke asked.

Hoogasian characterized Newsom’s ill-fated Google-EarthLink deal as "a pie-in-the-sky idea suited to getting young people thinking he’s the guns" while only giving access to "people sitting on the corner of Chestnut with laptops, drinking lattes."

In light of San Francisco’s housing crisis, Hoogasian said he favors a moratorium on market-rate housing until 25,000 affordable units are built, and Mecke supports placing a large affordable-housing bond on next year’s ballot, noting, "We haven’t had one in 10 years."

Hoogasian sees Newsom’s recent demand that all department heads give him their resignations as further proof that the mayor is "chickenshit." Mecke found it "embarrassing" that Sup. Ross Mirkarimi had to legislate police foot patrols twice in 2006, overcoming Newsom vetoes.

"San Francisco should give me a chance to make this city what it deserves to be, " Hoogasian said.

Mecke said, "I’m here to take a risk, take a chance, regardless of what I think the odds are."

ENDING THE VIOLENCE


Holmes and Sumchai have made the murder rate and the city’s treatment of African Americans the centerpieces of their campaigns. Both support increased foot patrols and more community policing, and they agree that the root of the problem is the need for more attention and resources.

"The plan is early intervention," Holmes said, likening violence prevention to health care. "We need to start looking at preventative measures."

In addition to mentoring, after-school programs, and education, Holmes specifically advocates comprehensive community resource centers — a kind of one-stop shopping for citizens in need of social services — "so individuals do not have to travel that far outside their neighborhoods. If we start putting city services out into the communities, then not only are we looking at a cost savings to city government, but we’re also looking at a reduction in crime."

Sumchai, a physician, has studied the cycles of violence that occur as victims become perpetrators and thinks more medical approaches should be applied to social problems. "I would like to see the medical community address violence as a public health problem," she said.

Holmes said he thinks the people who work on violence prevention need to be homegrown. "We also need to talk about bringing individuals to the table who understand what’s really going on in the streets," he said. "The answer is not bringing in some professional or some doctor from Boston or New York because they had some elements of success there.

"When you take a plant that’s not native to the soil and try to plant it, it dies…. If there’s no way for those program elements or various modalities within those programs to take root somewhere, it’s going to fail, and that’s what we’ve seen in the Newsom administration."

Holmes spoke highly of former mayor Art Agnos’s deployment of community workers to walk the streets and mitigate violence by talking to kids and brokering gang truces.

The fate of the southeast sector of the city concerns both locals. Sumchai grew up in Sunnydale, and Holmes lived in the Western Addition and now lives in Bernal Heights. Neither is pleased with the city’s redevelopment plan for the Hunters Point Shipyard. "I have never felt that residential development at the shipyard would be safe," said Sumchai, who favors leaving the most toxic sites as much-needed open space.

Despite some relatively progressive ideas — Holmes suggested a luxury tax to finance housing and services for homeless individuals, and Sumchai would like to see San Francisco tax fatty foods to pay for public health programs — both were somewhat averse to aligning too closely with progressives.

Sumchai doesn’t like the current makeup of the Board of Supervisors, and Holmes favors cutting management in government and turning services over to community-based organizations.

But both made it clear that Newsom isn’t doing much for the African American community.

ORIGINAL IDEAS


The mayor’s race does have several colorful characters, from the oft-arrested Kaplan to nudist activist George Davis to ever-acerbic columnist and gadfly H. Brown. Yet two of the more unconventional candidates are also offering some of the more original and thought-provoking platforms in the race.

Activist-blogger Wolf made a name for himself by refusing to turn over to a federal grand jury his video footage from an anarchist rally at which a police officer was injured, defying a judge’s order and serving 226 days in federal prison, the longest term ever for someone asserting well-established First Amendment rights.

The Guardian and others have criticized the San Francisco Police Department’s conduct in the case and Newsom’s lack of support. But Wolf isn’t running on a police-reform platform so much as a call for "a new democracy plan" based loosely on the Community Congress models of the 1970s, updated using the modern technologies in which Wolf is fluent.

"The basic principle can be applied more effectively today with the advent of the Internet and Web 2.0 than was at all possible to do in the 1970s," Wolf said, calling for more direct democracy and an end to the facade of public comment in today’s system, which he said is "like talking to a wall."

"It’s not a dialogue, it’s not a conversation, and it’s certainly not a conversation with other people in the city," Wolf said. "No matter who’s mayor or who’s on the Board of Supervisors, the solutions that they are able to come up with are never going to be able to match the collective wisdom of the city of San Francisco. So building an online organism that allows people to engage in discussions about every single issue that comes across City Hall, as well as to vote in a sort of straw-poll manner around every single issue and to have conversations where the solutions can rise to the surface, seems to be a good step toward building a true democracy instead of a representative government."

Also calling for greater populism in government is Chicken John Rinaldi (see "Chicken and the Pot," 9/12/07), who shared his unique political strategy with us in a truly entertaining interview.

"I’m here to ask for the Guardian‘s second-place endorsement," Rinaldi said, aware that we intend to make three recommendations in this election, the first mayor’s race to use the ranked-choice voting system.

Asked if his running to illustrate a mechanism is akin to a hamster running on a wheel, Rinaldi elaborated on the twin issues that he holds dear to his heart — art and innovation — by talking about innovative ways to streamline the current complexities that artists, performers, and others must face when trying to get a permit to put on an event in San Francisco.

"I’m running for the idea of San Francisco," Rinaldi said. He claimed to be painting a campaign logo in the style of a mural on the side of his warehouse in the Mission District: "It’s going to say, ‘Chicken, it’s what’s for mayor,’ or ‘Chicken, the other white mayor.’"

He repeatedly said that he doesn’t know what he’s talking about; when we asked him what he’d do if he won, he told us that he’ll hire Mecke, Holmes, Sumchai, and Wolf to run the city.

Yet his comedy has a serious underlying message: "I want to create an arts spark." And that’s something he’s undeniably good at.

THE LAW-ENFORCEMENT VIEW


Sheriff Hennessey and District Attorney Harris aren’t being seriously challenged for reelection, and both decided early (despite pleas from their supporters) not to take on Newsom for the top job. In fact, they’re both endorsing him.

But in interviews with us, they were far from universally laudatory toward the incumbent mayor, saying he needs to do much more to get a handle on crime and the social- and economic-justice issues that drive it.

Hennessey said San Francisco’s county jail system is beyond its capacity for inmates and half of them are behind bars on drug charges, even in a city supposedly opposed to the war on drugs.

"I had this conversation with the mayor probably a year ago," Hennessey said. "I took him down to the jail to show him there were people sleeping on the floor at that time. I needed additional staff to open up a new unit. He came down and looked at the jails and said, ‘Yeah, this is not right.’"

Asked how he would cut the jail population in half, Hennessey — in all seriousness — suggested firing the city’s narcotics officers. He readily acknowledged that the culture within the SFPD is a barrier to creating a real dialogue and partnership with the rest of the city. How would he fix it? Make the police chief an elected office.

"From about 1850 to 1895, the San Francisco police chief was elected," he said. "I think it’d be a very good idea for this city. It’s a small enough city that I think the elected politicians really try to be responsive to the public will."

Hennessey said that with $10 million or $15 million more, he could have an immediate impact on violence in the city by expanding a program he began last year called the No Violence Alliance, which combines into one community-based case-management system all of the types of services that perpetrators of violence are believed to be lacking: stable housing, education, decent jobs, and treatment for drug addiction.

Harris told us so-called quality-of-life crimes, including hand-to-hand drug sales no matter how small, deserve to be taken seriously. But it’s not a crime to be poor or homeless, she insisted and eagerly pointed to her own reentry program for offenders, Back on Track.

More than half of the felons paroled in San Francisco in 2003 returned to prison not long thereafter, reaffirming the continuing plague of recidivism in California. Harris said more than 90 percent of the people who participated in the pilot phase of Back on Track were holding down a job or attending school by the time they graduated from the program. "DAs around the country are listening to what we’re saying about how to achieve smart public safety," she said of the reentry philosophy.

But at the end of the day, Harris is a criminal prosecutor before she’s a nonprofit administrator. And her relationship with the SFPD at times has amounted to little more than a four-year stalemate. Harris and former district attorney Terrence Hallinan both endured accusations by cops that they were too easy on defendants and reluctant to prosecute.

To help us understand who’s right when it comes to the murder rate, Harris shared some telling statistics. She said the rate of police solving homicides in San Francisco is about 30 percent, compared with 60 percent nationwide. And she said she’s gotten convictions in 90 percent of the murder cases she’s filed. Nonetheless, cops consistently blame prosecutors for crimes going unpunished.

"I go to so many community meetings and hear the story," she said. "I cannot tell you how often I hear the story…. It’s a self-defeating thing to say, ‘I’m not going to work because the DA won’t prosecute.’ … If no report is taken, then you’re right: I’m not going to prosecute."

YES AND NO


In addition to the candidates, the Guardian also invites proponents and opponents of the most important ballot measures (which this year include the transportation reform Measure A and its procar rival, Measure H), as well as a range of elected officials and activists, including Sups. Aaron Peskin, Tom Ammiano, Jake McGoldrick, Mirkarimi, and Daly.

Although none of these people are running for office, the interviews have produced heated moments: Guardian editor and publisher Bruce B. Brugmann took Peskin and other supervisors to task for not supporting Proposition I, which would create a small-business support center. That, Brugmann said, would be an important gesture in a progressive city that has asked small businesses to provide health care, sick pay, and other benefits.

Taxi drivers have also raised concerns to us about a provision of Measure A — which Peskin wrote with input from labor and others and which enjoys widespread support, particularly among progressives — that could allow the Board of Supervisors to undermine the 29-year-old system that allows only active drivers to hold valuable city medallions. In response, Peskin told us that was not the intent and that he is already working with Newsom to address those concerns with a joint letter and possible legislation.

"If San Francisco is going to be a world-class city, it’s got to have a great transportation infrastructure," Peskin told us about the motivation behind Measure A. "This would make sure that San Francisco has a transit-first policy forever."

Measure A would place control of almost all aspects of the transportation system under the Metropolitan Transportation Commission and give that panel more money and administrative powers in the process, while letting the Board of Supervisors retain its power to reject the MTA’s budget, fare hikes, or route changes. He also inserted a provision in the measure that would negate approval of Measure H, the downtown-backed measure that would invalidate existing city parking policies.

Ironically, Peskin said his approach would help prevent the gridlock that would result if the city’s power brokers got their wish of being able to build 10,000 housing units downtown without restrictions on automobile use and a revitalization of public transit options. As he said, "I think we are in many ways aiding developers downtown because [current development plans are] predicated on having a New York–style transit system."

Asked about Newsom’s controversial decision to ask for the resignations of senior staff, Peskin was critical but said he had no intention of having the board intervene. McGoldrick was more animated, calling it a "gutless Gavin move," and said, "If you want to fire them, friggin’ fire them." But he said it was consistent with Newsom’s "conflict-averse and criticism-averse" style of governance.

McGoldrick also had lots to say about Newsom’s penchant for trying to privatize essential city services — "We need to say, ‘Folks, look at what’s happening to your public asset’" — and his own sponsorship of Proposition K, which seeks to restrict advertising in public spaces.

"Do we have to submit to the advertisers to get things done?" McGoldrick asked us in discussing Prop. K, which he authored to counter "the crass advertising blight that has spread across this city."*

Cold case

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› gwschulz@sfbg.com

The gruesome death of a French national living in San Francisco is becoming a political hornet’s nest for local top law enforcement officials and the Mayor’s Office.

It’s still not clear how local homicide cops will define 36-year-old Hugues de la Plaza’s death after months of allowing for and even favoring the possibility that he took his own life. Suicide would have made things much less difficult for everyone in San Francisco responsible for catching those who kill, but few people close to de la Plaza believe that he killed himself.

But the French ambassador to the United States, Pierre Vimont, a confidant of newly elected president Nicolas Sarkozy, is following the case closely, and a police officer at the French consulate in Los Angeles is transutf8g hundreds of e-mails from de la Plaza’s Google and Yahoo accounts as well as mining material from the hard drive of his computer after breaking into it last week, a task homicide inspectors here apparently hadn’t yet bothered with.

"I have notified others regarding the implications contained in your letter and the wishes that you expressed to ensure an in-depth and serious inquest into the death of your son," Vimont wrote to de la Plaza’s parents, Mireille and François, earlier this year, according to our rough translation.

The status of the case right now is hardly reassuring for the de la Plazas, who forked out their own cash for a private investigator.

Recent photos of de la Plaza show him with unshorn black hair spilling out from an army cap and wide dark eyes under a pair of bushy brows.

His ex-girlfriend, Mellisa Nix, with whom he remained close, will testify soon in front of the Board of Supervisors’ Public Safety Committee on how well the SFPD is investigating violent crimes in the city as the homicide rate marches swiftly toward a 15-year high.

More than half of the annual homicide cases in San Francisco since 2001 have resulted in no arrests, according to the Police Department’s statistics, and that includes those in which the feds became involved.

Nix has doggedly pursued de la Plaza’s case, starting a blog with photos and updates, frequently calling area newsrooms to urge follow-up stories — she’s a reporter for the Sacramento Bee — and pestering the SFPD’s homicide unit to the point that it now refuses to answer her questions. Messages we left with the SFPD’s Bureau of Investigations seeking comment were not returned.

"From the get-go I had a sense that this investigation was being conducted in a fashion that doesn’t shed a very good light on the SFPD," Nix told the Guardian. "I was the one who had to call the parents and tell them their son was dead."

Two police officers kicked open the back door of 462 Linden on the morning of June 2 after a neighbor discovered blood dripping off de la Plaza’s front doorknob, with spattered pools of it leading from the threshold. They found de la Plaza lying on the floor, stabbed multiple times amid a grizzly scene of more blood that spread from the bathroom up the hallway to the kitchen and into the living room, where it soaked the coach and a television was knocked over.

De la Plaza had recently purchased land in Argentina, earned a promotion at work, acquired a new laptop, and made plans for the upcoming week — all things friends say a man considering suicide wouldn’t have done. But Nix said he had been frequently dating online, and it’s possible that an estranged lover or someone’s boyfriend attacked him.

The night of June 1 he’d met with a friend from work at SF Underground in the Lower Haight after going on a date to an art gallery with another transplant from France.

Nothing significant appeared to be stolen from his apartment after he made it home after last call, and both the front and back doors were locked when the two officers arrived. Immediately, police and officials from the Medical Examiner’s Office suspected a suicide. But Nix and others close to de la Plaza believe that persistent assumption has allowed the case’s trail to grow cold despite evidence suggesting he was murdered.

"It’s fucked-up in retrospect," said Orion Denley, a friend and neighbor who was briefly questioned by police the day de la Plaza was found. "I kept thinking, ‘How come they aren’t asking me if I heard anything?’ All they did was ask over and over again if he was suicidal, like they had already made up their minds that he had committed suicide."

No one from the Police Department contacted him again, but Denley said he heard de la Plaza’s front door slam three times, followed by two crashes and the sound of a distinct set of footsteps on the stairs leading from the apartment.

"It was definitely someone exiting the building," he said, "because you could hear the footsteps getting quieter as they ran away."

There was no suicide note or apparent weapon, nor was there an immediate suspect. Police found a knife in the sink with trace substances that could have been de la Plaza’s blood. They’ve since missed at least two promised deadlines for the completion of a DNA analysis, and now there’s no telling when the results will be available. It’s the only real piece of evidence left allowing investigators to regard de la Plaza’s death merely as suspicious rather than a murder.

"It’s something that I don’t think Hugues would have ever considered doing," Nix said of the suicide theory. "He had his ups and downs. He was a very private person. But if he were going to kill himself, he would probably write a letter. He was very precise and particular about how he conducted his life."

But there’s no doubt the pressure’s on. Sup. Ross Mirkarimi has vocalized his disapproval of the way skyrocketing homicides in his district — which includes the Hayes Valley neighborhood, where de la Plaza lived — are being handled by the Police Department, and District Attorney Kamala Harris has paid special attention to the case. Her chief assistant met twice with de la Plaza’s family, who visited for several weeks earlier in the summer.

The family also met with Inspector Tony Casillas and bureau captain Kevin Cashman but returned to France largely empty-handed. They’ve since discussed using insurance money they received after de la Plaza’s death to establish a support group in San Francisco for the families of victims whose murders go unsolved.

"Is that what it takes in San Francisco? Hire a private investigator and involve a foreign police force?" Nix wrote to Mayor Gavin Newsom in July. "If so, shame on the leaders of San Francisco. If so, God help those in your city who do not have such resources."

Are the cops doing their jobs?

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For the first time ever, the San Francisco Controller’s Office (using outside consultants) is conducting a survey on the behavior and effectiveness of the SFPD. You can fill it out online here.

This is part of legislation by Sup. Ross Mirkarimi, and it’s important that all parts of the community respond. Cuz’ you know the cops will all fill out the survey ….

My only problem with the survey is that it doesn’t ask about police abuse or accountability, but it does ask about effectiveness, and there are places where you can type in comments.

Phil Frank memorial service Monday

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Lee Houskeeper (no pesky e) sent out this press release announcing the public memorial service for Phil “Farley” Frank from noon to l p.m. Monday at Washington Square Park (Camp Farley).

If I were writing a story for the Guardian, or most any other newspaper, I would take this release and convert it into a story. I would make sure that Houskeeper’s name, as the press guy for the Frank family, would not appear. After all, he did all the work and that would not be good to reveal.

However, since this is the Bruce blog, and I can do any damn thing I like, I am going to run the Houskeeper press release as is, since it is a good one and lays out the information and the art straightforwardly in good Farley form. That’s why I like blogging now and then. See my previous blogs for more Frank lore and his early front page graphics for the Guardian. Our then Art Director Louis Dunn spotted Frank as a real talent and immediately pressed him into front service and his work appeared first in the Guardian, starting in 1972. Click here to see some early 70’s Phil Frank Guardian covers. B3

frank1.bmp

A Farley Celebration of Phil Frank

Monday, September 24th, 2007

Washington Square Park (Camp Farley)
12:00 Noon—1:00 PM

Attire: Favorite Farley character

Hosts: San Francisco Chronicle & Friends of Phil

Lunch: BYO to park (Possible Frank Hot Dog Concession)
Chris Tellis MC
Washington Square Bar & Grill and other North Beach Restaurants alerted
Fog City Diner (hosting Park Service Mounted patrol)

Speakers:

Phil Bronstein-Publisher San Francisco Chronicle
Honorable Gavin Newsom
Honorable Willie Brown
Mike Tollefson-Superentendent-Yosemite & Park Ranger Mia Munro-Muir Woods
MC: Mike Cerre-Correspondent

Entertainment:
Beach Blanket Babylon
Green Street Mortuary Band
Tried & True Gospel Singers
National Park Service mounted Color Guard Patrol
SFPD Parking Enforcement “Precision Scooter Team”

The tragic tale of Tamesha Tobie

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› gwschulz@sfbg.com

At first, police believed it was a terrible, self-inflicted mishap.

It happened April 15, just after the funeral held for a San Francisco man who’d succumbed to diabetes. Mourners were gathered in the Western Addition home of Tamesha Tobie’s grandmother, Edna Tobie. Tamesha, a 14-year-old first-year high schooler in town from Stockton for the funeral, was hanging out with two teenage boys, her cousins, in a bedroom — a room where, it turns out, another family member had stashed a powerful .357 Magnum revolver. Suddenly, the house filled with the sound of the gun’s pop.

Tobie’s aunt was cooking in the kitchen. She rushed to find out what was going on. The two boys met her in the hallway and told her there was a gun; she found Tobie on the bed, not moving. Nearby lay the pistol, with five live rounds and a shell still visible in the cylinder under the hammer.

The family dialed 911, and soon the area was packed with uniforms. Paramedics arrived with the police, as did a media flack who expected reporters, a crisis response team from the health department, the local medical examiner, and Sup. Ross Mirkarimi, whose district includes Edna Tobie’s Oak Street home.

"These are vivid experiences you don’t lose," Mirkarimi said. "The gut-wrenching part is that it was a young girl."

Fox, CBS, the Associated Press, and the San Francisco Chronicle all reported what the cops told them: Tamesha Tobie had accidentally shot herself with the gun.

But it turns out that wasn’t true. In fact, according to an autopsy completed by the medical examiner June 1, Tobie didn’t pull the trigger.

Her death has become another in a long list of unsolved homicides in San Francisco — and another sign that gun violence, both accidental and intentional, is raging out of control.

THE COPS DON’T KNOW


Months after the killing, the San Francisco Police Department didn’t seem aware that Tobie’s death was anything but an accident.

When we contacted the SFPD’s press office early in September, the staffers weren’t aware that her death had been ruled a homicide, nor was Lt. John Murphy, head of the homicide unit. Department spokesperson Sgt. Neville Gittens even requested that the Guardian fax him a copy of the report.

Now the SFPD acknowledges that Tobie was a homicide victim. "We believe it was done at the hands of someone else," Gittens said a week after receiving the report.

A homicide inspector assigned to the case said he learned of the medical examiner’s final report two weeks ago but explained that he’d already regarded Tobie’s death as suspicious.

Inspector Mike Johnson said he thinks one of the two cousins in the room with Tobie fired the weapon. Police have also concluded that the gun was used in an unrelated San Francisco homicide a few months prior by another young family member before being hidden in the home of Tobie’s grandmother.

Nobody has been arrested in that case either. Despite the fact that this gun has now been used to kill at least two people, Johnson conceded that not enough evidence exists to make an arrest in the first murder, even though a suspect has been identified — an exasperating fact for a city already near last year’s total of 85 murders.

If nothing else, the gun’s owner could possibly be guilty of negligence or child endangerment — but no charges are pending.

"The capacity of government not to do something about this at the pace that it is rocketing is what is absolutely alarming," said Mirkarimi, who’s pushed the Mayor’s Office of Criminal Justice to provide better data on violent crime in the city, "because it’s not going to abate itself…. The way that the number is traveling out of the reach of the Police Department and the district attorney — I think we’re going to need to send red flares up, SOS."

DEADLY HORSEPLAY


The Tamesha Tobie case is tricky; there were only three people in the room, and one is dead. The boy who police believe accidentally ended Tobie’s life won’t confess, Johnson said. Some relatives dispute the police’s view that one of the boys mistakenly fired the weapon and instead believe the story the pair have stuck to so far — that the gun fired on its own from the bed as they horsed around, the bullet smashing through the right rear of Tobie’s jaw.

"Obviously the one boy who did it doesn’t want to say anything to us," Johnson said. "And the other boy is somewhat traumatized, and his parents are worried about any possible criminal charges against him for associating with the first boy. So right now we’re trying to corroborate the stories and what happened through other people who were in the house…. It’s kind of a sensitive thing at this point."

But either way, Tamisha Tobie is the ultimate victim of gun violence, and while her death likely wasn’t intentional, it’s joined the city’s steadily climbing homicide rate nonetheless.

Attempts to reach Tobie’s family for comment were unsuccessful.

Statewide in 2004, 10 kids were killed after being accidentally shot either by themselves or by someone else, according to figures maintained by the federal Centers for Disease Control and Prevention. More recent figures won’t be available until later this year. But according to media accounts and calls to local police jurisdictions, over the past 12 months, three children died similarly just in the Bay Area.

In June a five-year-old boy in Oakland shot himself while playing with a relative’s gun, and a 28-year-old man was arrested for child endangerment — in notably less time than it took San Francisco to complete Tobie’s autopsy.

Just days after Tobie was killed, an 18-year-old girl accidentally shot a younger male teen in the city of Richmond with a revolver he’d found in the home where his death occurred. Last November a 16-year-old boy in Contra Costa County was killed after a friend accidentally shot him in the chest while playing with a .22-caliber revolver. Several other accidents occurred during 2006 in San Francisco and the East Bay, including one involving an Alameda toddler who that spring mistakenly shot his 20-year-old cousin with a .38 that belonged to a family friend.

The gun lobby complains that news stories depicting such deaths overstate the problem of accidents among kids and foster hysteria.

But Shawn Richard of the local nonprofit Brothers Against Guns has a response. The volume of deaths, he argues, isn’t the story.

"It could be a low number. It could be a high number," Richard said. "Regardless, it’s still ridiculous to deal with lives that are being taken by a gun."

Richard founded Brothers Against Guns after two of his siblings were shot to death in San Francisco during the 1990s. He joined the Mayor’s Office, District Attorney Kamala Harris, and the Legal Community Against Violence in drafting a batch of local antigun ordinances that passed the Board of Supervisors last month. One requires local firearms dealers to send inventories of their weapons to the police chief every six months, and another requires all handgun owners to disable their weapons with trigger locks.

Richard is also working with Assemblymember Mark Leno (D-San Francisco) to ban gun shows at the Cow Palace, which is located on state property near the Sunnydale housing project, where violent crimes are a frequent occurrence.

But would all of the antigun news releases in the world have saved Tobie? Homicide inspector Johnson wonders aloud whether they would.

"If the gun’s used in a homicide," Johnson said, "and it’s hidden in the house by children, who’s going to put a gun lock on it?"

Shoot first, cadets. Foot pursuits smack of effort.

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By G.W. Schulz

*UPDATE: SGT. NEVILLE GITTENS OF THE SAN FRANCISCO POLICE DEPARTMENT’S PRESS OFFICE WANTED TO MAKE IT CLEAR THAT HE WAS OUT OF TOWN WHEN WE LEFT A MESSAGE FOR HIM INQUIRING ABOUT THIS REPORT. INDEED, THE SFPD’S PRESS OFFICE NEVER RETURNED OUR CALL, BUT GITTENS SAYS FOR THE RECORD THAT HE WASN’T AT WORK THAT DAY, AND IT WASN’T PERSONALLY HIS FAULT THAT WE DIDN’T HEAR BACK FROM THE DEPARTMENT. THANK YOU FOR THAT CLARIFICATION, SERGEANT.

We were going to save this item for the briefs section on Wednesday, but another piece came up at the last minute, so here you go.

Last week, flaks from the San Francisco Police Department sent out a press release proudly announcing that 40 men and women would be officially graduating from the police academy August 10.

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But the department’s badly needed infusion of rookie officers comes with a caveat. Someone recently called the whistleblower hotline at the San Francisco Controller’s Office to complain that an officer “had failed the agility test, but was able to advance to the oral board portion of the exam,” according to a regular summary of the tips posted on the city’s Web site.

The whistleblower reports don’t name names but do outline allegations of fraud, waste and employee misconduct in addition to explaining how investigators responded.

Officer Maria Oropeza from the academy wouldn’t answer questions about the complaint and directed us to Sgt. Neville Gittens in the department’s press office, who didn’t return calls by this afternoon.

But an inquiry from the controller responding to the complaint revealed that previously, applicants who failed the physical ability test weren’t allowed to participate in the oral interview. The exam period that inspired the complaint, however, was amended to allow candidates who passed the written examination to join an eligible list and improve their physical fitness in the interim before retaking that portion of the test within two years.

Investigators didn’t conclude that any rules were violated, but there’s no doubt San Francisco is desperate for new officers.

Contemputf8g Wolf

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› sarah@sfbg.com

Months after local videographer and blogger Josh Wolf was released from federal prison — where his seven-month stay was the longest in history for an American journalist for refusing to turn over unpublished materials to criminal prosecutors — the San Francisco Police Commission finally has decided to analyze the incident. That inquiry comes just as Wolf embarks on a campaign for mayor, which he hopes will create a dialogue about the lack of police accountability and the overzealous federal intrusions that marked his story.

Wolf, 24, told the Guardian that he’s still baffled by what transpired after he filmed the July 8, 2005, anti-G8 protest, which involved a heavy anarchist turnout, "got rowdier than local officials would have liked," and left a San Francisco police officer with a fractured skull — an incident that Wolf calls "unfortunate" but of which he claims to have absolutely no knowledge

"I’ve read the evidence that was presented in my case, but to this day no one has pointed out anything that constitutes terrorism," Wolf said.

The day after the protest, Wolf was contacted at his home by members of the FBI and the Joint Terrorism Task Force, along with two San Francisco Police Department officers. The four agents who showed up Wolf’s door, one of them dressed in a Hawaiian shirt and shorts, demanded that he hand over all his video outtakes after local and national TV stations aired edited footage that Wolf posted on his blog. The aired film included scenes of anarchists setting off firecrackers, turning over newspaper racks, and spray-painting a Pacific Gas and Electric Co. office. It also showed an SFPD officer holding local resident Gabe Meyers in a choke hold while another agent waved his weapon at the crowd and shouted, "Leave or you’re going to get blasted. I’m a fed, motherfucker."

"If any time the SFPD decides it doesn’t want to deal with some local issue, does it have the autonomy to contact the feds, and if so, doesn’t that jeopardize all the laws that the voters of San Francisco have passed?" Wolf asked July 11 as the Police Commission discussed a resolution supporting the First Amendment rights of the "new media," which is how Web-based disseminators of news, such as Wolf, are being described.

Earlier this year, police commissioner David Campos tried to pass a resolution in support of the then-jailed Wolf, but the proposal got no traction until Theresa Sparks was elected as president in May. By then Wolf had been free from jail for a month, leading Campos and Sparks to shift their focus toward investigating exactly why Wolf’s case got federalized in the first place as well as the implications for other groups that are protected locally but at risk federally.

As Campos told the commission, "A lot of people in San Francisco have been talking about how we as a department interact with the feds, to the extent that it has an impact on medical cannabis providers and immigrants and on First Amendment rights, as in the case of Josh Wolf."

Under state law, reporters’ sources and their work products are protected. A recent case involving Apple suggests that the law also extends to bloggers and independent reporters. But under federal law, reporters have no such protections, which is why former New York Times journalist Judith Miller was jailed in the Valerie Plame–CIA investigation and San Francisco Chronicle reporters Lance Williams and Mark Fainaru-Wada faced potential jail time in the BALCO affair, as did freelancer Sara Olsen in the court-martial of Army Lt. Ehren Watada.

But while these journalists refused to comply with subpoenas that were clearly related to federal matters, there was no such obvious connection in Wolf’s case. An investigation into the assault on SFPD officer Peter Shields normally would have been undertaken by local police and District Attorney Kamala Harris. Police records show that SFPD inspector Lea Militello requested "assistance from the FBI/JTTF regarding investigation of a serious assault against a San Francisco police officer." Federal investigators justified their involvement by maintaining that there had been an attempted arson on an SFPD squad car purchased in part with federal funds, even though SFPD records indicate only that the car’s rear tail light was broken.

"There was nothing incriminating on my tape," Wolf told the Police Commission, recalling how he offered to prove his statement by letting the federal judge view it in his private chambers, an offer the judge refused. "But because I had no federal protections, I had to decide whether to engage in a McCarthyesque witch hunt," Wolf added; he long had suspected that the feds wanted to profile anarchists about whom he has intimate knowledge.

Campos and Sparks hope that last week’s Police Commission discussion will be the first in a series about the protocols and procedures that the SFPD follows in deciding whether to refer matters to federal authorities. Both stress that asking for such a study does not mean they do not care that an SFPD officer was hurt. As Sparks told us, "At this point we don’t know what the deliberations behind everything that night were or how many people were deployed. For us to comment on a police officer being injured is inappropriate unless we have all the information. And all we’re hearing is anecdotal stuff. Our job is not to take sides but to figure out what the policies were, are, and what they should be."

Police Chief Heather Fong has agreed to report to the Police Commission in August on policies and procedures related to the SFPD’s General Orders, the city’s ordinances on immigration and medical marijuana, and protection of journalists’ rights. Sparks predicts that the report will tell the commission "what the SFPD’s policies do, how that compares to the Board of Supervisors’ resolutions, and whether we need to rewrite them or write new rules for the police."

Commissioner Campos told us he hopes the report will clarify whether the police have an obligation to report to the feds if an investigation involves damage to property bought with federal funding. "If it’s the case that we are obligated, then we need a discussion. Do we want to accept funds if doing so ties our hands and forces us to do something that San Francisco doesn’t want to do? For instance, if we accept funding, then does that mean we have to cooperate with [Immigration and Customs Enforcement]? If so, then a lot of us, myself included, would be up in arms and would say, ‘Let’s not.’ To the extent that it comes down to money, I’d hope that we’d make the choice that we’d rather not take the money than get in bed with the federal government."

Wolf, who was not convicted of any crime but served 226 days for being in contempt of a grand jury subpoena, was released April 3 after he agreed to post all his unedited footage online — an action the feds claimed as evidence that he had submitted to their demands. But Wolf pointed out that he agreed to do so only after the feds promised that he would not have to testify about anyone whose actions or words he had captured on tape. He also pointed out that he released the tapes to everyone, not just the federal government.

Since being released Wolf has announced his intention to run for mayor of San Francisco this fall, saying he was inspired by the recent Progressive Convention called by Sup. Chris Daly "in which they had a great platform but no declared candidate."

Wolf’s candidacy pits him against Mayor Gavin Newsom, who expressed neither support for Wolf nor criticism of his detention. That stance is in contrast with that of Harris, who is also running for reelection this fall and publicly criticized the US Attorney’s Office in March, a month before Wolf was released. In August 2006, Newsom returned unsigned the resolution of support for Wolf’s plight that was sponsored by Supervisors Ross Mirkarimi, Tom Ammiano, and Daly. The resolution, which passed on a 9–1 vote, with Sup. Sean Elsbernd voting no and Sup. Michela Alioto-Pier absent, declared that the city "resisted the federal government’s intervention in the City and County of San Francisco’s investigation of the July 8th, 2005 G-8 protest; expressed support for the California Shield Law; and urged Congress to pass Senate Bill 2831, the Free Flow of Information Act."

Asked about Newsom’s position on Wolf and related matters, spokesperson Nathan Ballard reminded the Guardian that the mayor authorized a $10,000 reward for information leading to the arrest and conviction of the person or persons responsible for the assault on Shields. "We take these attacks seriously and will take the appropriate actions necessary to ensure that the person or persons responsible are prosecuted," the mayor said shortly after the assault. As for Wolf, Ballard said by e-mail, "I am not aware of any public statement [by] the Mayor on the case of Josh Wolf. The Mayor is generally supportive of the concept of a better shield law, but he has not taken a position on this particular bill at the present time."

As it happens, Wolf, who has made numerous media appearances since his release, including on The Colbert Report, could find himself in the unusual position of having more name recognition than any of Newsom’s other challengers. And with Congress currently considering a federal shield law, the cause for which Wolf went to jail remains in the news. As media activist Rick Knee put it, pointing to the "Free Josh Wolf" button that he continues to wear on the lapel of his tweed jacket, "Josh may be out, but the issue is still with us." *

More cops are not enough

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EDITORIAL There was a telling trio of events June 13 that illustrated what’s wrong with the current debate over public safety issues in San Francisco and why real police reform is needed before we spend $33 million to bolster the ranks of the San Francisco Police Department, as Mayor Gavin Newsom is proposing.

Newsom and his supporters gathered on the steps of City Hall to blast a proposal by Sup. Chris Daly to remove from the budget an extra class of police cadets (which the SFPD will have a hard time even filling, given its recruiting problems) and make other changes, denouncing the supervisor for supposedly endangering city residents.

It was shrewd yet shortsighted politics for Newsom to grandstand on public safety. But it was also demagoguery. Newsom is playing to people’s fears, pandering to the Police Officers Association, and hoping that people won’t notice how little he’s done to actually make San Franciscans safer, something that simply dumping more cops into a dysfunctional system won’t help.

The murder rate has soared under Newsom, who never followed through on his promise to "change the culture at the SFPD," content to let this deeply troubled agency manage itself. Newsom opposed the requirement of police foot patrols, helped kill violence-prevention programs, watered down an early-intervention system for abusive officers, and sabotaged an innovative community policing plan. Instead, he simply throws money at the department, tells us how deeply he cares, and calls that a commitment to public safety.

On the evening of June 13, San Francisco once again experienced the price of this lack of leadership when four young men were shot in the Friendship Village public housing complex in the Western Addition, which the SFPD had promised to regularly patrol. To bring the tragic point home, there was another shooting at the same spot the next morning.

"Today I’m all over the mayor and all over the police chief and all over city agencies to give me a detailed plan," Sup. Ross Mirkarimi told Bay City News. As well he should be. For all its resources, the SFPD has yet to work with the community on a comprehensive plan for keeping it safe.

The SFPD’s wasteful overkill by cadres of do-nothing officers gets displayed for all time and again: at peace marches, street fairs (particularly last year’s Halloween in the Castro, where hordes of cops standing around doing nothing failed to catch the guy who shot nine people), and now Critical Mass, where the 40 cops who accompany it seem to have no plan for managing the event and refuse to even take reports when cars hit bikes.

How are more cops going to help this problem? What we need is real reform, but unfortunately, Newsom and his allies keep trying to give this department more authority and resources without asking for anything in exchange.

Case in point: a charter amendment by Sup. Sean Elsbernd that was heard June 13 at the Police Commission meeting. In the name of reducing the commission’s disciplinary backlog and improving officer morale, Elsbernd proposed gutting civilian police oversight by handing the police chief much of the power now held by the commission and the Office of Citizen Complaints. The proposal was blasted by the OCC and the American Civil Liberties Union as a giant step backward.

Elsbernd tells us he’s working with those groups to maintain civilian oversight while accomplishing his goal of allowing the commission to focus on big policy issues rather than individual disciplinary actions. We’re not sure that’s possible without the establishment of a new body or substantially more resources going to the underfunded OCC.

But we do share his goal of creating an open, public dialogue about the SFPD within an agency that has the authority to implement reforms. Newsom has been unwilling to facilitate a frank public discussion of the SFPD’s practices, where they can be improved, and how much money the department really needs to do the job we want it to do.

Maybe the Police Commission, under progressive new chair Theresa Sparks, is just the place to talk about real police reform. *

Police-records legislation on its way to state Assembly just as SFPD officer is charged with lewd act

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By G.W. Schulz

UPDATE! Here’s an SB 1019 alert from the Northern California ACLU.

Have you caught up with this week’s lurid law-enforcement story involving an SFPD officer facing criminal charges in the East Bay for sleeping with a 14-year-old prostitute? Scaaaaaaandalous.

If formal criminal charges had never been brought against the 37-year department veteran and he merely faced internal disciplinary proceedings for having sex with an underage girl in his car, there’s a chance you never would have learned about it. The state Supreme Court in a now-infamous decision handed down last year blocked the public from being able to access police disciplinary records.

If police hadn’t discovered the two in Sgt. Donald Forte’s civilian car at the dead end of an East Oakland street and the lewd act had simply been reported by a colleague internally, how else could the public have ever learned that a police officer had allegedly committed statutory rape?

Outside of a possible leak, the public may never have known a thing.

Two stories we published this week were also affected by that Supreme Court decision. Our story on three sheriff’s deputies in San Francisco accused in federal court by former county-jail inmates of assaulting them was limited in part because some personnel records generated in the case were designated confidential by a judge, so we couldn’t look at them.

woodfox1.jpg
Mack Woodfox alleges he was beat while in custody

The drug war soldiers on

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› gwschulz@sfbg.com

It’s been five months since the Board of Supervisors passed Sup. Tom Ammiano’s ordinance directing the San Francisco Police Department to make cannabis busts its lowest possible priority.

But is it safe to say San Franciscans can openly smoke, grow, or distribute cannabis without being harassed by law enforcement, as the nighttime talk show hosts and news pundits are fond of pronouncing?

Eric Luce, who’s worked as a public defender in Jeff Adachi’s office for the past four years, doesn’t think so. He’s seen a spike in recent cannabis busts and has eight open cases right now involving small-time marijuana sales.

"They’re being charged every day," Luce said. "This is a fairly new phenomenon, and I think it’s linked 100 percent to getting felony conviction rates up."

One of Luce’s clients, a Salvadoran émigré, already faced a stacked deck without trouble from the police. She’s an HIV-positive, transgender woman with a history of clinical depression. During a string of undercover operations conducted by SFPD narcs throughout March and April, an officer approached the woman (Luce requested that the Guardian not publish her name), asking if she had crack.

No, she said, but she did have a little pot, what turned out to be half a gram, hardly enough for a joint. The officer offered $5 for it, but she declined and turned to leave, declaring that she’d rather just smoke it herself. So he raised his offer to $10. She said yes and was arrested.

More than a month later, she remains in jail, and although she was granted amnesty in the late ’80s and has spent the past 25 years in the United States, Luce said, the arrest threatens her immigration status.

In another recent case, three men were arrested at Golden Gate Park in early March for allegedly selling an eighth of an ounce to an undercover narcotics officer. All told, police claim the trio possessed a half ounce between them. One defendant spent a month in jail for it, and Luce’s client, a homeless man named Matthew Duboise, was only released after Luce persuaded a judge that the officers had searched him illegally.

If Luce’s clients otherwise accept guilty pleas simply to get out of jail, District Attorney Kamala Harris gets to characterize these pleas as felony convictions of drug dealers — a significant distinction during an election year — even as she claims publicly to back the concept of low priority. Like so much about the drug war, Ammiano’s ordinance, joined by a handful of other piecemeal legislative attempts in California to soften prohibition, creates as many questions as it does answers.

How would police officers officially make cannabis a low priority? Could they look the other way without sanction? Does the SFPD even care what city hall decides if federal agents continue to insist through their actions and words that possessing or using cannabis in any form is still against the law?

In recent weeks we contacted the defendants in three additional local cannabis busts, ranging from large to small quantities, but none of them would speak to us even off the record about their cases, fearing a backlash at pending court hearings. So we visited the very unsophisticated criminal records division at the Hall of Justice on Bryant Street for a crude statistical analysis of recent marijuana charges filed in the city.

Using the hall’s record index, we conservatively estimated there were well more than three dozen cases filed by the District Attorney’s Office since the beginning of 2007 involving violations of California’s Health and Safety Code, section 11359, felony possession of marijuana for sale. The tally is just for simple drug charges, and that doesn’t even count cases with accompanying charges, like weapons possession or violent assault.

So where are all these cases coming from?

Sharon Woo, head of the DA’s narcotics unit, points out that Ammiano’s legislation specifically exempts "hand-to-hand sales" in public places and was amended — notably at the 11th hour before its passage — to include such sales "within view of any person on public property." She said most of the cases we identified, like the two mentioned above, involved an SFPD response to grumbling from residents about drug sales in certain neighborhoods. The resulting undercover sweeps net 20 to 50 suspects each time.

"The [Police] Department is really answering a community request for assistance, and we’re prosecuting based on the information they give us," Woo told the Guardian. "When it’s in an open place, a public place, we treat hand-to-hand sales of marijuana as seriously as any other type of crime."

Those are only the cases for which there’s a paper trail. Gary Delagnes, president of the San Francisco Police Officers Association (SFPOA) and a former narcotics officer, told us police in the city are more than likely to simply book confiscated marijuana without filing charges against the suspect to avoid paperwork and the perceived inevitability by the SFPD rank and file that Harris won’t prosecute small-time users or growers, at least not with the zeal they’d prefer.

That means the index we scanned wouldn’t reflect instances in which police simply confiscated someone’s pot — possessed legally or illegally — or cases in which a suspect was never arraigned in court but still endured being ground through the criminal-court system. And it’s worth mentioning that at least under city rules, a qualified medical marijuana patient can possess up to eight ounces of dried cannabis, a considerable amount.

Delagnes says marijuana should be fully decriminalized. "But if somebody calls us and says, ‘Hey, look, there’s a place next door to me, and it stinks like marijuana to high heaven, and I just saw a guy in the backyard with 50 marijuana plants,’ what are we supposed to tell the guy on the phone? ‘Tough shit’?"

What’s remarkable is that San Francisco has been through all this before — 30 years ago. Local voters passed Proposition W overwhelmingly in 1978, demanding that law enforcement officials stop arresting people "who cultivate, transfer or possess marijuana."

Dale Gieringer, director of California’s National Organization for the Reform of Marijuana Laws, said San Francisco all but forgot Prop. W. So how do you prevent the same thing from happening to Ammiano’s ordinance? "You don’t. Law enforcement is unmanageable," Gieringer said. "You have to get state law changed. The only way I know to get state law changed is you … try to build up local support before you finally go statewide, which is exactly what we did with medical marijuana."

Gieringer, who helped Ammiano’s office pen the most recent law, said it was modeled after a similar Oakland version, which explicitly made an exception for street sales. "We were protecting private adult cannabis offenses with the understanding that we didn’t want marijuana sold in the streets, which has been a real problem in Oakland and other places," Gieringer said. "You get all of these neighborhood complaints."

But in another case we reviewed from court records, a suspect named Christopher Fong was pulled over in January near Harold Street and Ocean Avenue and arrested for allegedly possessing five bags of marijuana.

He had a doctor’s recommendation but no state-issued medical cannabis card, according to court records. Under Proposition 215, passed by voters more than 10 years ago, you still don’t need a license to prove to officers you’re a cannabis patient, a fact Woo from the DA’s Office didn’t seem fully aware of during our interview. San Francisco state assemblymember Mark Leno simply created the license system in 2003 to encourage law enforcement to stay off your back with the right paperwork.

So despite each of California’s awkward lurches toward decriminalization, without a complete, aboveground regulatory scheme, users still exist in a form of criminal purgatory, and demand for cannabis still spills onto the street. The most anyone can pray for is being confronted by a cop who happens to be in a good mood that day.

"It still comes down to the discretion of the cop," Ammiano told us.

His law nonetheless quietly represents something that few other decriminalization efforts have in the past: its premise does not hinge on the notion that cannabis possesses medicinal qualities. It simply says taxpayers are weary of spending $150 million statewide each year enforcing marijuana laws and clogging courts, jails, and the probation system with offenders.

The ordinance also includes the formation of a community oversight committee composed of civil liberties and medical cannabis advocates. They’ll be responsible for compiling arrest rates and obtaining complaints from civilians in the city who believe they’ve been unfairly accosted by officers.

"I think [the department] would be more likely to take it seriously if they received a lot of complaints about what they’re doing," said Mira Ingram, a cannabis patient and committee appointee. "So I’m hoping with this committee, we’ll be able to bring all of this stuff out and be a sounding board for people who have problems with [police]."

Ammiano’s office told us the ordinance simply codifies what was already the prevailing attitude in the SFPD’s narcotics unit. But it remains doubtful as to how far the cannabis committee could go in forcing fundamental changes in department culture, especially considering the committee couldn’t punish officers for vioutf8g the lowest-priority law or even for refusing to provide detailed information about individual cases.

"Until we can change that culture, it’s not going to go away," admits Michael Goldstein, another committee appointee. "It would be my hope that … eventually we would have some empowerment to forestall and limit what they do in that regard. But you understand what it takes to completely transform an organization like that. It ain’t gonna happen. I’ve been around [San Francisco] for 30 years."

While Delagnes told us that he’s not altogether opposed to the idea of repealing prohibition, the SFPOA has attacked local officials who publicly support cannabis users, a signal that even after an entrenched, decades-long war against narcotics, the Police Department may be a long way from making marijuana a truly low priority.

Police commissioner David Campos, an aspirant to the District 9 supervisor seat now held by Ammiano, drew fire from the SFPOA when he recently criticized a regular antagonist of the city’s medical marijuana dispensaries, an SFPD sergeant and particularly aggressive drug cop named Marty Halloran.

"Commissioner Campos said Marty Halloran has no business being a police officer," Delagnes angrily told the commission in April. "Oh really? Well, for someone who has obviously dealt with this situation with a complete lack of integrity and has failed to act in a fair, impartial, and objective manner, I believe the opposite is true of Mr. Campos, and perhaps you should not be sitting on this commission."

Does that sound like an end to prohibition looms?

For Luce, the most alarming recent trend is officers finding a homeless street addict as a hook to direct them toward a more prominent dealer. When the arrest occurs, both are charged with felony possession of narcotics for sale.

"That’s not the point of these undercover narcotics operations," he said. "The point of them is to go after hardcore sellers. And what they’re doing is targeting the most vulnerable people out there, these addicts. It’s a way for the police to say, ‘We’re arresting dealers.’" *

Sam Devine contributed to this story.

Mass response

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By Steven T. Jones
Last night’s Critical Mass was big — a population that was also swelled by way too many cops — but other than that, it was pretty normal. As usual, there weren’t any major incidents. As usual, the atmosphere was festive. As usual, the only aggressive behavior that I saw came from overentitled car drivers. These basic, predictable facts seemed to surprise the writers at the Chronicle, who apparently actually believed their own bicyclists-gone-wild bullshit. So once they finally went on a ride, we were rewarded with the headline “Critical Mass pedals politely through S.F.”
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Yet the real problem remained, the one the Chron still hasn’t been able to comprehend. My friend Tim got his bike run over by a car last night simply because it was in the path of an impatient motorist who was trying to drive into a crowd of bikes. And as usual, despite the 40 cops on the ride, the police refused to take a report or get involved. Critical Mass is many things to many people, but one of those things is an assertion of our rights to the road, which we’re legally entitled to whether or not we have the blessing of the Chron, the SFPD, and the rest of this city’s power structure.

Time to ride

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By Steven T. Jones
Despite the article’s deeply flawed premise, it was nice to see the Chron’s Matier and Ross promote this Friday’s Critical Mass ride.
smaller wheel.gifAfter the duo whipped drivers into an ill-informed frenzy earlier this month and caused the SFPD to double the promised police presence, we bicyclists will need big numbers on our side to keep the mass moving and show that we won’t be shamed or threatened into abandoning this important social protest event. And from what I’m hearing, people are more committed than ever to Critical Mass, creating the possibility that this Friday’s event will be huge and fun. Personally, I can’t wait.

Time to ride

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By Steven T. Jones
Despite the article’s deeply flawed premise, it was nice to see the Chron’s Matier and Ross promote this Friday’s Critical Mass ride.
wheel.gifAfter the duo whipped drivers into an ill-informed frenzy earlier this month and caused the SFPD to double the promised police presence, we bicyclists will need big numbers on our side to keep the mass moving and show that we won’t be shamed or threatened into abandoning this important social protest event. And from what I’m hearing, people are more committed than ever to Critical Mass, creating the possibility that this Friday’s event will be huge and fun. Personally, I can’t wait.

Yet it’s too bad the M&R keep getting things so wrong, such as when they say Mayor Gavin Newsom “has a lot riding on this event…the basic question being whether he can control the city’s streets come Friday night..” That’s bullshit. On this issue, Newsom has been wise enough to avoid taking the Chron’s bait and calling for a Critical Mass crackdown. He never promised to “control” Critical Mass and therefore has nothing riding on this Friday’s outcome, unless the police get aggressive and cause problems. The only test we’ll see this Friday is of M&R’s mass-gone-mad fable, which are like to be shown for the one-sided, self-serving sensationalism that it was.

FIREWORKS, TEENAGE GIRLS AND AN SFPD PATROL CAR: Former cop caught in alleged corruption snafu

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By G.W. Schulz

Chronicle gossip sluts Matier & Ross caught up with an interesting scoop today involving a guy who can’t seem to stay out of trouble. His name is Arkady Zlobinsky. That’s him below in a photo the Chron ran, which kinda looks more like a Glamour Shot stolen from a bargain-bin picture frame than a staff-produced image.

zlobinsky1.jpg
Former SFPD cop Arkady Zlobinsky from, uh,
a series of Glamour Shots the Chronicle lined up?

Anyway, a while back, we reminded you of a short-lived feature we’d launched last year called “Cops Behaving Badly,” which was supposed to be a regular summary of the more disturbing and/or hilarious police disciplinary cases arriving at the San Francisco Police Commission for review, details of which we could obtain as public records from the commission’s secretary, a nice guy named Sgt. Joe Reilly.

Well, the series started off as loads of fun. There was the cop who got busted with pot in Lake Tahoe. There was the domestic-violence investigator who drunkenly crashed into a parked SUV in Marin County while off the clock. There was the lieutenant who was allegedly pulled over at different spots throughout the city three times while off duty in a string of civilian automobiles, twice with a golf towel curiously wrapped over his license plate.

He claimed to sometimes play golf late at night in the park, and the towel must have miraculously got caught in his trunk. All a big misunderstanding, but after apparently letting him go a few times, officers finally reported the incidents and the chief was forced to charge him with being uncooperative by refusing to turn over his license and trying to intimidate the officers who’d pulled him over. That was the same lieutenant who was arrested in 1983 for soliciting an act of prostitution.

Who blinked?

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› sarah@sfbg.com

Freelance journalist and blogger Josh Wolf has been free for more than a week, but the debate over why the federal government released him after 226 days in jail is only getting murkier.

First a US Attorney’s Office press release April 3 claimed that Wolf "complied with the grand jury subpoena." Next a San Francisco Chronicle headline April 4 declared, "Blogger Freed after Giving Up Video." Then a Chronicle op-ed April 9 by the California First Amendment Coalition’s executive director, Peter Scheer, claimed Wolf’s case never should have become a constitutional cause célèbre "because he never had evidence."

"In retrospect," Scheer wrote, "Wolf’s jailing looks like a huge misunderstanding, in which prosecutors assumed, incorrectly, that Wolf possessed relevant evidence, while Wolf believed, erroneously, that he had a responsibility to go to jail even if he had no relevant evidence."

Wolf disagrees with all the above, beginning with the prosecutor’s claim that he complied with the subpoena.

"If I complied, then journalists will be happy to know that the meaning of ‘complied’ has changed," Wolf said, noting that he never capitulated to the feds’ demands that he testify under oath before a grand jury about a July 2005 Mission District protest that turned violent, parts of which he captured on video and excerpts of which were aired shortly thereafter on national television.

Wolf was more forgiving of the Chron‘s misleading headline because, as he put it, "headline writers don’t write the story, and the story itself was accurate." That said, the truth, according to Wolf, is that only after the feds gave up their demand that he testify did he agree to post his unedited video.

It’s a subtle distinction that was missing from some coverage of his release from federal prison, but it’s a significant omission that makes Wolf’s decision look like a coerced surrender. Wolf emphasized, "The subpoena demanded I give up my video and testify before a grand jury."

As for Scheer’s argument that Wolf shouldn’t have gone to prison for nothing, Wolfe said it misses the crucial point: complying with a federal subpoena hurts a journalist’s standing with sources.

"You can’t decide to only protect material if it’s of evidentiary value. And Scheer sidestepped the issue of testimony and the fact that the government agreed to not make me testify before a grand jury," Wolf told us.

The problem with grand juries, at least from a journalistic perspective, is that their inquisitional power is unlimited and their proceedings are secret. In other words, journalists can be suspected of snitching yet can’t prove they haven’t, all of which adds up to the kiss of death for reporters who cultivate the trust of confidential sources.

Wolf said he offered to give up his tape but did not offer to testify about it, as early as November 2006, but the feds rejected the latter part of his demand. Once they did agree in April that he wouldn’t have to testify about the tape’s contents, Wolf said there was no longer any point in refusing to release the tape itself.

Releasing the tape, Wolf said, helped put to rest the "suspicion that I had any relevant evidence."

"Sure, Josh had developed sources in the anarchist community, but that’s not what this was about," Wolf attorney James Wheaton told us. "It was about refusing to appear before the grand jury and testify or name names."

With a parallel debate raging about whether bloggers are journalists, Wolf said he hopes people will give him the benefit of the doubt and say he should have been protected.

"I believe my action served to be the strongest case for the need for a federal shield law," Wolf said. Local officials agree.

"What happened to Mr. Wolf is stark evidence that we need a federal shield law to make sure this does not happen again," District Attorney Kamala Harris said April 3.

Harris’s support for Wolf also highlights questions about the role San Francisco police officials played in this mess.

As part of the settlement that secured his release, Wolf answered no to two questions: did he see anybody throw anything at the squad car that was part of an alleged arson, and did he see whom SFPD officer Peter Shields was chasing before his skull got fractured?

"Answering questions about which you know nothing is not a violation of journalistic ethics," Wheaton told the Guardian. "But those same questions prove that law enforcement misused the Joint Terrorism Task Force, which was set up to investigate terrorism but which they used to get around California’s shield laws."

Public records show that the SFPD requested the help of the JTTF and the FBI to investigate the assault on Shields. That assault should be under the jurisdiction of the DA’s Office. But by framing the case as an alleged arson to a car, for which the department received some funds courtesy of the Department of Homeland Security, law enforcement was able to federalize the investigation.

With Wolf’s unedited video showing one police officer wildly pointing his gun at protesters in apparent violation of the SFPD’s general orders, questions remain as to who will hold law enforcement accountable for what’s on this long-disputed tape. *

‘WHEN WE WERE YOUNG’: Gen Xers don’t wanna be cops ‘cause they’re fat and lazy, says Gary Delagnes — PLUS! Police commissioner David Campos responds to the POA’s call for his resignation

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By G.W. Schulz

There’s never a shortage of bitching over at the San Francisco Police Officers Association. And the best place to find it lying exposed, unshaven and clad in patent-leather stirrups without so much as a single blush is in the cop union’s monthly newsletter, the POA Journal.

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As attorney Mark Schlosberg at the ACLU of Northern California will tell you, there’s no better place than the POA Journal for an honest assessment of what the SFPD’s rank and file is really thinking. And leading each edition of the Journal is a scribe from outspoken union president Gary Delagnes that’s sometimes funny but mostly unsettling.

Without further ado, ladies and gentleman, welcome to another edition of “What’s the city’s cop union bitching about now?”

This past year actually treated the POA quite well, what with the state Supreme Court’s Copley decision sealing off police disciplinary records from public scrutiny, Berkeley losing a subsequent legal challenge to the ruling and the SFPD’s general success in slowing down the implementation of a program designed to track and flag lunatic cops.

Candlelight vigil for murdered Nicaraguan immigrant

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By G.W. Schulz

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Friday vigil for Ruby Ordenana, aka Ruby Rodriguez

Supporters of the strangulated Nicaraguan immigrant and transgendered sex worker Ruby Ordenana held a candlelight vigil for her on Friday at Indiana and Cesar Chavez streets in Potrero Hill where her body was found stripped of clothing March 16.

Police were finally able to identify her last Thursday and are still trying to figure out what happened. Another transgendered sex worker was found beaten and raped in the same area last summer, so people are reasonably enough a little freaked out. Just 27 years old, Ordenana faced all manner of obstacles already, even in San Francisco, without having to face the threat of a violent assault.

We haven’t found any updates on the investigation so far, but good sam bloggers should keep posting the SFPD’s homicide division phone number for witnesses to call with information: 415-553-1145.

Some clown called into the Chronicle complaining about the paper’s respect for Ordenana’s MTF gender identity. What’s it to you, pal? Your crime blotter has to be politically sterilized, too? He even suggested such reporting was to blame for the Chron’s declining circulation. Uh, yeah. And by extension, perhaps, the city’s homicide rate could somehow be directly linked to the Chron‘s declining circulation. That probably has more to do with industry factors and the Chron‘s dorky lifestyle coverage, e.g. the lackluster sex column. Just my guess, goober.

Home invasion

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› gwschulz@sfbg.com

Don Barsuglia worried security was deteriorating at the SoMa public housing complex where he’s lived for about eight years after he watched a body drop past his ninth-floor balcony window late one evening.

A would-be thief had climbed over the 10th-floor balcony during an escape attempt after stealing a few thousand dollars from another resident in Clementina Towers, located close to Sixth Street between Howard and Folsom. The man misjudged his footing and dropped to his death below before police could arrive.

"He probably thought my balcony was open," Barsuglia told the Guardian. "However, I have a bird net on my balcony. So when he went to go down, he hit my net, and good-bye, Mr. Spider-Man. Splat. That’s it, man."

That was enough for Barsuglia, who joined dozens of angry public housing residents last week at City Hall for a special hearing on safety and living conditions, which was organized by Sup. Chris Daly, whose District 6 includes Clementina’s neighborhood.

The 74-year-old Barsuglia recounts with verve the building’s recent run-ins with dope dealers, prostitutes, and knife-wielding teenage stickup artists. Several years ago his building and a neighboring tower had two 24-hour security guards, he said, but they’re now down to one. And just a few weeks ago, when daytime watches were trimmed back to save money, Barsuglia and other residents say they noticed a marked difference.

"It’s neglect by management and administration," he said of the San Francisco Housing Authority. "They pay no attention to us … totally ignored. They don’t even return calls."

Daly’s office has been inundated with grievances from people frightened by an uptick in crime at public housing, including the Ping Yuen complex on Pacific Avenue in Chinatown and Sala Burton on Turk Street in the Tenderloin.

Clementina, built in the early ’70s, houses low-income elderly and disabled residents in 275 studios and one-bedroom apartments. The building is supervised by the trouble-plagued Housing Authority, which faced a litany of questions at the meeting about a diminished security presence at several of its 52 developments across the city.

In November 2006 housing officials sent an abrupt memo to residents notifying them that the authority would have to "explore other methods" for policing its senior and disabled housing sites due to cash shortages.

Progressives on the Board of Supervisors have set their sights on the authority’s seven-member commission, composed of mayoral appointees, demanding at the hearing that Mayor Gavin Newsom consider a shake-up of its membership. No one from the Housing Authority Commission attended the meeting.

"Where are they?" Sup. Tom Ammiano asked after hearing a steady stream of emotional public comments. "I find it criminal, and I challenge the mayor to look at his appointments. Are they the right people for the commission?"

A 51-year-old heart patient who’s lived at Clementina for nine years told the Guardian she positions her motorized wheelchair against the door each night for additional safety. The headboard of her bed seals off one of the windows. Full-time security returned to the building recently, but the woman, who asked not to be named, fearing an assault, said that when the single guard checks each of the 26 floors, nonresidents manage to sneak in. She said that just last week a duo armed with a hammer and a knife robbed an older man living in the building.

"It used to be nice and quiet," she said. "Our front doors we could leave open with just the chain on…. [Now] I’m not sleeping in my bedroom. I’m sleeping on my couch facing the door."

The authority’s embattled executive director, Gregg Fortner, blames it on the White House and congressional cuts to the federal Department of Housing and Urban Development (HUD), the bureaucracy that controls his bank account. The money available for armed and unarmed patrols at public housing in San Francisco has dropped by half in the last six years, according to figures Fortner furnished at our request.

A contingent of San Francisco Police Department officers is hired for $83,000 a month to patrol the "Big Four" public housing projects — Sunnydale, Alice Griffith, Hunters View, and Potrero — where many of the city’s headline-grabbing violent crimes occur. That approach was recently expanded to the Western Addition.

Fortner was already struggling to stay out of the papers without the most recent security headaches. In a series of stories published in 2005, the Guardian exposed dangerous and unhealthy conditions at the city’s public housing projects, sparking promises by city officials to fix the problems. And Fortner has also been threatened with jail time by a judge for refusing to pay out millions of dollars the agency owes on verdicts in civil lawsuits.

In addition, last week the Guardian obtained more than 100 forms filled out by public housing residents detailing chronically deplorable living conditions that apparently continue unabated citywide. Compiled by local organizers of the Association of Community Organizations for Reform Now (known nationally as ACORN), the reports of maintenance failure betray stubborn structural decay that persists despite frequent promises of reform from City Hall.

"Bathroom tub leaks through ceiling," one of them reads, closely echoing many of the other complaints. "Stove is broken. Roaches. Holes in my walls; some as big as a square foot."

"My kitchen window has been broken for eight months (due to burglary) and it keeps my house cold," another reads. Most of the maintenance failures have persisted for months, even years. Other complaints depict half-assed repairs that did little or nothing to fix the problem.

In response, Fortner told us tenants are charged for repairs if the authority determines they’re at fault, which leads some to avoid lodging complaints. He maintains that emergency work orders are handled within 24 hours and all others before 30 to 45 days are up.

"We did 63,000 work orders from Oct. 1, 2005, to Sept. 30, 2006," Fortner said. "That’s like 10 work orders per unit, per year. I don’t know where you live, but do you have a repairman in your unit once a month to fix something? We have an old stock that’s falling apart."

But beyond the indignant outcry and public hearings, no one at City Hall except the mayor is in a position to do anything about public housing unless San Francisco decides to take over the authority completely, which some supervisors have discussed informally. The authority answers mostly to the feds.

Fortner warned that when local governments attempt to babysit their housing authorities, they inevitably get into trouble with HUD. In fact, the Berkeley City Council fired itself last week as the charge of its housing authority because of pressure from HUD.

And the burglar who fell to his death at Clementina Towers? SFPD spokesperson Sgt. Neville Gittens told us he was 19 years old and had been working as a caretaker for his victim. The two quarreled over the money, and a neighbor eventually made a noise complaint to the guard downstairs. When the guard arrived, he managed to block the alleged perp from leaving through the front door but couldn’t keep him from making a gruesome exit out the back.

Other residents told the committee shady figures scaled the exteriors of the towers all the time and were doing so with more frequency. Fortner told the committee it was the first he’d heard of the problem. Maybe his promise of a new tip line for residents will prevent ignorance as an excuse in the future. Or maybe not. *

Making Lemonade of the Chron’s Lemon

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By Sarah Phelan

It’s hard to stay in the public eye when you’re stuck in jail and denied in-person and on-camera interviews, as freelance journalist Josh Wolf has been for the over six months. So, I have to give it to Chronicle columnist Debra Saunders for reminding everyone of Josh Wolf’s plight, even if what I really have to give Saunders is a Lemon Award.

Saunders tries to spin Wolf’s case with the old smear that Wolf isn’t really a journalist. It’s a spin that began in the SFPD and the US Attorney General’s Office, as the Bay Guardian discovered months ago, but doesn’t stand up to scrutiny. The minute Wolf sold his footage to KRON-TV, his work qualified as news. And journalism is about gathering and spreading the news, not sitting in a corporate headquarters and drawing a pay check to write spin.

Saunders also tries to smear Wolf by belittling his efforts to tell stories compared to those of “real journalists, such as the Chronicle’s Lance Williams and Mark Fairanu-Wada.” If Saunders is going to refer to the whole “confidentiality source agreement” business, then maybe she should remind readers of the whole sordid story behind that affair.

Next, she tries to smears Wolf case by accusing the Board of Supervisors of not having done everything they could to find out who attacked Officer Peter Shields, who was out of work for a year after his skull was fractured during the protest that Wolf filmed. Too bad, she didn’t figure out that
investigators have federalized the case on bogus grounds
: there was no arson of a police car, just a broken taillight. But, hey, how else were they gonna get around California’s reporter shield laws. (Other than by claiming that Wolf wasn’t a journalist.)

Finally, Saunders tries to smear Wolf with a bait and switch: apparently, this isn’t about an attack on a cop. It’s about an attack on a gay man. Last time, we checked, Wolf did not attack any cops, straight or gay. Nor did he film the attack in question. What he did film was the other officer beating up an anarchist. But who cares about the truth when you’re busy spinning?

The only thing that seems to concern Saunders about Wolf being caged is that it’s costing tax payers dollars. Yeah. Along with trying to turn Wolf into an investigative tool of the government and chill dissent in the process. But who cares about free speech?

So, thanks, Saunders, for reminding us about Wolf. Enjoy the lemonade.

Chasing my stolen bicycle

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› news@sfbg.com

I stalked across the parking lot of the Mission District’s Best Buy. Like the hordes of people that streamed into the store, I was there to do a little shopping, but it wasn’t for a flat-screen TV or an iPod. I was in the market for a stolen bike.

I bypassed the aisles of buzzing electronics and headed around the back of the store to a trash-strewn alley. It was empty except for a beat-up white van with its side door ajar. I took a nervous breath and knocked on the side.

A blond man in a sweat-stained undershirt threw open the door to reveal what looked like an upended Tour de France chase car: piles of tire rims, gears, and bike frames were scattered everywhere. The powerful stink of unwashed bodies stung my nostrils. A man in a tracksuit slumbered on a seat. The blond man looked sleepy and annoyed but waited for me to speak.

My $600 bike was stolen — the third in five years — from my Mission garage the night before, and it’s here I was told by a bike messenger that I might find it. These guys were rumored to be bike thieves operating in the Mission.

"Hey man, have you seen a black and gray Fuji Touring?" I asked, employing a euphemism.

"No, we don’t steal bikes," the man said, catching my drift. "We collect bikes off the street, repair them, and then sell them. We’re like independent businessmen."

Interesting way of putting it, I thought, as I glanced at the "businessman" slumbering on a van seat. I glanced around the van half expecting to see my Fuji, but it wasn’t there, so I left.

As I trudged home I stewed. I had lost more than $1,000 worth of bikes in San Francisco. Bike theft is a virtual right of passage for most cyclists in the city, and the city’s thieves seem to operate with ninjalike stealth and efficiency. One cyclist told me how a thief stole his locked ride while he picked up a burrito from a taquería. He wasn’t away from the bike for more than five minutes.

The city’s thieves have even won a silver medal for their efforts: in 2006 the lockmaker Kryptonite ranked San Francisco as the nation’s second worst city for bike theft, behind New York.

Gradually, my anger hardened into resolve, or more precisely, a mission. It would be virtually impossible, but I would set out to find my bike. The thought that my life would mirror the plot of a Pee-wee Herman movie was more than a little amusing, but I had a job to do.

In my months-long quest I crisscrossed the city, chasing down Dickensian thieves, exploring the city’s largest open-air market for stolen goods, and finally landing in the surprising place where hundreds of stolen bikes — perhaps yours — end up. Unwittingly, I pedaled right into San Francisco’s underworld.

THE GURUS OF GREASE


Bike theft may seem like petty street crime, but it’s actually a humming illegal industry. Consider this: thieves steal nearly $50 million worth of bikes each year in the United States, far outstripping the take of bank robbers, according to the FBI. And in San Francisco’s rich bicycling culture, thieves have found a gold mine. About 1,000 bikes are reported stolen in the city each year, but the police say the actual number is probably closer to 2,000 or 3,000, since most people don’t file reports.

"It’s rampant," Sgt. Joe McCloskey of the San Francisco Police Department told the Guardian.

I sought out McCloskey, the SFPD’s resident expert on bike theft, and another man, Victor Veysey, to give me a wider view of San Francisco’s world of bike thieves and possibly a lead on where I might find my bike. Several cyclists had recommended Veysey, saying he could provide a "street level" view of bike theft.

Veysey is the Yoda of San Francisco’s bike world. For more than a decade, the 39-year-old has worked on and off as a bike messenger, mechanic, and member of the city’s Bike Advisory Committee. He also ran the Bike Hut, which teaches at-risk youth how to repair bikes. And he’s in a band that plays a tune called "Schwinn Cruiser."

Despite their different perspectives (the city’s police and biking communities are not the best of friends), McCloskey and Veysey painted remarkably similar pictures of San Francisco’s black market for bikes.

In the wide world of illegal activity, bike thievery seems to occupy a criminal sweet spot. It is a relatively painless crime to commit, and city officials do little to stop it. As McCloskey readily admitted, bike theft is not a priority for law enforcement, which he said has its hands full with more serious crimes.

"We make it easy for them," McCloskey said of bike thieves. "The DA doesn’t do tough prosecutions. All the thieves we’ve busted have got probation. They treat it like a petty crime."

Debbie Mesloh, a spokesperson for District Attorney Kamala Harris, said most bike thieves are not prosecuted, but that’s because they are juveniles or they qualify for the city’s pretrial diversion program. The diversion program offers counseling in lieu of prosecution for first-time nonviolent offenders. Bike thieves qualify for it if they steal a bike worth $400 or less. Mesloh said the District Attorney’s Office prosecutes felony bike thefts, but it doesn’t get very many of those cases.

"The DA takes all cases of theft seriously," Mesloh wrote in an e-mail.

As for the police, McCloskey was equally blunt. "You can’t take six people off a murder to investigate a bike theft. [Bike theft investigations] are not an everyday thing. No one is full-time on bike theft. As far as going out on stings and operations, I haven’t heard of one in the last year. Bike theft has gone to the bottom of the list."

McCloskey’s comments were particularly interesting in light of the conversation I had with Veysey, whom I met at the Bike Hut, an off-kilter wood shack near AT&T Park that appears as if it might collapse under the weight of the bicycle parts hanging on its walls. Veysey has a loose blond ponytail and greasy hands. He wields a wrench and apocalyptic environmental rhetoric equally well.

"Bikes are one of the four commodities of the street — cash, drugs, sex, and bikes," Veysey told me. "You can virtually exchange one for another."

Veysey believes bike thefts are helping prop up the local drug market. It sounds far-fetched, but it’s a notion McCloskey and other bike theft experts echoed. The National Bike Registry, a company that runs the nation’s largest database for stolen bikes, says on its Web site, "Within the drug trade, stolen bicycles are so common they can almost be used as currency." Veysey believes the police could actually take a bite out of crime in general by making bike theft a bigger priority in the city.

Perhaps bikes are so ubiquitous in the drug trade because they are so easy to steal. McCloskey and Veysey said thieves often employ bolt cutters to snap cable locks or a certain brand of foreign car jack to defeat some U-locks. The jack slips between the arms of the U-lock and, as it is cranked open, pushes the arms apart until the lock breaks. A bike-lock maker later showed me a video demonstrating the technique. It took a man posing as a thief less than six seconds to do in the U-lock.

As with any other trade, McCloskey and Veysey said there is a hierarchy in the world of San Francisco bike thieves. At the bottom, drug addicts (like the one Veysey believes stole my bike) engage in crimes of opportunity: snatching single bikes. At a more sophisticated level, McCloskey said, a small number of thieves target high-end bikes, which can top $5,000 apiece. In 2005 police busted a bike thief who was specifically targeting Pacific Heights because of its expensive bikes. The thief said he wore natty golf shirts and khaki pants to blend into the neighborhood.

The Internet has revolutionized bike theft, just as it has done for dating, porn, and cat videos. McCloskey said thieves regularly fence bikes on eBay and Craigslist. In August 2004 police busted a thief after a Richmond District man discovered his bike for sale on eBay. Police discovered more than 20 auctions for stolen bikes in the man’s eBay account and an additional 20 stolen bikes in a storage space and at his residence.

When bikes aren’t sold outright, they are stripped, or in street vernacular, chopped, and sold piece by piece or combined with the parts of other bikes, Veysey said. He said people occasionally showed up at the Bike Hut trying to sell him these Frankenstein bikes. But by and large, McCloskey and Veysey said, bike stores are not involved in fencing stolen bikes. However, McCloskey said bikes stolen in the city often are recovered at flea markets around the Bay Area. He believes thieves ship them out of the city to decrease the chance of being caught. The National Bike Registry reports bikes are often moved to other cities or even other states for sale.

The idea of Frankenstein bikes was intriguing, so I told Veysey I was going to look into it. He suggested I make a stop first: Carl’s Jr. near the Civic Center. I was slightly perplexed by his suggestion, but I agreed to check it out.

FAST FOOD, HOT BIKES


"Welcome to the San Francisco Zoo — the human version," said Dalibor Lawrence, a homeless man whose last two teeth acted as goalposts for his flitting tongue. His description of the place was brutally apt: a homeless man banged on one of those green public toilets, shouting obscenities; a woman washed her clothes in a fountain; and several crackheads lounged on a wall with vacant stares.

I was at the corner of Seventh and Market streets. City Hall’s stately gold dome rose a short distance away, but here a whole different San Francisco thrived. Men slowly circulated around the stretch of concrete that abuts UN Plaza. Every so often one would furtively pull out a laptop, a brand new pair of sneakers, or even — improbably enough — bagged collard greens to try to sell to someone hustling by.

Seventh and Market is where the city’s underground economy bubbles to the surface. It’s a Wal-Mart of stolen goods — nearly anything can be bought or, as I would soon find out, stolen to order. McCloskey estimated as many as three in seven bikes stolen in San Francisco end up here. The police periodically conduct stings in the area, but the scene seemed to continue unabated.

I made my way to the front of the Carl’s Jr. that overlooks an entrance to the Civic Center BART station. I didn’t know what to expect or do, so I apprehensively approached three men who were lounging against the side of the restaurant — they clearly weren’t there for lunch. I asked them if they knew where I could get a bike. To my surprise, the man in the center rattled off a menu.

"I’ve got a really nice $5,300 road bike I will sell you for $1,000. I’ve got another for $500 and two Bianchis for $150 each," he said.

I told him the prices he listed seemed too good to be true and asked him if the bikes were stolen. People gave them to him, he explained dubiously, because they owed him money. I asked him about my Fuji, but he said he didn’t have it.

I walked around until I bumped into a woman who called herself Marina. She had a hollow look in her eyes, but I told her my story, and she seemed sympathetic. She sealed a hand-rolled cigarette with a lick, lit it, and made the following proposition: "I have a couple of friends that will steal to order — bicycles, cosmetics, whatever — give me a couple of days, and I will set something up."

I politely declined. McCloskey said steal-to-order rings are a common criminal racket in the city. Police have busted thieves with shopping lists for everything from Victoria’s Secret underwear to the antiallergy drug Claritin. In one case, McCloskey said, police traced a ring smuggling goods to Mexico.

A short time later a man rode through the plaza on a beat-up yellow Schwinn. He tried to sell the 12-speed to another man, so I approached him and asked how much he wanted for it. He told me $20. With a modest amount of bargaining, I got him down to $5 before telling him I wasn’t interested.

Just before I left, two police officers on a beat patrol walked through the plaza. Sales stopped briefly. As soon as the officers passed out of earshot, a man came up to me. "Flashlights," he said, "real cheap."

INSIDE A CHOP SHOP


After striking out at Seventh and Market, I figured it was time to investigate the chop shops Veysey mentioned. The San Francisco Bicycle Coalition (SFBC) reports bicycle chop shops operate all over the city. Thieves strip bikes because the parts (unlike the frames) don’t have serial numbers and can’t be traced as stolen once they are removed from a bike. The parts can be sold individually or put on another stolen bike to disguise it, hence the Frankenstein bikes that show up at the Bike Hut.

When Veysey told me about bicycle chop shops, I pictured something from a ’70s cop movie — a warehouse in an industrial district populated with burly men wielding blowtorches. But the trail led me somewhere else entirely: Golden Gate Park.

SFBC officials said they had received reports from a gardener about chop shops in the park. When I called Maggie Cleveland, a Recreation and Park Department employee responsible for cleaning up the park, she said they do exist and would show me what she thought was one if I threw on a pair of gloves, grabbed a trash bag, and joined one of her cleanup crews. I agreed.

Shortly before 8 a.m. on a foggy, chilly morning, the crew and I picked up mechanical grabbers and industrial-size trash bags and then climbed a steep hill near 25th Avenue and Fulton Street on the Richmond District side of the park. We plunged into a large camp in the middle of a hollowed-out grove of acacia bushes.

The camp looked like a sidewalk after an eviction. Books and papers vomited from the mouth of a tent. Rain-soaked junk littered the camp, including a golf bag filled with oars, an algebra textbook, a telescope, and a portable toilet. A hypodermic needle stuck in a stump like a dart and a gaudy brass chandelier swung from a branch. Amid the clutter was one constant: bicycles and their parts.

A half dozen bikes leaned against bushes in various states of repair. There were piles of tires and gears scattered around. The noise of the crew had awoken the residents of the camp. A man and two women sprung up and immediately tried to grab things as the crew stuffed the contents of the camp into trash bags. They grew more and more agitated as two dozen bags were filled.

Cleveland said the group may have been operating a chop shop, but she didn’t have definitive proof, so they were let go with camping citations. I asked one of the campers if their bikes were stolen.

"We find this stuff in the trash. There’s an economy here. We exchange stuff for other stuff," he said.

Cleveland said the camp was typical of what the crews find around the park. One of the most notorious campers goes by the name Bicycle Robert. Cleveland said park officials have found a handful of his camps over the past couple years. One contained more than two dozen bikes, but Robert himself has never turned up.

Occasionally, cyclists will get lucky and find their bikes at a chop shop. Max Chen was eating dinner in North Beach one night when his Xtracycle, a bicycle with an elongated back for supporting saddlebags, was stolen. Chen didn’t hold out much hope of getting it back, but he put up flyers around the neighborhood anyway.

The next day Chen got a call from a friend who said he saw a portion of the distinctive bike behind the Safeway at Potrero and 16th streets. Chen went down to the spot and found a group of guys with an RV, a handful of bicycles, and a pile of bike parts. His bike was there — sort of.

"The frame was in one place, and the pedals were on another bike. Other parts were on other bikes. I pointed to all the stuff that was mine and had them strip it. My frame had already been painted silver," Chen told me.

Not surprisingly, one of the men said he had bought Chen’s bike from someone in the Civic Center. Chen just wanted his bike back, so he forked over $60. The guys handed him a pile of parts in return.

WHERE BIKES GO TO DIE


A few days after the trip to Golden Gate Park, I finally got around to doing what I should have done when my bike was stolen: file a police report. Frankly, I waited because I held out little hope the police would be of any help.

It’s true few people get their bikes back through the police, but that’s in part because most people don’t try. In fact, the police are sitting on a cache of stolen bikes so big that it dwarfs the stock of any bike store in the city.

SFPD Lt. Tom Feney agreed to show it to me, so I trekked out to Hunters Point. The police stolen property room is located in an anonymous-looking warehouse in the Naval Shipyard. Feney ushered me through a metal door to the warehouse and then swept his hand through the air as if pointing out a beautiful panorama.

"There it is," he said.

Behind a 10-foot chain-link fence topped with razor wire, row upon row of bikes stretched along the floor of the warehouse. There were children’s bikes with hot pink paint, $2,000 road bikes, and everything in between. In all, the police had about 500 stolen bikes in the warehouse. The bikes are found abandoned on the street, recovered from stings on drug houses, and removed from bike thieves when they are busted. Many of the bikes aren’t stolen — they’ve been confiscated during arrests or are evidence in various cases. The department can’t return the stolen bikes because the owners haven’t reported them stolen. After holding them for 18 months, the police donate the bikes to charity.

I intently scanned up and down the rows looking for my bike. I didn’t see it. My last, best chance for finding it had disappeared. My heart dropped knowing my Fuji Touring was gone. Feney ushered me out the door, and I began the long, slow walk back to the bus stop.

The most frustrating part is that it doesn’t have to be this way. Police and bicycle groups said there are some simple steps city officials could take to cut down on bike theft, but the issue has long slipped through the cracks.

Officer Romeo de la Vega, who works the SFPD’s Fencing Unit, said he proposed a bike registration system a few months ago, but it was shot down by the police brass. De la Vega said he was told there simply weren’t enough officers available to staff the system. Under his plan cyclists would register their bike serial numbers with police. In return the cyclists would get a permanent decal to place on their bikes. De la Vega said this would discourage thieves from stealing bikes since it would be clear they were registered, and it would speed bike returns.

With police officials claiming there are few resources to combat bike theft, it seems logical they might reach out to the community for help. But officials with the SFBC report just the opposite.

"In the past we’ve tried to connect with the police to jointly tackle the problem, but we haven’t had much luck. We don’t even know who is handling bike thefts," Andy Thornley, the SFBC program director, said.

Thornley said the coalition is willing to use its membership to help police identify chop shops and fencing rings around the city. He said the police need to do a better job of going after the larger players in the bike theft world and the District Attorney’s Office needs to take a tougher stance on prosecution.

Ultimately, Thornley said, enforcement is not the key to reducing bike theft. He said the city must make it easier for cyclists to park their bikes safely. The coalition is crafting legislation that would require all commercial buildings to allow cyclists to bring their bikes inside — something many currently prohibit. The coalition would also like to see bike parking lots spring up around the city, with attendants to monitor them.

Supervisor Chris Daly, who is an avid cyclist and has had six bikes stolen, said he is willing to help.

"It’s clear we are not doing very much," Daly said. "I think if there were a push from bicyclists to do a better job, I would certainly work toward making theft more of a priority." *

Cops behaving badly

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By Tim Redmond

Three interesting items today that reflect on the state of the SFPD:

David Hill is convicted of second-degree murder in the killing of Officer Isaac Espinoza. That means he’ll get life without parole — but not the death penalty. From the start of this case, D.A. Kamala Harris refused to push for death, in part because she doesn’t support the death penalty but also because she insisted that it was very unlikely a jury would return a verdict of first-degree murder here. The cops went batshit on her. Guess what? She was right.

The feds put a 60-year-old woman in prison for cutlivating medical marijuana — with the help, Fog City Journal charges, of of a San Francisco cop. Yet another example of the SF cops working with the feds to contravene local law.

The Chron finally reports on the resignation of OCC director Kevin Allen but missed the larger point: The Police Officers Association apparently cheered Allen’s resignation, which was based in part on health issues. When will the chief tell her troops to stop acting like thugs?

EDITOR’S NOTES

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› tredmond@sfbg.com
It sucks to be in jail. Trust me on this.
I’ve never been in a state prison, but I’ve done my time — in small stretches — in county, mostly for political protests, and while it all seemed so noble ahead of time and may sound noble in retrospect, when I was there it wasn’t anything except really shitty.
I was a white guy locked up for nonviolent crimes that even the authorities didn’t take too seriously and never had to stay for more than 10 days. I was never in a high-security unit or stuck with really hardcore criminals. In fact, the time I was in Santa Rita, as a guest of Alameda County, I’d been arrested with Cecil Williams, who was almost a minor deity to many of the inmates, so nobody even thought of treating us white protesters with anything but respect.
Still: it sucked.
You get up every morning and look out the heavily fortified windows to see a world from which you are utterly separated. You have no control over your life — you eat, sleep, work when you’re told. You walk where the guards tell you to walk. There is no privacy. You’re being watched all the time. A lot of the rules are totally random and are often enforced the same way; you can’t get any answers to anything, including what you may have done wrong.
By about my fifth day at Santa Rita, I had lost all sense of the righteousness of my cause. I just wanted to get the hell out of there. My only source of comfort was that I knew when my time would end.
Josh Wolf doesn’t even have that. He’s stuck in a federal pen because he won’t turn over to the authorities videotapes of a demonstration. It’s not like a 10-day or six-month sentence either: he has to stay until either he turns over the material or the grand jury that subpoenaed it dissolves. The jury’s term ends in July, but the US attorney can simply empanel a new one, renew the subpoena — and put Wolf back in jail again.
It’s a terrifying situation for a 24-year-old who never set out to be anyone’s hero or standard-bearer. I can’t imagine what it must be like. The temptation to just give up and turn the stuff over must be overwhelming. I give the guy immense credit for sticking it out and standing up for an important journalistic principle.
Wolf clearly isn’t going to get any help right now from the judicial branch. The Ninth Circuit Court of Appeals has just rejected his final motion and announced that it won’t accept any more filings in the case.
The Society of Professional Journalists did its part by naming Wolf one of its journalists of the year. Supervisors Ross Mirkarimi and Chris Daly pushed a resolution supporting him. There might be another angle for the supes, though: this entire case exists because the San Francisco Police Department brought in the feds to investigate an anarchist rally at which a cop was hit in the head. Could the board direct the SFPD to officially revoke its request and inform the US Attorney’s Office that it no longer wants the video? Can the city officially close its investigation and tell the feds to close theirs too? At the very least, the supes should look into it. SFBG

The other home of Bay hip-hop

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› a&eletters@sfbg.com
If you don’t know about the Filthy ’Moe
It’s time I let real game unfold….
Messy Marv, “True to the Game”
I meet Big Rich on the corner of Laguna and Grove streets, near the heart of the Fillmore District according to its traditional boundaries of Van Ness and Fillmore, although the hood actually extends as far west as Divisadero. “Me personally,” the 24-year-old rapper and lifelong ’Moe resident confesses, “I don’t be sticking my head out too much. But I make sure I bring every photo session or interview right here.”
At the moment he’s taping a segment for an upcoming DVD by the Demolition Men, who released his mixtape Block Tested Hood Approved in April. Since then, the former member of the San Quinn–affiliated group Fully Loaded has created a major buzz thanks in part to the snazzy video for “That’s the Business,” his E-A-Ski- and CMT-produced single, which was the Jam of the Week in August on MTV2 and added to straight-up MTV in time for the Oct. 3 release of the Koch full-length Block Tested Hood Approved. (Originally titled Fillmore Rich, the album was renamed to capitalize on the mixtape-generated hype.)
Presented by E-40 and featuring Rich’s dope in-house producer Mal Amazin in addition to heavyweights such as Sean-T, Rick Rock, and Droop-E, BTHA is a deep contribution to the rising tide of Bay Area hip-hop. While Big Rich’s gruff baritone delivery and gritty street tales make his music more mobster than hyphy, the album is not unaffected by the latter style’s up-tempo bounce, helping the movement hold national attention during this season of anticipation before Mistah FAB’s major-label debut on Atlantic. “I don’t necessarily make hyphy music,” Rich says. “But I definitely condone it. As long as the spotlight is on the Bay, I’m cool with it.” Coming near the end of a year that has seen landmark albums from San Quinn, Messy Marv, Will Hen, and fellow Fully Loaded member Bailey — not to mention JT the Bigga Figga’s high-profile tour with Snoop Dogg, which has taken hyphy all the way to Africa — Rich’s solo debut is one more indication of the historic district’s importance to the vitality of local hip-hop and Bay Area culture in general.
THE EDGE OF PAC HEIGHTS
The Fillmore is a community under siege, facing external and internal pressures. On the one hand, gentrification — in the form of high-end shops and restaurants serving tourists, Pacific Heights residents, and an increasingly affluent demographic creeping into the area — continues to erode the neighborhood’s edges. “If you grew up in the Fillmore, you can see Pacific Heights has crept down the hill, closer to the ghetto,” says Hen, who as a member of multiregional group the Product (assembled by Houston legend Scarface) moved more than 60,000 copies of its recent “thug conscious” debut, One Hunid (Koch). “Ten years ago there were more boundaries. But the Fillmore’s prime location, and I’m not asleep to this fact. We’re five minutes away from everything in the city. That has to play a role in the way the district is represented in a city that makes so much off tourism. You might not want your city portrayed as gangsta, even though it is.”
Hen has a point. The notion of San Francisco as gangsta is somewhat at odds with the way the city perceives itself. As an Oakland writer, I can attest to this, for even in San Francisco’s progressive artistic and intellectual circles, Oakland is usually understood to be beyond the pale in terms of danger and violence. Yet none of the Oakland rappers I’ve met talk about their hoods in quite the same way Fillmore rappers do, at least when it comes to their personal safety. As Big Rich films his section of the DVD, for example, he remarks on the continual stream of police cruisers circling the block.
“They slowed it down,” he says. “Now they only come every 90 seconds. Right around here is murder central — people be shooting each other every night. By 7 o’clock, we all gotta disperse, unless you want to get caught in the cross fire.” He waves his hands in mock terror. “I ain’t trying to die tonight!”
“BUSTING HEADS”
Though Rich is clowning, his statement is perfectly serious — indiscriminate gunfire among gang members, often in their early teens, makes nocturnal loitering a risky proposition at best. As of September, according to the San Francisco Police Department’s Web site, the Northern Police District, which includes the Fillmore, had the city’s second highest number of murders this year, 11, ceding first place only to the much larger Bayview’s 22. For overall criminal incidents, the Northern District led the city, at more than 10,000 so far.
Though Fillmore rappers might be given to stressing the danger of their hood, insofar as such themes constitute much of hip-hop’s subject matter and they feel the need to refute the city’s nongangsta image, no one I spoke to seemed to be boasting. They sounded sad. Hen, for example, reported that he’d been to three funerals in October, saying, “You hardly have time to mourn for one person before you have to mourn for the next person.” While the SFPD’s Public Affairs Office didn’t return phone calls seeking corroboration, both Rich and Hen indicate the neighborhood is suffering from an alarming amount of black-on-black violence.
“Basically, it’s genocide. We’re going to destroy each other,” Hen says. “It used to be crosstown rivalries rather than in your backyard. Now there’s more of that going on. If you get into it at age 15, the funk is already there. Whoever your crew is funking with, you’re in on it.” The ongoing cycle of drug-related violence — the Fillmore’s chief internal pressure — has only ramped up under the Bush administration’s regressive economic policies. It’s a fact not lost on these rappers: as Rich puts it succinctly on BTHA, “Bush don’t give a fuck about a nigga from the hood.”
“Everybody’s broke. That’s why everybody’s busting each other’s heads,” explains Rich, who lost his older brother to gun violence several years ago. “If you don’t know where your next dollar’s coming from …”
To be sure, the rappers give back to the Fillmore. They support large crews of often otherwise unemployable youth, and Messy Marv, for example, has been known to hand out turkeys for Thanksgiving and bikes for Christmas. But Bay Area rap is only just getting back on its feet, and while the rappers can ameliorate life in the Fillmore’s housing projects, they don’t have the means to dispel the climate of desperation in a hood surrounded by one of the most expensive cities on earth. Moreover, they are acutely aware of the disconnect between their community and the rest of the city, which trades on its cultural cachet.
“It’s like two different worlds,” Hen muses. “You have people sitting outside drinking coffee right in the middle of the killing fields. They’re totally safe, but if I walk over there, I might get shot at. But the neighborhood is too proud for us to be dying at the hands of each other.”
HOOD PRIDE
The neighborhood pride Will Hen invokes is palpable among Fillmore rappers. “I get a warm feeling when I’m here,” Messy Marv says. “The killing, you can’t just say that’s Fillmore. That’s everywhere. When you talk about Fillmore, you got to go back to the roots. Fillmore was a warm, jazzy African American place where you could come and dance, drink, have fun, and be you.”
Mess is right on all counts. Lest anyone think I misrepresent Oaktown: the citywide number of murders in Oakland has already topped 120 this year. But my concern here is with the perceived lack of continuity Mess suggests between the culture of the Fillmore then and now. By the early 1940s, the Fillmore had developed into a multicultural neighborhood including the then-largest Japanese population in the United States. In 1942, when FDR sent West Coast citizens of Japanese origin to internment camps, their vacated homes were largely filled by African Americans from the South, attracted by work in the shipyards. While the district had its first black nightclub by 1933, the wartime boom transformed the Fillmore into a major music center.
“In less than a decade, San Francisco’s African American population went from under 5,000 to almost 50,000,” according to Elizabeth Pepin, coauthor of the recent history of Fillmore jazz Harlem of the West (Chronicle). “The sheer increase in number of African Americans in the neighborhood made the music scene explode.”
Though known as a black neighborhood, Pepin says, the Fillmore “was still pretty diverse” and even now retains vestiges of its multicultural history. Japantown persists, though much diminished, and Big Rich himself is half Chinese, making him the second Chinese American rapper of note. “My mother’s parents couldn’t speak a lick of English,” he says. “But she was real urban, real street. I wasn’t brought up in a traditional Chinese family, but I embrace it and I get along with my other side.” Nonetheless, Pepin notes, the massive urban renewal project that destroyed the Fillmore’s iconic jazz scene by the late ’60s effectively curtailed its diversity, as did the introduction of barrackslike public housing projects.
The postwar jazz scene, of course, is the main source of nostalgia tapped by the Fillmore Merchants Association (FMA). Talk of a musical revival refers solely to the establishment of upscale clubs — Yoshi’s, for example, is scheduled to open next year at Fillmore and Eddy — offering music that arguably is no longer organically connected to the neighborhood. In a brief phone interview, Gus Harput, president of the FMA’s Jazz Preservation District, insisted the organization would “love” to open a hip-hop venue, although he sidestepped further inquiries. (Known for its hip-hop shows, Justice League at 628 Divisadero closed around 2003 following a 2001 shooting death at a San Quinn performance and was later replaced by the Independent, which occasionally books rap.) The hood’s hip-hop activity might be too recent and fall outside the bounds of jazz, yet nowhere in the organization’s online Fillmore history (fillmorestreetsf.com) is there an acknowledgement of the MTV-level rap scene down the street.
Yet the raucous 1949 Fillmore that Jack Kerouac depicts in his 1957 book, On the Road — replete with protohyphy blues shouters like Lampshade bellowing such advice as “Don’t die to go to heaven, start in on Doctor Pepper and end up on whisky!” — sounds less like the area’s simulated jazz revival and more like the community’s present-day hip-hop descendants.
How could it be otherwise? The aesthetics have changed, but the Fillmore’s musical genius has clearly resided in rap since Rappin’ 4Tay debuted on Too $hort’s Life Is … Too $hort (Jive, 1989), producer-MC JT the Bigga Figga brought out the Get Low Playaz, and a teenage San Quinn dropped his classic debut, Don’t Cross Me (Get Low, 1993). While there may not be one definitive Fillmore hip-hop style, given that successful rappers tend to work with successful producers across the Bay regardless of hood, Messy Marv asserts the ’Moe was crucial to the development of the hyphy movement: “JT the Bigga Figga was the first dude who came with the high-energy sound. He was ahead of his time. I’m not taking nothing away from Oakland, Vallejo, or Richmond. I’m just letting you know what I know.”
In many ways the don of the ’Moe, San Quinn — reaffirming his status earlier this year with The Rock (SMC), featuring his own Ski- and CMT-produced smash, “Hell Ya” — could be said to typify a specifically Fillmore rap style, in which the flow is disguised as a strident holler reminiscent of blues shouting. While both Messy Marv and Big Rich share affinities with this delivery, Will Hen, for instance, and Quinn’s brother Bailey — whose Champ Bailey (City Boyz, 2006) yielded the MTV and radio success “U C It” — favor a smoother, more rapid-fire patter.
What is most striking here is that, with the exception of fellow traveler Messy Marv (see sidebar), all of these artists, as well as recent signee to the Game’s Black Wall Street label, Ya Boy, came up in the ’90s on San Quinn’s influential Done Deal Entertainment. Until roughly two years ago, they were all one crew. While working on his upcoming eighth solo album, From a Boy to a Man, for his revamped imprint, Deal Done, Quinn paused for a moment to take justifiable pride in his protégés, who now constitute the Fillmore’s hottest acts.
“I create monsters, know what I’m saying?” Quinn says. “Done Deal feeds off each other; that’s why I’m so proud of Bailey and Rich. We all come out the same house. There’s a real level of excellence, and the world has yet to see it. Right now it seems like we’re separate, but we’re not. We’re just pulling from different angles for the same common goal.”
“We all one,” Quinn concludes, in a statement that could serve as a motto for neighborhood unity. “Fillmoe business is Fillmoe business.” SFBG
myspace.com/bigrich
myspace.com/williehen
myspace.com/sanquinn

Josh Wolf, petition denied, to remain in jail until July

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By Sarah Phelan
It looks like Josh Wolf, the jailed freelance videographer and blogger, will be stuck inside Dublin Federal Correctional Institute until July 2007.
That at least is the word from Wolf’s lead attorney Martin Garbus today, following news that the 9th Circuit has denied Wolf’s petition for a rehearing in USA v Josh Wolf.
Wolf’s legal team asked for a rehearing on the basis that the 9th Circuit court, which previously ruled that Wolf does not the right to withhold video outtakes of a July 8, 2005 anarchist protest turned violent, had however granted that privilege in the Jaffee case, when a police officer didn’t want the family of a fatal shooting victim to access notes from a series of counseling sessions that the officer in question underwent following the shooting.
Evidently, the 9th Circuit didn’t agree. Not only did it deny the petition and rule that the motion to reinstate bail is moot, it also wrote that “no further filings shall be accepted in this case.”
Sounds like Wolf will be playing lots of Scrabble and reading lots of books until next summer.
Meanwhile, Chronicle reporters Lance Williams and Mark Fainaru-Wade have yet to serve any jail time for refusing to testify before a federal grand jury that’s investigating who leaked them secret testimony of Barry Bonds, Jason Giambi and others in the Bay Area Laboratory Co-Operative scandal.
What’s ironic about this discrepancy between how the BALCO reporters and Wolf are being treated is that the feds could at least argue a connection to the BALCO case, whereas the protest that Wolf covered and which subsequently sparked their interest took place in San Francisco and should, by all rights, have been investigated locally.
Could it be that these differences are purely a case of the corporate media getting preferential treatment over freelancers? Perhaps. But questions as to whether reporters are shielded from revealing their sources date back to 1972, when US Supreme Court Justice Byron White ruled, in Branzburg v. Hayes, that reporters must answer relevant questions that are asked in a valid grand jury investigation.
Since then, judges largely ignored Branzburg, believing that it’s important to balance the First Amendment rights of journalists against the public right’s to know. But then came Bush, 9/11 and the “war on terror,” at which point First Amendment freedoms began to take a back seat.
Consider that in 2003, a federal appeals court, citing Branzburg, ordered Chicago Sun-Times and Chicago Tribune reporters to divulge recordings of interviews of a witness in a terrorism case. The same case was made in the federal investigation as to who leaked the name of CIA agent Valerie Plame, and New York Times reporter Judith Miller spent 85 days in jail in 2005 for refusing to testify in that case, which resulted perjury and obstruction of justice charges against Vice President Dick Cheney’s top aide, Lewis I. “Scooter” Libby. And this year, the US Justice Department has been investigating whether classified information was illegally leaked to the Washington Post about the secret CIA prisons in Eastern Europe, as well as who told the New York Times about President Bush’s secret plan to eavesdrop on Americans. All of which could be seen as an effort to suppress leaks to journalists.
To add to the confusion, accusations have been made in the BALCO case that it was the federal government which leaked the testimony to the Chronicle reporters. While those accusations have not been proven to date, the truth is that the feds certainly have benefited from the Chron’s revelations, given that Major League Baseball have subsequently adopted stricter steroid rules and the feds have been able to push through harsher penalties for steroid dealers.
What’s striking about the path to Josh Wolf’s incarceration is how he became the target of a federal investigation although his case had no obvious connection to the feds. So far, the feds have trotted out disturbingly vague arguments about how they should be involved because of alleged arson to a squad car that may or may not have been purchased with federal funds. But the truth is that arson was never proven and all the SFPD reports mention is a broken rear taillight, which Wolf’s mother has repeatedly offered to pay for, if that would get her son out of jail.
In fact, court filings show that the police’s real interest is finding out who attacked and seriously hurt an SFPD officer in the course of the protest—a valid concern and one that SF District Attorney Kamala Harris’ office should be handling. Instead, the feds were called in, triggering justifiable fears in Josh Wolf, who the FBI has questioned about his anarchist tendencies, that the real reason that he’s sitting in jail, is that the feds want him to release his video outtakes and identify the anarchists, who lifted up their ski masks and spoke directly into Josh’s camera, before the violence went down. And then there’s the fact that the portion of Wolf’s tape that he posted online at his blog and got picked up by several TV stations does not paint a flattering portrait of the police.
Interestingly, while Wolf has argued that journalists should not be forced into becoming investigative tools of the government, both the SFPD and the US Attorney General’s Office have voiced doubts to the Guardian as to whether Wolf is a “real” journalist, citing his direct involvement with the anarchist cause as well as the fact that he is not employed by a media outlet. These arguments should sound the alarm bells of freelancers nationwide.
Meanwhile, Wolf sits in jail, where he is only allowed 15-minute phone interviews with the media, thereby preventing live visual images and recordings of his voice to be aired across the nation, effectively blacking him out of the consciousness of all those who don’t get their news from the print media. And when the federal grand jury expires in July, there’s a chance that a new grand jury might demand that Wolf release his outtakes and testify or rot in jail for another year.
It’s a sad day for journalists, corporate and freelance, and the First Amendment.