G.W. Schulz

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.

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Mack Woodfox alleges he was beat while in custody

Merc workers plan protest of job cuts

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By G.W. Schulz

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UPDATE! I failed to include a date for the protest first time around. It will be this Tuesday, June 26.

Employees of the embattled San Jose Mercury News announced earlier today that they intended to picket the newspaper over expected job cuts at the peninsula daily.

The jobs of 30 ad-production workers will immediately be affected, and editorial and composing room employees were already facing planned cuts.

The paper also announced today that it would be getting rid of its Perspective section, which appears on Sundays, due to “relatively low readership.” We reported recently that the Chronicle has been considering a similar cut to its Insight section, from which longtime editor Jim Finefrock was recently let go.

Production-side employees from the Merc represented by the Northern California Media Workers Union planned a protest for today stating in a press release that the cuts would only help to expand the newspaper empire of William “Lean” Dean Singleton, head honcho for MediaNews Group, which leads a consortium of newspaper companies that owns the Merc along with just about every other major daily in the Bay Area save for the San Francisco Chronicle.

The Merc’s union complained that some MediaNews Group positions had already been outsourced to India from Contra Costa County and Pleasanton.

Exclusive to SFBG.com

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The ongoing layoffs at the San Francisco Chronicle and the San Jose Mercury News are a human drama as well as a financial one, particularly given the relationship between the parent companies of those two publications: the Chron’s Hearst Corp. and Merc owner MediaNews Group.

An anticipated 160 journalists and their editors are being cut from the Chron and the Merc, which means, of course, less news for you. The names of which editors were slashed by the Chron surfaced first on the local blog Ghost Word while the rest made it to the Web in an internal Bronstein memo leaked to industry watchers, a painful irony considering what news execs say is killing journalism jobs.

Those who have been let go paint an interesting picture of what happened and what’s to come. “When Frank Vega, the new publisher, got here a couple of years ago, he said only three things can happen: We can fix it. We can sell it. Or we can shut it down. They haven’t fixed it yet, so those other two things are what they have to be considering,” John Curley, a deputy managing editor let go from the Chronicle recently after more than two decades with the paper, told the Guardian.

An annotated photo of Curley’s desk at the Chron appeared on Flickr.com last week and elicited two successive waves of heartfelt e-mails and calls after the popular industry blog Romenesko linked it.
Early in his career, Curley worked in New Jersey under David Burgin, who was famously fired and rehired several times by MediaNews honcho Dean Singleton at a number of the company’s papers before briefly working at the San Francisco Examiner, once owned by Hearst before it took over the Chronicle. Curley also worked for Jim Bellows, an influential editor in American journalism, at the Los Angeles Herald Examiner.
“Even though this is officially termed a ‘reduction in force,’ I am surprised and dismayed that the organization thinks it can have a future without me,” Curley wrote below the photo on his Flickr profile. “To be honest, I thought I’d get the chance to help lead the paper where it needed to go to compete successfully in the digital age. But instead, off I go.”

Insiders told us managers at the Chronicle reiterate over and over that the paper will never be the New York Times. To be fair, Bronstein likes to change up his low expectations from time to time. Last year, he told media hound Michael Stoll in a piece for the SF Weekly that the daily can’t be another Los Angeles Times either.

Sunday editor Wendy Miller, an industry veteran of more than two decades who spent her last seven years at the Chron before being let go just recently, told us, “There’s no answer to that except, ‘Of course we can’t be the New York Times. But we could be the very best regional paper we could be and as good at doing in-depth regional stories as the national papers are at doing what they do. There’s not a lot of imagination in Chronicle management. They’re not a very flexible group.”

Chron executive editor Phil Bronstein told Editor & Publisher that the paper will focus more on local news, but he said it will also have to do fewer stories now. And staffers told us he’s admitted during recent meetings that he’s not quite sure what to do in order to save the paper.

The Chron has lately continued its strong coverage of police misconduct in San Francisco but chose to relegate a superb story about one problem officer to the back of the June 7 edition in the local section. The riveting tale of a scandalous trust-fund lawyer by long-time crime reporter Jaxon Van Durbeken was placed far from the June 10 Sunday edition’s front page as well.

Miller told us she was displeased with what the daily was choosing to promote on its Sunday front-page and wished it would more often showcase thorough local reporting done by beat reporters.

The Chron’s financial desperation is well-known by now, confirmed months ago by Hearst attorneys in federal court when local businessman Clint Reilly was suing the company along with MediaNews to stop – or at least limit – a $300 million investment scheme the two would-be competitors planned that has since enabled MediaNews to dominate most of the Bay Area’s newspapers outside of the Chron.

Hearst lost approximately $1 million a week last year, and all told, they’ve more or less dumped $1 billion into the paper, including its purchase price, since buying it in 2000. Sources say the losses are now closer to $2 million a week.

The company first announced in May that it was eliminating 100 newsroom employees out of its 400 total. We’re told that some guild cuts were officially enacted June 8 with more expected soon afterward, but no one’s entirely sure who’s accepted buyouts so far and much uglier terminations could take place soon. At the same time, nine editors were sent packing.

The Chron’s managing editor Robert Rosenthal announced he was leaving before the axe fell on the newsroom proclaiming that he couldn’t stomach the bloodshed.

The coincidence couldn’t be more profound. He spent much of his career at the respected Philadelphia Inquire before joining the Chron after growing dissatisfied with the Inquirer’s decision in 2001 to downsize more than 100 people under former owner Knight-Ridder, which also once owned the Merc.

“What I believe is that the real innovators are the journalists,” Rosenthal told us. “In the industry, the people who are not the innovators are on the business side. They’ve looked at this as a very traditional challenge and now they’re getting caught up in a whirlpool of change.”

At the Merc, expected cuts for the paper were first disclosed by John Bowman, who quit recently as editor of the San Mateo County Times, also owned by MediaNews Group. Bowman had grown angry over what the cuts had done to his own paper, and opened up like a geyser to GradetheNews.org telling them that shortcuts on copy editors were causing egregious errors even in headlines.

State workplace safety cops are investigating the San Mateo paper’s offices where Bowman contends the building is without air and rats are a concern. Spokesperson Dean Fryer of the state Division of Occupational Safety and Health wouldn’t discuss the case while it remains open. But federal records show MediaNews was fined $800 last fall for an asbestos-related complaint at the company’s nearby Los Gatos Weekly-Times.

The Merc and the Times are run by a consortium of companies called the California Newspapers Partnership with MediaNews at the helm and include the Contra Costa Times and the Oakland Tribune. Online ad revenue actually went up last quarter for MediaNews along with its general profit margin while the cost of newsprint is going down, all good signs for Singleton’s wallet.

But print ad income and circulation, which continue to butter the company’s bread, remain on a downward march, according to earnings statements, and Singleton still must service the hundreds of millions in debt he accrued in recent years storming the nation in a frenzied haste to buy up both daily and weekly papers big and small.

In fact, the business press in recent stories about the company’s performance failed to point out that the Denver-based company is doing yet more big deals with Hearst in other cities. The two joined efforts last quarter to purchase the News-Times in Danbury, Conn. for $80 million in an arrangement very similar to what the companies created here, according to Securities and Exchange Commission filings. A few newsroom job cuts were announced recently at the News-Times.

MediaNews already owned the Connecticut Post, located about 20 miles away, and the deal included another nearby paper in New Milford. Combined, the three make a cluster, just as Singleton likes them, which enable him to thin and share staff and other resources between the publications as he’s been doing in the Bay Area.
Thin, of course, equals cutting more journalists.

Paper trail

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› gwschulz@sfbg.com

Up to 160 journalists and editors being cut from the payrolls of the Bay Area’s biggest two daily newspapers will flood a shrinking media job market, forcing many from their homes and making it difficult to pay their rents or mortgages.

But it also means something else: less news, and therefore less accountability and diminished democratic debate.

That was the sad conclusion of many observers and media professionals after the San Francisco Chronicle and the San Jose Mercury News both revealed recently that they’d be laying off about a quarter of their respective newsroom staffs.

"Something has to give," Chron editor Phil Bronstein told Editor and Publisher recently. "If you have 15 priorities, sometimes the bottom three or four don’t get done. You may have to do fewer stories, and you can do that."

The disturbing pronouncements by their parent companies, the Hearst Corp. and MediaNews Group, even led some veterans who weren’t immediately facing pink slips to leave on their own accord, unable to stomach the sorry state of their profession. Yet even as the bloodletting began in earnest at the Chron last week, Bronstein hadn’t presented much of a game plan for how Hearst actually expects to continue operating a major metropolitan newspaper.

"There’s no question that with the Bay Area — like other big metro markets — the diminishing number of journalists will definitely impact the public," just-departed managing editor Robert Rosenthal, who announced he was leaving two weeks ago as the cuts were about to begin, told the Guardian.

The paper even started a blog for fallen staffers to exchange leads on new opportunities. Among the first posts was a public relations gig in San Francisco, which to many earnest reporters is like crossing over to the dark side.

Despite its lagging finances, the Chronicle has still been the city’s main paper of record — based mostly on its extensive resources and large newsroom — no matter how many blogs, online journals, and alt weeklies claw at its heels, or whether people consider it a poor paper.

But Sunday editor Wendy Miller, who was squeezed out last week, told us that the paper has been promoting sensationalism while failing to put some of its best stories from beat reporters high on the Sunday front page. As an example, she pointed to Carrie Sturrock’s regular education coverage, like recent stories on far-flung alternative-energy research at Stanford University and the punishing collection tactics of student-loan agencies.

"That front page too often is driven by crime and tabloid and goofy local stories," said Miller, an industry veteran of more than two decades who spent her last seven years at the Chron. "I think this is too sophisticated of a market for a front page like that. While I do think there’s a lot of good work that we do, we don’t play it well…. We don’t put our very best work on the cover often."

Now the situation could grow worse, as changes are certain at the paper along with the layoffs. It’s not clear, for instance, that its Sunday edition will contain an Insight section anymore, laid-off editor Jim Finefrock, who spent more than 30 years at the paper, told us last week just after he cleaned out his desk.

Washington bureau chief Marc Sandalow was let go after more than 20 years at the Chronicle, 13 of them inside the Beltway, and the paper has also made an effort to cut the job of fellow longtime DC reporter Edward Epstein. The moves would halve the bureau’s staff and cast doubt on how the Chron would continue its knowledgeable stories on some of the most powerful members of Congress, including House Speaker Nancy Pelosi and Sen. Dianne Feinstein, who are only now attaining major leadership positions.

"I always knew it would mean extremely unpleasant belt-tightening," Sandalow told the Guardian, referring to the paper’s hundreds of millions of dollars in losses since Hearst took it over in 2000. "I just didn’t think it would be suffocation."

Bronstein apparently is unsure of how the Chron can even begin to change the course of its unique money-losing trajectory. Despite the industry being wounded by fleeing subscribers and competitive Web outlets, most newspapers are still making big profits, with the Chron being a fairly rare exception. Sources add that the job cuts might save just $8 million or so per year, not nearly enough to make up for the paper’s staggering losses, for which no one had any reasonably good explanations.

"Something’s not right with our structure," John Curley, a deputy managing editor who’d been at the paper for more than 20 years, told the Guardian. "There isn’t another metropolitan daily that has a dominant position the way the Chronicle does that loses money."

Indeed, SFGate.com is among the most regularly visited newspaper sites in the country, and the model has greatly expanded the paper’s readership. But Curley explained that local advertisers "don’t necessarily want to reach someone in Zurich who might be interested in reading our political analysis." For most papers, online ads still generate remarkably little revenue.

The company initially announced in May that it was eliminating 100 newsroom employees out of its total of 400. We’re told that some guild cuts were officially enacted last Friday, with more on the way, but no one’s entirely sure who has accepted buyouts so far, and much uglier terminations could take place soon. "People are terrified," one source said. "Their phone rings, and they don’t want to answer."

At the same time, nine members of the top brass, including two deputy managing editors, Curley and Leslie Guevarra, were sent packing. Bronstein worked hard to appear assured of the paper’s future in Editor and Publisher, telling the journal recently that the Chron would be focusing more on local news as part of its strategy, with less of a "buffet-style," but he offered few specifics. He nonetheless told staffers during recent meetings that he doesn’t really know what to do and invited them to offer their own solutions.

The mood’s been decidedly glum at a modest SoMa dive known as the Tempest, where Chron staffers are known to commonly lurk and where some of the recent sendoffs for departing staffers have been held.

"Business has been very good for me this week," a bartender there said late at night on June 8. "But I know 25 percent of these people won’t be coming back. This won’t be good for business in the long run."

As for the Merc, www.GradetheNews.org fueled the rank and file’s worst fears by first reporting that 60 newsroom positions at that paper would get the ax, in addition to the 35 union employees who were shoved out last December.

The paper got the tip from John Bowman, now former executive editor of the San Mateo County Times, also owned by MediaNews, who disclosed the layoffs to the public after deciding he was "fed up" with MediaNews honcho Dean Singleton’s slash-and-burn business strategy.

Amid the chaos, the Merc‘s brand-new top editor, Carole Leigh Hutton, sent a memo to staffers begging them to remain calm and "focus some of that energy on doing the journalism we do so well" instead of indulging in rumors at the watercooler about what was planned.

Furious over cuts at his paper, Bowman decided to quit the same day that he talked to GradetheNews about an April meeting he attended with other MediaNews editors at which the layoffs were discussed.

Singleton, the industry’s undisputed king of consolidation, months ago cut some copyediting jobs and moved others to a single hub in Pleasanton where its Tri-Valley Herald was formerly located. Bowman told GradetheNews the move had caused "an incredible number of errors," including glaring geographical mistakes even in headlines.

"You want copy editors who know your city, who know your beat, who can ask great questions and help make your story better," Luther Jackson, executive officer of the San Jose Newspaper Guild, told us. "That’s just a general rule, I would say. Copy editors are really underappreciated in general."

Jackson added that Bowman’s figure of 60 isn’t set in stone, and while the paper has admitted it plans to initiate more layoffs soon, it still hasn’t decided how many. GradetheNews also interviewed reporters at "several of the chain’s papers" who echoed Bowman’s complaints and wrote that some of the papers are dreadfully short of reporters, including beat writers who specialize in specific local subjects.

We never heard back from Bronstein, Singleton, California Newspaper Publishers Association executives George Riggs and Kevin Keane, or former Merc executive editor Susan Goldberg, who high-tailed it out of San Jose recently for a job at the Cleveland Plain Dealer.

But Merc business reporter Elise Ackerman, who’s worked at the Peninsula daily for seven years, told us the paper’s union plans to provide execs with suggestions on how to improve the paper and boost income, though she didn’t give details.

"I do think that this is really just a rough transition, and I was really impressed with Carol Leigh Hutton," Ackerman said carefully. "She’s communicating very clearly…. I don’t think that she’s going to preside over the bloodletting that we saw at the Chron." *

For more on this evolving story, visit www.sfbg.com.

Pet projects

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› gwschulz@sfbg.com

"If you have men who will exclude any of God’s creatures from the shelter of compassion and pity, you will have men who deal likewise with their fellow men."

St. Francis of Assisi

His name is Sylvester. He’s quite handsome and charismatic, for a cat.

Sylvester is believed to be about eight years old, and the San Francisco Society for the Prevention of Cruelty to Animals has been his home since last July. He’s a simple domestic shorthair, with a jet-black coat aside from some snow-white blotches on his chest and left arm.

Also doing time at the SPCA is a slightly bashful orange tabby named Jitters, who has awaited a home since April. A long-haired tortie named Minna, with somber green eyes and a splash of umber on her nose, has been at the SPCA for a year and a half.

In many cities Sylvester, Jitters, and Minna would be on death row. In San Francisco they’re guaranteed a chance to live until they find a family, as long as they’re deemed adoptable by the SPCA and don’t develop a life-threatening disease or unmanageable behavior traits. They are the legacy of pioneering former president Richard Avanzino, regarded by most as the originator of the national "no-kill" movement.

Avanzino spent 20 years making the San Francisco SPCA a national leader in saving animals, including forging a pact with the city in 1994 to work toward guaranteeing every adoptable cat and dog a home, a remarkable promise during a time when few places across the nation were willing to make saving the lives of companion animals a priority. Most shelters euthanized tens of thousands of kittens, puppies, dogs, and cats every year to save space and money. Quite a few still do.

But after Avanzino left in 1998 to spread his no-kill philosophy nationally through the Alameda-based nonprofit Maddie’s Fund, the local SPCA has steadily retreated from the cutting edge. Rather than continuing to push toward the goal of saving all the animals, the two presidents who succeeded Avanzino have focused the organization on a private hospital project that has turned into an expensive boondoggle that’s sapped the organization’s energy and resources and angered the local veterinary community.

"San Francisco likes to say it’s the safest city in the United States to be a dog or cat," said Nathan Winograd, a widely recognized proponent of the no-kill philosophy and former director of operations for the SPCA, who left the organization in late 2000. "That is no longer true. There are other cities that are doing much more in terms of lifesaving. That’s one of the reasons I chose to leave San Francisco."

The SPCA’s eighth president, Jan McHugh-Smith, finally arrived in April after the shelter had spent nine months with an interim head, and the question now is whether she can turn this troubled yet still revered organization around.

Only in recent years have cities nationwide begun enacting policies intended to stop — or at least dramatically slow — the senseless slaughter of animals that are the defenseless victims of the public’s love of adorable newborns and specialized breeds. That trend started in San Francisco.

Avanzino calls welfare groups like the SPCA "safety valves" that relieve pressure on animal control officers and traditional municipal shelters. In an editorial last year for Maddie’s Fund he wrote that saving healthy and treatable shelter pets is the "minimum no-kill standard" and that communities today should strive to go beyond no-kill.

"Tompkins County, New York is a case in point," he wrote. "The Tompkins County SPCA maintains a 92 percent live-release rate. It saves all of the county’s healthy and treatable shelter pets and feral cats. Should this be our life-saving goal? I think it should."

Tompkins County, it turns out, is exactly where Winograd went after leaving the San Francisco SPCA in frustration. "When I left, we just had to save 500 or 600 more treatable dogs and cats every year, and we would have been just about there," Winograd said. "We were a whisper away."

Edwin Sayres, who succeeded Avanzino as president, told the shelter’s board of directors that the SPCA could remain in the vanguard of reducing pet overpopulation and saving abandoned animals while at the same time building a prestigious, state-of-the-art veterinary hospital that would rival one of the few other comparable facilities anywhere in the United States, Angell Memorial Hospital in Boston.

The Massachusetts SPCA, however, spends millions of dollars more each year simply running its three Angell facilities than the San Francisco SPCA’s entire budget. Originally expected to cost just $15 million, the price tag of the latter’s Leanne B. Roberts Animal Care Center has now shot to $32 million. The SPCA will finally break ground on the new facility in October.

Critics feared the hospital idea was a potential disaster, and they complained that the nonprofit had become top-heavy under Sayres. They pointed to the shelter’s money trail, detailed in its required annual tax-exempt disclosure forms, to emphasize where they believed the shelter’s priorities now rested.

While earning $200,000 a year in salary and benefits, Sayres created new executive positions that cost the shelter hundreds of thousands of dollars more in compensation than was spent during Avanzino’s tenure. That might not have seemed like such a big deal in 1997, when the nonprofit was taking in several million dollars more in donations from the public than it was spending to cover operational expenses.

But by the end of the 2002 fiscal year, when donations to the SPCA and many nonprofits were lagging, the shelter had fallen $2 million short of covering its $14 million in expenses, which had climbed by the millions annually.

At the same time, the city failed to reach its goal of releasing alive 75 percent of the animals it impounded; 2,075 animals were killed that year for a variety of reasons, according to city records. The SPCA also missed its target that year for the number of animals it would take in from the city’s municipal shelter and make available for new homes through its unique adoption center.

Meanwhile, several cities across the country were embracing the no-kill cause, inspired at least initially by San Francisco’s example. They did so with considerable help from Winograd, who worked briefly as a Marin County prosecutor before traversing the nation to help shelters come as reasonably close to no-kill as they could.

Tompkins County; Charlottesville, Va.; and Reno are all boasting live-release rates of around 90 percent after promising to find homes for adoptable and treatable animals, the latter a key category that includes animals with behavior problems, serious illnesses, and injuries that require extra care.

In other words, as San Francisco struggled to maintain its sense of direction, other communities began to implement and even redefine the meaning of no-kill. San Francisco has averaged a 70 to 80 percent save rate annually for several years — and the difference between this and what Winograd and others have hoped for the city of St. Francis means hundreds of animals being killed each year.

While avoiding any searing critique of the shelter, Avanzino told the Guardian that he perhaps would not have promoted the hospital scheme. However, he said, plenty of his own bold ideas at the SPCA once made him a target of criticism, like the shelter’s posh $7 million adoption center, composed of 86 kitty condos and doggy apartments.

"I know it sounds like I’m ducking the issue, and I am," Avanzino told us. "But the bottom line is that new leadership and the policy makers for the organization believe with everything in their being that this is an important next step for the San Francisco SPCA and [that] it is going to do more to help the animals. They have not kept me in the loop."

Nonetheless, when Sayres led the nonprofit, between 1999 and 2003, it spent at least $1.7 million just on architects and veterinary consultants moving the planned hospital forward. Meanwhile, programs like humane education and law and advocacy, the latter at one time a half-million-dollar program, saw deep cuts in their budgets or simply shriveled up and disappeared altogether, while public relations and promotional expenses retained brisk support to the tune of at least $1 million annually for several years before those expenditures were finally trimmed too.

Further, the shelter’s 17-member board of directors granted Sayres a $400,000 home loan and gave him 30 years to pay it off, although he cleared the debt before leaving for a new job in June 2003 at the American SPCA, which is independent of the San Francisco SPCA.

As the summertime explosion of kittens loomed in the spring of 2003 and Sayres prepared to leave, he sent an e-mail to the SPCA’s nearly 1,000 volunteers blaming the economy’s ongoing downturn and a 10 percent drop in public donations for the shelter’s money woes. The jobs of at least 15 employees were cut, and others were merged into one, including two major volunteer-coordinating positions.

In e-mails circuutf8g at the time, copies of which we’ve obtained, volunteers agonized over whether to inform the press of what was going on internally, nearing the point of insurrection over cuts in shelter services — including a one-of-a-kind dog behavior and training program. The truth, some feared, would turn donors away. Some argued that executive salaries should be trimmed to save money before ground-level staffers were dispatched with pink slips. Others were furious over the planned hospital’s burgeoning costs.

"I certainly think a new center is exciting and overdue," a volunteer wrote to Sayres. "But it annoys me [to] no end to see billboards all over the city about the center and nothing about the situation we’re in."

Sayres never responded to several detailed questions sent to him by e-mail and was unable to make time for a phone interview. But he admitted in a 2002 San Francisco Business Times story that he’d "tried to move forward with my vision too quickly."

"I should have taken more time to listen and absorb the culture," Sayres said in the story. "Now I’m more mindful of the contributions that people have made here over the decades."

New president McHugh-Smith insists the shelter can still balance the hospital plan’s most recent incarnation and a continued focus on the agency’s raison d’être: preventing cruelty to animals.

"One thing I’m really proud of is our hospital provides one and a half million dollars’ worth of charity care to homeless animals and people who can’t afford veterinary care for their pets," McHugh-Smith said. "What a critical service for this city. There are a lot of people here who can’t afford the care their animals need. They shouldn’t have to give up their pets for that."

Recent troubles aside, even the SPCA’s fiercest critics contend that much of the nation still lives deep in the shadows of its extraordinary achievements.

The San Francisco SPCA was officially chartered in 1868 as the first humane society west of the Mississippi River. But more than a century later, in 1978, its leadership had grown tired of the organization’s serving dual roles as a killer and a savior of animals.

Backing out of its long-standing shelter contract with the city meant losing more than a fifth of its annual budget, but then-president Avanzino felt the group’s agenda no longer fit with the city’s mechanized handling of hapless animals. Thousands were still being killed by the city each year.

"For 101 years, the reputation of the SFSPCA was, ‘That’s the place where animals are killed,’" Avanzino said in a 2000 interview he gave to Maddie’s Fund. "That was not the purpose of our organization. You can’t be the animals’ best friends and be their principal killer."

The city was forced to create a separate municipal shelter, known today as the Department of Animal Care and Control, which cites abusers, seizes dangerous dogs, and maintains its own adoption program. The SPCA then proceeded to vastly expand its spaying and neutering services, particularly for juvenile animals, as well as its medical facilities and treatment for animal behavior previously regarded as severe enough to warrant a trip to the death chamber, in which dozens of animals were killed at once. A technician withdrew oxygen from a decompression room until they died.

The SPCA led the way in taking animals waiting for adoption out into the community, and while some early skeptics feared mobilized adoptions would inspire impulse buying and high turnovers, many groups nationwide started to follow Avanzino’s lead after seeing how well it worked here.

On its sweeping Mission property at 16th and Alabama streets, where the SPCA has been located for almost a century, the shelter did away with cell-style kennels, which encourage erratic behavior and reduce the chances that an animal will find a home. In 2004, the most recent year for which figures are available, the city found homes for 4,500 dogs and cats, with the SPCA handling three-fourths of those adoptions.

And guaranteeing homes for cats and dogs defined as adoptable, let alone those who are arguably treatable with the right commitment of energy and resources, was almost unheard of in the mid-’90s, when San Francisco made its promise. Under San Francisco’s agreement with the SPCA, animals considered adoptable include cats and dogs eight weeks and older, those without "temperamental defects," and those not suffering from life-threatening diseases or injuries.

However, while a 100 percent adoption rate is probably not possible, Winograd and others worry that the bedrock of the nation’s no-kill movement has failed to reach its full potential since Avanzino left, and they say the San Francisco SPCA could at least aspire to a save rate of more than 70 to 80 percent.

"I think the agency went through some times they weren’t used to, not having a long-term leader that really understood the history of the organization and the goals of the organization," Carl Friedman, director of Animal Care and Control, said of the SPCA. "But that happens everywhere. I think it took a little bit of a toll on the organization."

Friedman worked at the SPCA for several of its most memorable years before moving to the city’s municipal shelter in 1988, after the SPCA relinquished its role as the proverbial dogcatcher. He says that most euthanized animals in San Francisco are cats and dogs struck by automobiles or those suffering from parvovirus and distemper, both preventable with early vaccinations.

It’s worth noting that the agreement between Friedman’s office and the SPCA forbids each of them from speaking critically of the other, and many of the people we talked to balked at speaking on the record.

"People are afraid of getting sued, and they’re afraid of what will happen," Winograd said. "There are people in San Francisco who need these agencies. They’re not willing to be forthright, because they’re afraid. I’m a lawyer, so anybody who wants to sue me, good luck. But the truth is the truth."

The shelter’s problems that started under Sayres continued under his handpicked successor, Daniel Crain. And they reached a zenith in August 2004 when one of the SPCA’s leading veterinarians, Jeffrey Proulx, committed suicide in horrific fashion, delivering a psychic blow to longtime SPCA volunteers and staffers.

The morning Proulx was discovered, a Marin County coroner found an empty box of Nembutal injectable solution on the kitchen counter of his San Rafael home. Nembutal is a barbiturate used in physician-assisted suicides, but it’s also used to euthanize animals, and a bottle of it was missing from the shelter’s medicine cabinet the day Proulx died.

Proulx was the hospital’s chief of staff and was overseeing the expansion project. The task was apparently wearing him down, and on the day of his death, he threatened to resign.

Groundbreaking was supposed to occur in 2004. Then 2005. Then 2006. In the meantime, a private animal hospital providing 24-hour emergency care — San Francisco Veterinary Specialists — moved into the neighborhood, just blocks away, casting doubt on whether the facility’s service load could justify the project.

After Proulx’s death, the SPCA announced that it had chosen another architectural firm to take charge of the hospital: Rauhaus Freedenfeld and Associates. By then the organization had spent nearly $4 million on veterinary consultants and architects, according to tax records, and even today hardly a single wall has been erected.

A previous architecture firm, ARQ Architects, which designed the shelter’s adoption center, has earned more than $2 million from the SPCA since 2000, but there’s no telling what happened to any of the designs the firm crafted. Nonetheless, according to the shelter’s newest tax records, provided at the Guardian‘s request, Rauhaus was paid more than $500,000 last year, and another $330,000 went to a project manager, CMA. A new veterinary consultant was paid $90,000 last year as well, after a previous consultant, Massachusetts-based VHC, was paid at least $925,000 over a three-year period.

After Proulx died, Crain lasted just two more years as president. He left last August, and attempts to reach him at various phone numbers, a fax number, and a last-known San Francisco address in Bernal Heights were unsuccessful.

Crain joined the shelter in 1999 as a human resources director but quickly — despite little evidence of nonprofit management experience and only a brief stint running human resources — became the SPCA’s vice president under Sayres, earning well into six figures. In 2003, after Sayres’s departure, he became the SPCA’s top administrator following a board vote, which brought his compensation to more than $200,000 a year.

Ken White, director of the Peninsula Humane Society, said he never forged the bond with Crain that he did with the leadership of Marin County’s municipal shelter and its major East Bay animal welfare counterpart. White worked for nearly a decade at the SPCA, until 1989, when San Francisco created the separate animal-control entity that exists today.

Although reluctant to speak critically about the SPCA, White explained that the Peninsula shelter treats about 1,000 injured wildlife animals from San Francisco annually under a very modest contract with the city that’s nowhere near enough to cover his costs. The SPCA focuses primarily on cats and dogs, and the Peninsula shelter has more space.

People like Winograd, who now directs a nonprofit in San Clemente called the No Kill Advocacy Center, say the shelter’s campaign to build a modern but almost prohibitively expensive hospital diverted funds away from "God’s work": caring for animals so they may be adopted out.

"I didn’t feel the city needed another specialty hospital," Winograd said, "and my fear was that the energy and dollars and all the effort that would be put into the hospital would pull the agency away from its core mission of patching together the sick and injured dogs and cats."

"They still think that’s the next big thing," said Karin Jaffie, a former public relations coordinator and longtime volunteer. "For the cost of the hospital, you could have trained a lot of people’s dogs or spay-neutered the city’s pit bull population for free."

An early plan for the hospital included 24-hour emergency care and critical services like oncology, cardiology, and neurology — services that shelter execs argued pet owners would never pursue otherwise to help save their animals.

Yet the plan had a significant catch: it called for aligning the hospital’s nonprofit component with a for-profit network of veterinary specialists who would lease space inside the facility and help cover its overhead by paying some of the utility bills. Private specialty veterinary care was among the fastest-growing segments of the industry at the time, and the SPCA’s eager citywide promotional campaign for the hospital raised the ire of private vets working in the Bay Area, including their industry group, the California Veterinary Medical Association.

McHugh-Smith admitted that "after much evaluation" the complex for-profit plan was scratched completely, and the shelter had to more or less start over after spending millions. "It wasn’t going to help our mission, so that project was put to rest," she told us.

Not everyone was quick to offer a negative opinion of the shelter’s past leadership. Kelley Filson, a former humane-education director, said that all nonprofits experience periodic lulls in funding and that her program was never short of the resources it genuinely needed to help Bay Area youth understand why it’s necessary to treat animals humanely. Like in K-9 behavior training, she says, SPCA supporters should focus on the shelter’s historic milestones.

"It was not a direct-care program," Filson said of humane education, which endured budget cuts in recent years. "When there are 10 puppies that need medicine and treatment, that’s a very immediate need, so I think that people [misunderstand] when an organization has to look at the immediate needs of suffering animals versus education goals. Until you’re in the position of running that organization, you don’t often understand the decisions that are being made."

Skepticism aside, the shelter’s existing 70-year-old animal care hospital, where it treats injured and abandoned animals, could certainly benefit from a makeover. It still provides a range of services for a relatively minimal fee, including limited emergency care for the pets of some low-income San Franciscans. In 1978 the shelter’s spay-neuter clinic was the first in the nation to provide the service at a reduced cost, and it continues to alter feral cats brought in by a citywide network of caretakers for free.

"The demands on that hospital have grown large over the years," McHugh-Smith said. "Our surgical [unit] is on the second floor, and we have to carry the animals upstairs…. It’s just not very efficient or effective any longer."

The emergency and specialty hospital San Francisco Veterinary Specialists now does what the SPCA originally hoped to. Previously at odds with the SPCA’s for-profit scheme, the private vets will now donate certain specialty services that the SPCA isn’t able to cover under its current plans. Dr. Alan Stewart, a founder of SFVS, told us they’ve already helped several animals.

Construction on the Roberts Center is slated to begin in October. McHugh-Smith promises the new plan will enable San Francisco to expand its definition of a treatable homeless animal by expanding the range of treatment the city can administer. Now the $32 million will go toward simply renovating a massive warehouse on the shelter’s campus and giving its current facility another 40,000 square feet of space. The feral cat project, which today operates out of a former lobby, will get its own designated area, and McHugh-Smith says the shelter will also act as a university hospital where veterinary students can learn to treat the approximately 25,000 animals that pass through annually.

McHugh-Smith, the shelter’s first female president, has worked in animal welfare for more than two decades. She spent 12 years as CEO of the humane society in Boulder, Colo., and built that city’s live-release rate up to 86 percent.

Because of the Bay Area’s supercharged political tendencies, she faces constant and varying obstacles. Wildlife supporters loathe the SPCA’s long history of backing feral cat populations and off-leash dogs on federal parkland such as the Golden Gate National Recreation Area.

Even the phrase "animal welfare" is politically loaded — it’s often used specifically to separate pet lovers and the wealthy benefactors of big nonprofit shelters from "animal rights" factions perceived as too radical. Plus, there’s the fact that higher save rates translate into greater challenges in dealing with the final 20 or 30 percent of animals, which can require treatment before being adoptable.

"The higher you get, the more difficult it gets, and the more resources you need," McHugh-Smith said of the city’s save rate. "Hence, the hospital is going to be a really critical part of that."

Avanzino says San Francisco could still do a much better job presenting records to the public of which animals are killed and why. Are hyperthyroid or feral cats untreatable? Are otherwise healthy pit bulls made "unhealthy" merely by irresponsible owners? For years, transparency in terms of what constitutes a treatable or healthy animal has been a major tenet Avanzino has advocated.

"If we’re really going to empower the public to be part of the solution and see that the job gets done, we’ve got to give them the data," he told us. "Are the dogs and cats that we call family members getting justice from us? If not, then we have failed them, and in San Francisco that should never happen. It’s the city of St. Francis." *

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.

THERESA SPARKS TAKES OVER LEAD CHAIR OF POLICE COMMISSION; LOUISE RENNE GETS PISSED AND RESIGNS

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By G.W. Schulz

Remember how when Nancy Pelosi ascended to the speakership of the House, you were all proud because it happened in your lifetime? “A woman has come mightily close to the presidency,” you told yourself. “Slowly but surely, we’ll get over this whole ‘women in positions of power scare the living shit out of us, but we’re afraid to admit it’ thing.’”

But remember, too, how that cynical voice inside of you also said “Yeah, sure, it happened in my lifetime, but Pelosi is as cold and calculating as every other creep inside the beltway. How much of this should I be proud of?”

You have something else to be proud of now with a little less cynicism, and Washington is a long way from achieving what your city has.

A transgendered woman with a strong head for reform has taken over the top seat at the San Francisco Police Commission. Her name is Theresa Sparks. You may know her as CEO of Good Vibrations, the sex shop. Hell yeah.

Beyond the Reilly settlement

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> gwschulz@sfbg.com

Click here to read the Guardian editorial on the Reilly victory

Shortly before Clint Reilly began a press conference April 25 announcing that he’d settled his federal antitrust suit against the Bay Area’s two largest newspaper companies, Cheryl Hurd of NBC affiliate KNTV, channel 11, loudly complained to the pack of reporters that she just didn’t quite get the story.

"Why does anybody care about this?" she asked, sounding annoyed as she waved the press release listing the terms of the settlement in the air. "I don’t even understand any of this. What’s this mean?"

She wasn’t the only confused reporter. In the week since the settlement was announced, the local media have downplayed or mangled what is actually a huge story: Reilly, acting on his own, with no support from federal or state regulators, managed to scuttle a deal that would have ended all newspaper competition in the Bay Area.

"Would I have liked to see it go further? Yeah," said Bruce Cain, director of UC Berkeley’s Institute of Governmental Studies, who penned a declaration supporting Reilly’s case. "But at least he was able to stop more collaboration between those two companies, and he was able to establish the legal point that this has more than just economic consequences. It has consequences for the vitality of political news coverage in the Bay Area."

The settlement involved a lot of peripheral terms, but the essence was this: the Hearst Corp., which owns the San Francisco Chronicle, can no longer consider combining printing, distribution, and ad sales with MediaNews Group, which owns almost every other major local daily in the Bay Area.

Reilly announced that the deal prevents the supposed competitors from unfairly or illegally negotiating any major joint operating arrangement in the near future. The trial was scheduled to begin just days after the agreement was reached.

"Newspapers are the intellectual bridge between citizens and their government," Reilly told reporters. "To me, one Bay Area newspaper company owning every paid circulation daily newspaper would be a very bad thing for Bay Area newspaper readers and for public discourse."

The deal nixes a plan outlined in a letter unearthed during an early phase of the trial. The letter showed that Hearst and MediaNews wanted to consolidate distribution and advertising operations among their local papers to create additional revenue and save on expenses.

Hearst enabled MediaNews to complete the purchase of several major local dailies last year by investing $300 million in the company’s stock. To survive antitrust scrutiny, the deal was crafted to make the stock’s value hinge entirely on non-Bay Area assets. But documents revealed during the suit clearly show that Hearst had planned to convert the stock so that it included MediaNews papers here as well. The settlement also prevents that from happening.

According to the terms, Reilly will recommend private citizens for appointment to the editorial boards of every California Newspapers Partnership publication in the region, including the San Jose Mercury News, the Contra Costa Times, and the Oakland Tribune.

He will also get access to advertising space in the pages of the papers for a regular column.

Reilly had originally sought to force MediaNews to divest itself of the San Jose Mercury News and other papers, but that was a long shot at best. What’s remarkable is that he accomplished as much as he did when no government agency was willing to help.

"I see in a lot of places what’s happening is owners are trying to make as much money as possible," Cain told us. "I see this in local TV, I see this in print media. I’m sure there’s an element of survival sometimes, but I think a lot of it is just trying to get profit margins up."

The US Justice Department never made a serious effort to stop the deal. The Guardian recently confirmed that the state Attorney General’s Office under the newly elected Jerry Brown has dropped its probe into the transactions. Spokesperson David Kravets refused to explain why.

The state’s treasurer and former AG, Bill Lockyer, began the investigation, and when we asked for a comment on Brown’s decision, he declined, saying he had "moved on."

Gina Talamona, spokesperson for the federal Justice Department, said its examination of Hearst’s substantial investment in MediaNews continues. But MediaNews CEO Dean Singleton told us that he expects it will not only close soon but will also clear the companies to move ahead.

Singleton said his meetings with Reilly, a Bay Area native and former mayoral candidate, were civil and there were no terms of the settlement he was displeased with. But he still doesn’t believe Reilly had grounds to bring the suit.

"A lot of wild statements have been thrown out that are simply not true," Singleton said. "There’s no evidence whatsoever that we had any discussions with Hearst about doing anything with the Chronicle that would have been improper. In fact, we’ve had few discussions about anything with the Chronicle."

Perhaps there was nothing "improper" as far as justice officials were concerned. But a March 2006 letter from Hearst vice president James Asher to MediaNews president Joseph Lodovic that surfaced during the case shows Hearst required an agreement on consolidated distribution networks with MediaNews before the company would proceed with its side of the transaction.

So let’s go back to Hurd’s question: why should anyone care about newspaper mergers in an era when there are so many other sources of information?

John McManus is a part-time journalism professor at San Jose State University and director of GradeTheNews.org, a consumer Web site on Bay Area news quality. He was hired as a consultant by Clint Reilly’s legal team to provide analysis of how consolidated or noncompetitive media outlets might fail to provide the best, most valuable news stories possible to local consumers.

His answer is simple. "Everyone is affected by the quality of newspapers because they form the bottom of the food chain for news," McManus told us. "Probably about 85 percent of the original news reporting in the Bay Area comes from newspapers, because they have much larger staffs than television stations or radio stations or Web-only operations."

McManus did his Stanford PhD dissertation in 1987 on four television news stations scattered around California, spending a month at each of them. At one of the stations, he said, what appeared in the local newspaper was so important, a station producer would clip stories directly from it and attach them to the assignments reporters were expected to have prepared by that evening’s newscast.

"The situation has gotten worse since then," McManus told us, "because local TV news staffs have shrunk."

The settlement also did not include an agreement on what would happen to the mountain of records produced in the case leading up to the trial.

Hundreds of pages previously sealed by the newspaper companies were opened to the public after the Guardian and the East Bay nonprofit Media Alliance intervened in the case. Reilly’s lawyer, Joe Alioto, recently insisted that he would petition the judge to unveil more documents, such as full depositions of company executives and additional memos and e-mails.

The settlement comes with some caveats for critics of consolidation. McManus believes that Reilly ultimately "got a quarter of the loaf." Reilly, he said, may have protected the independence of the Chronicle, but MediaNews isn’t being forced to unload any of its Bay Area properties to balance the field.

"Without [Reilly] having liberated the Mercury News and the Contra Costa Times and the smaller papers from the grip of MediaNews," McManus said, "the Chronicle‘s fate may be sealed." *

Editors note: The daily papers in the Bay Area treated the news of the settlement as a one-day story, and not a terribly big one. The San Francisco Chronicle ran it below the fold in the business section with a one-column head. But over the next few days, there were a lot of development and arguments over the deal; the trade journal Editor and Publisher was all over it. But none of that made it into the supposedly competitive local daily press.

A lot of the back and forth appeared on chainlinks.org, a Web site run by the Newspaper Guild. A selection:

Hearst-MediaNews deal scuttled: Former Chronicle City Editor Alan Mutter on the Reilly settlement

Editor and Publisher on the disagreement over the settlement

Jerry Ceppos, former executive editor of the San Jose Mercury News, whines about the deal

Romanseko links to some of the first-day stories

Barons back off newspaper trial

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See bottom of story for full Web package of Guardian newspaper-transaction coverage and documents related to the Reilly suit

Click here for the Reilly press conference documents.

Click here for the famous April 26, 2006 letter.

Well, it’s over before it ever truly began.

Clint Reilly’s federal civil suit against the Hearst Corp. and MediaNews Group, filed last year in an attempt to block the would-be competitors from sharing monopoly control of the Bay Area’s daily newspaper establishment, ended today in a settlement that left Reilly claiming victory.

The deal blocks any future business deals between Hearst, owner of the San Francisco Chronicle, and MediaNews, which now owns almost every other daily in the region.

The settlement saved some of the nation’s biggest newspaper barons from the prospect of a long and embarrassing trial that could have produced alarming revelations about the way the big publishers do business.

The case was set to go before a judge and jury April 30.

But in exchange, Reilly says he got most of what he was asking for – in particular, an end to the prospect of a Hearst-Media News business deal.

At a morning press conference April 25, Reilly announced that the settlement puts the Chronicle back into competition with local MediaNews properties.

“The purpose of my lawsuit,” Reilly told reporters, “was to ensure we will not have one company or one partnership owning every single paid subscription daily newspaper in the Bay Area … I strongly believe in newspaper competition. Newspapers create the record of our civic life.”

The local real-estate investor and former mayoral candidate forced the two companies, along with minority business partners the Stephens Group and Gannett Co., to promise they wouldn’t carry out the terms of a now-famous letter dated April 26, 2006 that outlined how Hearst and MediaNews could consolidate distribution and advertising operations among their local papers to create revenue.

That was just one of many proposed plans Reilly’s suit called a violation of federal antitrust laws. Also according to the settlement, Hearst’s $300 million stock investment in MediaNews, which CEO William Dean Singleton relied upon to complete his takeovers last spring of the San Jose Mercury News, the Contra Costa Times, the Monterey County Herald, and eventually, the Torrance Daily Breeze near Los Angeles, would rise and fall in value based only on the performance of MediaNews assets outside of the Bay Area.

The “tracking stock” scheme, as it’s known, was initially conceived this way to clear Hearst and MediaNews of immediate antitrust scrutiny by justice-department officials, but Hearst hoped it would later be converted into general MediaNews stock that included its Bay Area papers, a fact confirmed by records unearthed in an earlier phase of Reilly’s suit. Hearst, it turned out, much preferred that its huge investment include the totality of MediaNews.

But today’s settlement would keep that from happening, according to terms laid out between the parties, some of which they’ve agreed not to disclose.

Any talk of conjoined operations during the next three years between the companies would have to first be divulged to Reilly and his legal team.

Singleton has also agreed to turn over all executive meeting minutes of the California Newspapers Partnership, formed originally with Gannett and Stephens in 1999, that detail any negotiations with the Chronicle or other major media companies looking to do business with MediaNews in the Bay Area for the next three years.

In addition, Reilly will be permitted to recommend a citizen for appointment to the editorial boards of CNP’s Bay Area newspapers and will himself serve on the editorial board of at least one of them.

“The ten-month-long legal battle gave us a chance to see confidential documents between Hearst and MediaNews, Stephens and Gannett,” Reilly said. “Numerous documents show these newspaper companies and their executives are capable of the very cover-ups they so vigorously prosecute in politicians, executives and celebrities. I believe that their primary motivation for settling this case was their fear of exposing questionable competitive practices to public scrutiny.

“This is the second time Reilly has done this,” his attorney, Joe Alioto, told the reporters, referring to a 2000 suit Reilly filed to stop Hearst from shutting down the San Francisco Examiner. “And he does it because the government won’t do it. He does it all at his own cost and risk.”

—————————–

Reilly’s first antitrust assault on Hearst produced some sensational revelations – including the fact that the Examiner publisher sought to trade favorable editorial coverage of then-Mayor Willie Brown in exchange for Brown’s support of Hearst’s business deals.

With the settlement in place, Reilly’s second suit won’t produce that sort of high drama. But he has forced the release of records showing that Hearst and MediaNews wanted to develop close business ties – and there are more potentially explosive documents that may become public.

After the Guardian and Media Alliance intervened to have records previously sealed by the newspaper companies opened to public access, we learned for the first time that Hearst had considered selling the San Francisco Chronicle to Singleton in 2005. But the latter’s offer was chump change, coming just a few short years after Hearst had plowed through three quarters-of-a-billion dollars in its bid to take over the Chronicle and dump the San Francisco Examiner, which it had owned for more than a century. The terms were “totally unacceptable,” Hearst executive James Asher would tell the justice department in a September deposition that turned out to be among the most interesting and candid documents to surface from the intervention.

We learned that Hearst had spent more than 10 years gnashing at the bit for an opportunity to invest in the MediaNews business model, best described as a series of “clusters,” in which Singleton consolidates the operations of several regional newspapers, hacks madly at the payroll with a broadsword, and sends ill-fated staffers packing, from veteran editors with Pulitzers on their résumés to longtime press operators.

We learned that Hearst’s inspiration for its major stock investment in MediaNews began after the two became fast friends in Texas, Singleton’s home state. MediaNews in 1995 sold the assets of the Houston Post for $120 million to Hearst, which owned the Houston Chronicle, enabling Hearst to rid itself of a major-market competitor.

We learned that from day one, Hearst wanted its $300 million investment to directly hinge on Bay Area MediaNews properties as well, presumably meaning they believed it would make the investment more valuable, and also meaning Hearst would then have less of an incentive to compete directly with MediaNews. Would you if your competitor was holding $300 million of your money?

We also learned that an anticompetitive agreement to join advertising and distribution networks with MediaNews was required by Hearst “in order to proceed with the transaction,” according to a memo Hearst exec Asher sent to MediaNews president Joseph J. Lodovic IV in early 2006. In other words, a quid pro quo by its very definition.

We learned that contradictory legal strategies are far from off limits. The Hearst Corp. argued first in Reilly’s 2000 suit that the Bay Area is brimming with aggressive newspaper competition, and for that reason, he had no grounds to denounce the closure of the Examiner planned at the time. The papers argued in 2006, however, that newspaper competition in the Bay Area is actually all but non-existent because the markets are subdivided, so Clint Reilly doesn’t have anything to complain about.

Some of the most interesting material is still under court seal, including the depositions of senior publishing executives. But the settlement specifically allows Reilly to go back into court seeking an order to open those records, and he and Alioto vowed to do that very shortly.

—————————

Overall, it’s been a monumental year for newspapers, replete with massive waves of unfortunate irony. Banner headlines at dailies across the country have prophesied the death of newspapers, a trend story that Hearst and MediaNews tried to use in court to convince judge Illston that the industry was wilting under a consolidate-or-die atmosphere. A better analysis, of course, might conclude simply that shareholders aren’t getting the enormous returns they once did, with the exception of the Chronicle, which, we learned from Reilly’s suit, has been losing $1 million a week for Hearst — if not more.

A shareholder revolt broke to pieces one of the nation’s largest newspaper chains, Knight-Ridder, respected by many in the industry for its commitment to investigations, bold enterprise reporting and funding for national and international bureaus. The company was forced to sell after investors grew restless, and Singleton swept in to takeover the chain’s gem, the Merc, as well as the Times in Contra Costa County.

Layoffs ensued and MediaNews immediately began consolidating business-side functions in a single San Ramon office where operations for several papers could be managed at once. And MediaNews recently spiced up the company’s Web site, an emblem of its new dominant position. But like the old site, there’s very little information about the company’s journalism awards, and no bios of its editors, profiles of its reporters or portraits of anyone driving the company’s papers from the bottom up. Like the old site, there’s information for investors and photos of the company’s top executives, including one of Singleton smiling alongside company president Lodovic, who earned a $1 million bonus just as MediaNews consummated its marriage with Hearst last year.

At MediaNews papers in the Bay Area, single stories began appearing in several papers under one byline during Reilly’s suit meaning fewer perspectives for major Bay Area issues. Again with a touch of irony, one of the regular bylines on stories covering Reilly’s suit has been from veteran Merc reporter Pete Carey, who under the paper’s old owners helped win two Pulitzers, first for its joint 1985 coverage of the downfall of Filipino despot Ferdinand Marcos and second for stories explaining how red tape blocked needed retrofits at some California highways leading to greater infrastructure damage during the 1989 Loma Prieta earthquake.

In Minnesota, a Ridder family heir hung on as publisher of the St. Paul Pioneer Press after Singleton took it over last year with Hearst’s help before he left just recently for a job at the competing Minneapolis Star Tribune. The move has devolved into a bitter court dispute with Singleton, according to the Twin Cities alt weekly, City Pages. The Ridder family’s involvement with the Pi Press lasted more than 70 years.

Even Singleton’s beloved flagship paper, the Denver Post, couldn’t escape “industry changes” – that is, layoffs. The paper reported buyout offers to more than a third of its staff April 24.

But we have received a recent ominous sign of what’s to come just as Reilly inked his settlement with Hearst and MediaNews.

In an election for board directors at the April 24 annual meeting of the New York Times Co., 42 percent of the shareholders withheld their votes to protest the company’s stock structure, which keeps a controlling ownership stake in the hands of the Sulzberger family, the members of which have owned the Times for generations.

The Times – like the Washington Post – has staved off shareholder raids like the one that tanked Knight-Ridder by maintaining their own separate class of stock. The Sulzbergers have reiterated that the strategy enabled them to keep quality reporting at the paper’s forefront and short-term obsessions with profit at bay.

“Mr. Sulzberger dismissed the calls to separate his two titles,” a Times story on the meeting noted, “saying that holding both roles [of publisher and chairman] allows him to ‘balance the financial and journalistic needs of this institution.'”

But Wall Street’s war on newspapers, in the meantime, is likely not over.

“At the beginning of my case, I said that 25 years involvement in politics and government had taught me how important newspapers are to our democratic society,” Reilly said at the press conference. “I hope this lawsuit in 2007 will guarantee competition among newspapers for another generation in our city and the Bay Area.”

THE PAPER TRAIL
Several of the documents stemming from Clint Reilly’s antitrust claim against Hearst, MediaNews and other business collaborators in the California Newspapers Partnership

THE UNFOLDING STORY
Major Guardian stories and editorials published since last spring following the recent major Bay Area newspaper transactions and Clint Reilly’s resulting lawsuit

THE NEW-MEDIA SCOOP
Posts to the Politics Blog about the Clint Reilly suit

THE BRUCE BLOG ON MONOPOLY MEDIA
Keeping tabs on the Galloping Conglomerati via blog reports and impertinent questions

Byorn’s legacy

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When the mayor’s former press secretary, Peter Ragone, got busted posting vindictive comments on local blogs under an assumed name (Byorn was one of them), Board of Supervisors president Aaron Peskin had a pretty reasonable take on the matter: spokespeople paid with city money and charged with informing the public about the mayor’s activities should probably not be launching political barbs at perceived detractors of Gavin Newsom (see "The Ethics of Flacks, 3/7/07).

So Peskin drafted a code of conduct for the city’s public information officers to follow. His resolution passed the Rules Committee on April 19 and is now on its way to the full board. Among other things, it asks flacks to "strive to disclose accurate information, not hide it from the public" and to "respond in a timely and professional manner to all inquiries by the press and public." It also directs them to adhere to the code of ethics maintained by the National Association of Government Communicators.

"Public Information Officers are the primary liaisons between the City, its citizens and the media," the resolution states.

Newsom ally Sup. Sean Elsbernd added even stronger language instructing flacks to "make every immediate effort to retract false and misleading statements made by other members of the Public Information Officer’s department," so there’s no confusion about how Byorn and anyone else with a duty to give the public reliable information is supposed to behave.

While addressing the item, Sup. Tom Ammiano couldn’t resist a jab at Byorn, who has since been removed from City Hall and works on the mayor’s reelection team.

"Is there any public comment on this matter? Mr. Ragone? Oh, I guess he’s not here." (Schulz)

Circus city

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by Molly Freedenberg
TissueThumb.jpg

My friends are circus freaks. Literally. And one of my favorite circus freaks is Marina Kardjieva (pictured), a Bulgarian beauty who is as talented at aerial work (silks, straps, aerial hoop, trapeze) as she is sweet. Lucky for me, I’ve gotten to see a lot of her lately, as she’s been in town rehearsing with musician/performer/community activist extraoardinaires think13 for balance, a multi-media performance opening this Friday at Fort Mason Center.marina.jpg

I stopped by the think13 rehearsal last night to watch the incomparably beautiful Hollis try on her costume, and the scrumptious and hilarious Brennan Figari practice his aerial tissu, and to hear think13 co-founder Dee Kennedy’s strong, haunting voice layered over her partner Christoph’s rockin’ tribal music. And, of course, to watch Marina do what she does absolutely best.

I didn’t see the whole run-through, so I can’t really report on what it will be like. But I do know there will be modern dance, fire dancing, plenty of aerial work, spoken word delivered by a cute boy in a kilt, live drumming, video projections, and lots of think13’s rich, ethereal (think Amy Lee) music.

I also was duly impressed with the performers I did see, and with the story the performance purports to tell. If all goes as I expect, balance will be a gorgeous spectacle that continues to blur the boundaries between the music scene and the performance art scene (which, by the way, sooo needs to be blurred).

If nothing else, it’ll be another reflection of the circus that is this city. Long live the freaks.

CALIFORNIA’S COLLEGIATE FUNNY MONEY CONTINUES: How City College simply flipped your cash bills for a ballot-measure jackpot

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By G.W. Schulz

It must suck to be a celebrity reporter for the Chronicle and have your stories buried on page B9. The Chron’s BALCO star Lance Williams has quietly moved into new territory, most recently with a pretty good little scoop on campaign-corruption problems at San Francisco’s City College.

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Williams reported first on April 6 that a top official at the school had diverted a $10,000 lease payment belonging to City College (taxpayers, in other words) to the campaign coffers of a committee formed in 2005 to convince voters they should authorize a quarter-of-a-billion dollars in bonds for the school so it could build some new stuff. Follow-ups in the Chron haven’t been immediately easy to find, but they’re nonetheless interesting.

City College has been building new stuff since 1997, and 2005 was the third time they returned to you asking for more money. Spending money on community colleges is good. Spending your money to bankroll a campaign committee formed solely to convince you to spend more money on community colleges is probably illegal.

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The first story noted that administrators had also directed a $20,000 lease payment made by a contractor doing very recent business with City College into the same committee’s bank account, but that money was returned several months later. The businesses making the payments were told to just fill their checks out to the campaign fund and bypass the school entirely, even though the school was where the money was supposed to go. When Williams started making calls to City College administrators asking about the remaining $10,000, that money was returned, too.

Williams also identified several businesses that made contributions of $10,000 or more to the campaign committee “within days of negotiating contracts with the community college.”

New York Times beats libel suit in Texas

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By G.W. Schulz

The 2003 package of investigative stories known as “A Dangerous Business” ranks highly among adoring muckrakers. It was put together as a joint PBS Frontline episode and series of articles in the New York Times, all led by journalistic juggernaut, Lowell Bergman. The series highlighted in excruciating detail workplace safety problems at a pipe manufacturing plant in Tyler, Texas, owned by the Alabama-based company, McWane, Inc. and earned the contributors a Pulitzer Prize.

The Justice Department and Environmental Protection Agency launched criminal investigations into McWane plants the same month that the series launched.

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Lowell Bergman to world:
“Don’t fuck with public television.”

But after it actually ran, a cloud of sorts was cast over Bergman’s reporting when the owner of a workplace safety medical provider called Occu-Safe sued for libel arguing that the Times articles included false statements about the quality of care provided to McWane employees by Occu-Safe.

A judge has dismissed the libel suit as of Tuesday without offering a written opinion, meaning it’s not clear what argument made by Times attorneys in a motion for summary judgment worked. But the Times legal team had argued that the articles could not be legally regarded as defamatory, because they described conditions and events at the plant truthfully. A Times vice president believes Occu-Safe will appeal, but he says they’re sure to prevail again.

The entire package is a riveting primer for anyone even remotely interested in how workplace safety regulation works (or doesn’t, depending on a number of factors) in the United States. Bergman more recently completed a series of pieces for Frontline on the fate of newspapers (and other media) in the United States and is a professor at Berkeley’s graduate School of Journalism.

*Image from Berkeley’s journalism school Web site

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.

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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.

Clean isn’t always green

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› gwschulz@sfbg.com

There’s no more symbolic and tangible an issue for elected officials than clean streets.

Not everyone can see firsthand how well local schools are operating, whether nonprofits receiving city grants are spending the money wisely, or if every board and commission is complying with open-government rules.

On the other hand, everyone knows when the streets are filthy, and if a grease-soaked, wind-tossed burger bag slaps you in the face on your way to the ballot box, you’ll angrily remember it.

But clean doesn’t inherently equal green. Street sweepers don’t magically cause dirt to disappear. Where do the used condoms, food wrappers, trails of frothy malt liquor, puddles of urine, auto exhaust particulates, oil and gas residue, toxic chemical spills, and arching piles of trash go after being sucked into a street sweeper’s collection bin?

Well, two places really. When haulers and street sweepers at the Department of Public Works pick up junk from the streets, as much as possible gets recycled at a site on Tunnel Avenue.

"DPW separates materials we pick up for recycling [furniture, appliances, construction debris, etc.], which as recently as 2003 went to the landfill," department spokesperson Christine Falvey told the Guardian.

Then, however, the street sweepers all congregate at a DPW maintenance yard on César Chávez Street, where workers hose charming layers of sludge off the inside reservoir panels of the trucks and out onto two grates — little more than storm drains, which ultimately empty into the bay.

Harvey Rose, chief budget analyst for the Board of Supervisors, released a comprehensive management audit of the DPW in January. Buried on page 149 is a description of what San Francisco does with all this waste scrubbed from the city’s asphalt surfaces and left clinging to the inside of street sweepers.

For the audit, Rose’s office hired health and safety experts from the San Francisco Public Utilities Commission and the San Francisco International Airport to conduct an inspection of the maintenance yard.

We recently requested a copy of the report, and it shows that the foul and possibly toxic liquids removed from the trucks — still swirling with smaller debris that slipped through the grates — wind up in the city’s sewers.

A capture basin below the drains, which the SFPUC cleans out once a week, gathers some of the smaller debris such as trash and gravel. But the basins lose their treatment capacity once they’re a third full, and auditors noted that the basins were almost overflowing when they visited. And despite the presumably high concentration of pollutants in the waste liquids (uninhibited runoff from the streets is a chief contributor to water pollution), no special attention was being given to their handling.

"There are no measures in place to prevent an acute discharge of a collected hazardous material," the analyst’s report concluded, "or to reduce the chronic influx of pollutants generated from this activity."

In other words, the city is cleaning crud off the streets, where people can see it — then dumping it into the bay, where it’s a lot less visible.

In the DPW’s official response to the audit, director Fred Abadi did not dispute how poorly the agency was treating discarded waste from street sweepers and vowed to link the catch basin to a multichambered oil-grit separator, as auditors proposed. Falvey admitted that sometimes night-shift sweepers dumped their entire loads at the César Chávez yard, but she said that habit stopped after the audit was released. The DPW is currently in the market for an oil-grit separator, she added, and the maintenance yard’s drains that receive material from the sweepers have been covered with metal nets.

Of course, all that flushing also requires a lot of water — and that’s in scarce supply right now. San Francisco is experiencing its fourth driest winter on record, and to fill the region’s water needs, there’s talk of diverting more precious flow from the Tuolumne River, threatening fish and wildlife (see "Draining the River").

The DPW’s "street flushers" can each hold 3,200 gallons of water and use about 15,000 gallons of freshwater every business day to cover an average of 25 routes.

In comparison, three average San Francisco households would have to cease using water for an entire month to equal the amount of water used to clean local streets each day. The DPW’s Bureau of Street Environmental Services used 5.6 million gallons of water last year, according to figures provided by water officials. The agency used 90.8 million for landscape maintenance, mostly irrigation for street medians, which during droughts in the late ’80s was temporarily outlawed to conserve water, according to SFPUC spokesperson Tony Winnicker. San Francisco is not there yet, but "for now we would just like everybody to cut back," Winnicker said, "and certainly the city has room to do that as well."

There are costs involved in not cleaning the streets. The Maryland-based Stormwater Center, funded in part by the Environmental Protection Agency, argues that it’s not clear how much street cleaners help remove surface pollution before it runs directly into the oceans. The center says, however, the runoff could be reduced by 5 to 30 percent with the right modern trucks and aggressive maintenance.

Street sweeping as a municipal function historically began as a matter of aesthetics. Unmanageable layers of trash and slime on the street are unsightly and generally not considered to be a part of good public policy, to say the least.

More recently, though, cities have looked at how street cleaning can also help green their locales. "They still want to pick up trash and litter, which was the original idea," said Jim Scanlon, a program director for the Alameda Countywide Clean Water Program. "But it’s moving a little bit more toward wanting to pick up the finer particles because of the pollutant-reduction capabilities."

To its credit, the DPW has planted several thousand trees in the city over the past three years at the direction of the mayor, helping to contain burgeoning stormwater during heavy rains that would otherwise overflow into the ocean. It’s a strategy lauded by groups such as San Francisco Planning and Urban Research. And elsewhere at the César Chávez maintenance yard, auditors noted the DPW’s good housekeeping, including its storage of toxic materials.

But scooping up noxious sludge in one place and pouring it out somewhere else isn’t exactly the sort of green behavior that Mayor Gavin Newsom likes to talk about. *

Shooting spree suspect named

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By G.W. Schulz

Virginia rampage shooter identified. Love kills. Gun opponents are pissed, while NRA supporters are keeping quiet.

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*Photo from Virginia State Police via SFGate

Newspaper execs pose uncomfortably for camera

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By G.W. Schulz

Dean Singleton is fuckin’ stoked! Check him out below! That’s him on the right there. He’s the CEO of MediaNews Group, beloved by laid off reporters and editors everywhere, some who adore him so much, they throw empty beer cans at him.

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Dean Singleton (right) with dreamy blue eyes
and conservative red tie. Tighten that knot, Dean!

If you owned as many newspapers as this guy does and flew around the country in your own private jet to deal with each one, you’d probably be able to hammer out a slightly bigger smile than this, huh? Dean’s spicing things up at MediaNews Group with a brand spankin’ new Web site and a recent office move across town to swankier digs in Denver, where the company has long been based.

So who’s that guy on the left there? That’s Joseph J. Lodovic IV, president of MediaNews. He earned a fat $1 million bonus last summer after the Hearst Corp., owner of the San Francisco Chronicle, gave MediaNews nearly $300 million to complete its big local newspaper buyouts that included the San Jose Mercury News and the Contra Costa Times. Joe’s muggin’ big ’cause he knows he’ll have his own private plane soon enough!

A hammer, a pizza guy, and $60

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› gwschulz@sfbg.com

When Darius Simms walked into Department 25 at the Hall of Justice late last year, dressed in the orange cottons inmates wear at the county’s downtown jail, he received some good news. He was being released.

The bad news was that he was still going to be punished for something a judge said she was pretty sure he didn’t do.

Simms had been on probation when he was arrested for allegedly bashing in the head of a pizza delivery driver for $60. But the District Attorney’s Office couldn’t make a criminal case against him, and the charges of assault, attempted murder, and robbery were dropped.

Still, on the advice of his lawyer, Simms accepted a deal that extended his probation until 2009 just to escape the hoosegow — essentially on the grounds that the normal rules of the criminal justice system don’t count for those on probation, innocent or not.

The way California’s probation system works, it doesn’t matter if law enforcement proves an ex-con committed a crime. Just getting arrested can mean trouble.

It is, one defense lawyer told us, a "dirty little secret" of criminal prosecutions in the state.

The prosecutors may not have a case to take to a jury, in which a defendant is innocent until proved guilty and the evidence has to be proved beyond a reasonable doubt. But they can send people on probation, such as Simms, to jail anyway, and that requires only a hearing before a judge.

"It’s not 12 people agreeing. It’s one," Robert Dunlap, the defense attorney for Simms, told the Guardian. "And it’s not beyond a reasonable doubt, it’s by a preponderance of the evidence. It’s a lower standard of proof."

Deputy district attorney Jim Thompson insisted that Simms was guilty even though he lacked proof, and he wanted to railroad the 26-year-old Western Addition native into more jail time.

Sitting behind the prosecutor that day in the gallery of Department 25 was a man named Tony Portillo. If Simms’s defense attorney hadn’t negotiated an extended probation for his client, Portillo would likely have testified that Simms pounded the pizza driver with what Portillo says was a wood-handled, iron-head hammer — the same testimony Portillo gave during a preliminary hearing for Simms in September 2006.

Portillo was the people’s main witness, an auto mechanic who the DA’s Office had originally believed would help keep Simms behind bars for what Thompson described as a "heinous" crime.

But case number 194817 reveals just how quickly the roles can alternate in Superior Court and how the probation status of a defendant can make a mess of the legal system.

FOR THE PEOPLE


For several months Portillo had been restoring a 1973 Dodge Challenger for his pal Apollo Pacheco’s girlfriend. The car was kept in the garage of Pacheco’s home, on 47th Avenue in the Sunset.

The 28-year-old Portillo has an unassuming stature at two inches shy of six feet and boasts an "SF" tattoo on his right arm. On April 4, 2006, he was in Pacheco’s garage working on the Challenger’s floorboards, wheelhouse, and one of the quarter panels. Portillo says he had seen Simms around the neighborhood, and the day before, Simms stopped by to ask if Portillo was willing to sell his car, which was sitting in Pacheco’s driveway. "He seemed like a fine individual," Portillo would later testify.

Simms is heavyset at six-foot-one and at the time had a short moustache and beard. He’s no stranger to the Hall of Justice. In fact, the very law enforcement office that would later try to pin him for attempted murder had sent him to the Sunset in the first place. He was supposed to be living quietly with his mother by the beach in a witness protection program, poised to testify against a man who’d allegedly shot him five times.

When the Guardian reached Portillo in person, he declined to speak on the record, but he did tell police inspectors that Simms lied at the time of their meeting by telling him he was 22. Simms, who is now 27, was also on probation for a handful of robbery and battery cases stemming from 2001.

The sale of Portillo’s junker never happened, but Simms returned the next day, and Portillo asked for help removing the Challenger’s rear window. "He was there basically for company," Portillo told the court. Throughout that second day the two talked over cans of Olde English, at which point the story began to turn.

According to court records, at some time during the afternoon, Portillo slunk into the house and stole from the fridge a rum drink prepared by Pacheco’s roommate, Ted Langlais. Langlais discovered the theft later, and the two would clash over it.

After sharing the rum, Portillo realized he needed to run to the Kragen Auto Parts store on Taraval and buy a new piece for his welder. On his way out, he asked Langlais for money, who testified that he said no.

Two young women who were visiting stayed behind at Pacheco’s house, where Langlais was painting their nails. (One of the two girls is a witness in the case, but we are concealing her name because she’s a minor. Portillo testified he believed she was Simms’s girlfriend.)

Simms, Portillo, and the girl congregated back at the garage around 7 or 8 p.m. Simms and the girl wanted to order pizza. Portillo promised to pitch in five dollars. After a period during which Portillo stated he was gathering his tools and cleaning up, the pizza arrived.

"I was washing my hands to get ready to eat," Portillo later testified. "I heard a knock on the garage. The garage was slightly open. I looked up. I saw [Simms]. I heard a thump. I looked over. I saw him striking the pizza delivery person with the blunt object."

The pizza guy, Marco Maluf, was screaming, and Simms was telling him to shut up, Portillo told inspectors the night it happened. Maluf had $60 cash on him, which he would later testify was taken.

Simms and his friend left on foot down 47th Avenue. Portillo was in shock and didn’t know what to do. He reported that he collected his tools and threw them into his car.

"Ted came down, and he said, ‘Dude, why is this guy bleeding all over my floor?’ " Portillo told the inspectors. "And I go, ‘I don’t know, Ted. Ask, ask them,’ " pointing toward the couple walking away. He didn’t call 911 but drove back toward his home in the Portola District. He called a childhood friend, a firefighter at Station 42 on San Bruno Avenue named Michael Guajardo, to ask for help. Guajardo encouraged him to go to the Taraval police station, where inspectors recorded Portillo’s version of the story.

He told the inspectors Simms called him afterward to tell him about the $60. "Dude, don’t call me again, dude," Portillo said he told Simms. "We’re done. Don’t ever — we’re done. You fucked up."

Five days later Simms was arrested for the attack. He told police interrogators that he wasn’t in the garage when the pizza arrived. Portillo, he said then, had given him and the remaining girl a ride to his house up the street. But Simms eventually admitted to police he’d returned to the garage with the girl. The girl ultimately admitted the same thing during her interview with the inspectors.

This story is far from complete, however. While Simms waited in jail, defense attorney Robert Dunlap pursued a different narrative for what happened on April 4.

FOR THE DEFENSE


Simms says he never knew Portillo as much by his birth name as he did by a nickname Portillo had given himself: Capone. He says Portillo introduced him to Langlais as a "friend from high school."

"He called me his window man," Simms told the Guardian. Simms had never taken a window out in his life, he admitted, nor had he known Portillo extensively, but he played along. "I said, ‘Cool, it’s a place to hang and drink and everything.’ "

Portillo denied in court that he ever went by the name Capone. But his close friend, Guajardo, testified during a September 2006 preliminary hearing that in recent months Portillo had, in fact, been calling himself by that name. Simms was calling Portillo by that name to police interrogators five days after Maluf was beaten. So was the girl who remained at the home that night.

Simms never testified in court, because the primary charges against him were dropped. But if Simms had testified before a jury, he likely would have told them he and Portillo had dropped by the home of Portillo’s grandfather to get some money for crack during their trip to the Kragen Auto Parts store. That’s how Simms says he knew Portillo’s grandfather had a breathing problem.

Guajardo also told the court that Portillo’s grandfather relied on a breathing apparatus for oxygen. He noted that his fire station had made medical calls to the man’s Portola home to assist him. But when defense attorney Dunlap asked Portillo about it, he denied to the court that his grandfather had any breathing problem.

Portillo also couldn’t clearly recall for the court if he’d ever been convicted of a felony. But in 2000, records show, police did arrest Portillo for cocaine and marijuana possession, and at the time, he had a suspended driver’s license. The day before Maluf was attacked, Portillo had also received a ticket for running a stop sign while taking Simms for a spin in his car along the Sunset’s Great Highway. At that time, he had a 30-day restricted license, the result of a DUI case.

After returning from the trip to Kragen and drinking a couple more beers, Portillo took Simms and the girl to Simms’s house for a change of clothes, and Portillo left alone, Simms told us.

Langlais was livid by then, having realized Portillo took his rum from the fridge. On Portillo’s way back to the house, he and Langlais argued over the phone. When he arrived, Langlais was armed with a baseball bat, according to Portillo’s court statements.

"I called Tony," Langlais testified last September, "and basically was just yelling at him on the phone for a little while…. He apologized profusely, broke down, and started crying, and I just didn’t expect that."

"I go, ‘Hey, look,’ " Portillo told the court. "’I’m not here to fight with you over this rum.’ … And he was pretty mad, so I got a little emotional."

Much of April 4 seemed charged with anxiety. Portillo by then sounded drunk, according to the testimony of Pacheco, who also argued on the phone with Portillo about the stolen rum.

The rum fiasco was resolved delicately. Simms and the girl returned to the garage with more beers. They ordered pizza. Portillo promised to pitch in. Simms says that he stepped outside for fresh air, his head spinning from the drink. The pizza man arrived.

"As soon as I step outside, I hear, ‘Uh! Uh!’ He just cavin’ this guy’s head in," Simms says. "Kickin’ him. Hittin’ him with the hammer. Just blowin’ him out of the water with it. This guy is cryin’, sayin’ some shit in some other language [Portuguese]. And [Portillo’s] yellin’, kickin’ him, sayin’, ‘Shut up! Shut the fuck up now!’ Ted comes down. He looks. ‘What the fuck is goin’ on?’ [Portillo’s], like, ‘We gotta get up outta here. I’m goin’ to Mexico.’ "

Simms says it was the start of the month and he had just cashed a Supplemental Security Income check. He didn’t need to rob the pizza man. He says police arrested him because of his background and because he lied to them about being in the garage — "I just panicked. I know how it is. I got priors."

He didn’t bother with a coat of sugar.

"The guy was small. I’m a big boy. I don’t need no fuckin’ hammer to get him. I’m just sayin’. I’m 300 pounds. If I would have used that hammer on that man, he would have been dead."

The pizza driver survived after being transferred to San Francisco General Hospital but suffered a skull fracture and lacerations that took 30 staples in his head to repair. He still gets headaches and can’t remember anything about that night.

STANDARDS OF PROOF


Nearly two decades ago the California Supreme Court declared that a lower standard of proof was sufficient to put suspects behind bars for vioutf8g the terms of their probation.

A judge convicted Juan Carlos Rodriguez of vioutf8g his probation in 1988 after a convenience store employee in King City testified that Rodriguez had shoplifted several pairs of utility gloves. The judge relied on a diluted standard of proof known as "a preponderance of the evidence" to revoke his probation rather than the "beyond a reasonable doubt" required from juries at full-blown criminal trials.

Rodriguez appealed and won. But prosecutors took the case to the state’s highest court, and in 1990 the justices decided that state case law already permitted a lower standard of proof known as "clear and convincing evidence." In effect, the court ruled, the state could send a person on probation back to jail on as little proof as it wanted. Besides, the justices argued, a higher standard amounted to retrying a criminal who’d already been granted the court’s grace and would unnecessarily burden the system.

Coincidentally, former San Francisco DA Arlo Smith filed a friend of the court brief in People v. Rodriguez supporting the state’s position.

But at least one concurring judge worried ominously that with a lower threshold for alleged probation violations, "an unfortunate incentive might arise to use the revocation hearing as a substitute for a criminal prosecution."

Former supervisor Matt Gonzalez, who worked as a public defender prior to his time at City Hall, says that’s exactly what’s happened. He recalls a case that surfaced years after Rodriguez involving a woman named Mary Elizabeth Alcoser. Although she had a long history of trouble ranging from severe narcotics abuse to prostitution dating back to the 1970s, according to criminal records, after police charged her with assault in a 1997 case, she was fully acquitted by a jury, citing self-defense.

"Even though she was acquitted," Gonzalez said, "the judge sent her to prison on a probation violation, because he determined that by a lower standard of proof, she was guilty…. The real question is, who benefits when you don’t have the higher standard of proof employed?"

In another case, Gonzalez represented a Hispanic man facing robbery charges following an incident at a Mission bar. A witness described the assailant during testimony as African American. But the judge sent Gonzalez’s client to prison on a probation violation anyway, claiming that a piece of jewelry snatched during the encounter and later found on the suspect implicated him, even though he’d never even been charged with receiving stolen property.

Gonzalez calls it the "innuendo of a case unproven."

Speaking in general terms, longtime local defense attorney Don Bergerson said it’s far from uncommon for the DA’s Office to use an alleged probation violation as leverage for getting tough jail sentences when a case otherwise looks lifeless.

"To hide behind the fact that the standard of proof required to revoke probation is ostensibly less seems to me to be morally and practically dishonest," Bergerson said, "even if one can justify it semantically."

When we reached deputy district attorney Thompson, he refused to talk about the Simms case. But spokesperson Debbie Mesloh said outright that the DA’s Office was seeking to take advantage of the lower standard of proof and added that there was at least enough evidence to hold Simms for trial.

"The charges in this case were dismissed because we await crucial DNA evidence that was not available at the time that the defendant was scheduled to go to trial," Mesloh wrote in a January e-mail. "We currently await the findings of this evidence."

Her office confirmed in a follow-up e-mail, however, that the DNA analysis has so far gone nowhere. To this day, no reasonably good physical evidence from the case has been identified.

FOR THE RECORD


Somebody almost killed Maluf, and the two most likely suspects are Portillo and Simms. Neither is a Boy Scout, and both have an obvious incentive to finger the other.

That’s exactly why courts require strong evidence — enough to convince a jury beyond a reasonable doubt — before sending someone to prison. Using shortcuts such as probation revocations leads to slipshod prosecutions and wrongful convictions.

Strong evidence standards are particularly important for a case as muddled as this one.

Portillo told the court he doesn’t do drugs, let alone smoke crack.

While he’s "got no love for Tony" over the stolen rum, Langlais told us he’s certain he heard Simms yelling at Maluf, and he saw Simms standing over him when he entered the garage from upstairs. He’s "enraged" that San Francisco’s "revolving-door" criminal justice system put Simms back on the street.

But defense attorney Dunlap said Portillo’s testimony, which the lawyer described as "inconsistent," wasn’t nearly enough to prove the assault, robbery, and attempted murder charges.

"When Jim Thompson got the case assigned to him upstairs," Dunlap said, "I think he took an honest look at it and realized he was going to have a hard time convincing a jury beyond a reasonable doubt that [Simms] was guilty of the crime. Because [Simms] was on probation, [Thompson] opted to dismiss the trial and proceed on a motion to revoke instead…. It was more or less a practical way to try and salvage something from a sinking ship."

After reluctantly accepting the extended probation deal for Simms at the hearing Dec. 13, 2006, Thompson still complained that Simms deserved more jail time.

"Your honor, this disposition is over the people’s strenuous objection," he indignantly informed Judge Charlotte Woolard. "The defendant has a lengthy criminal history…. And I do believe there is sufficient evidence that the defendant was the culprit in this matter."

But Woolard had a different opinion, based on a reading of Portillo’s testimony from the preliminary hearing, a telling example of how difficult it will always be to turn a real-world criminal prosecution into a fictionalized television drama and why the resolution of this case might actually be the worst possible outcome.

"The people’s main witness," she said, "in this court’s opinion is quite likely the person that committed this offense." *

Seymour Hersh weighs in on who deserves to die

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By G.W. Schulz

Investigative reporter Sy Hersh in an interview with Rolling Stone national correspondent Matt Taibi on what could be done to improve big media’s tepid coverage of the Bush White House:

“You’d have to fire or execute ninety percent of the editors and executives. You’d actually have to start promoting people from the newsrooms to be editors who you didn’t think you could control.”

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Sy Hersh looking murderous

Guardian staff writer G.W. Schulz in an open response letter to Hersh:

“Dude. Fuck yeah. You should be in a metal band. All this talk about executions.”

‘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.

SPANKING THE PRESS: Matt Taibbi and turd-tossing apes at the New York Post

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By G.W. Schulz

The absolute best (and darkest) moments in Rolling Stone contributor Matt Taibbi’s book on the 2004 presidential election are not when he attacks the contemptible political antics of the candidates themselves, but when he savagely launches mortar shells at the national press corps trailing along on the campaign planes.

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His most memorable direct hit is leveled at the New York Post and its election coverage under the weighty tutelage of media mogul Rupert Murdoch in a single, brilliant paragraph:

“It’s always a little surprising to remember that the New York Post has a ‘Washington bureau chief’ filing ostensibly factual stories from the Hill about the movements of the president and other real, breathing government officials. The effect of reading these touchingly earnest impersonations of credible journalism is a little like watching Koko the gorilla play with a kitten or punch the ‘buttons’ on a toy telephone. My God, you think. It’s so human! But sooner or later Koko plugs her ears with her own turds again, and she’s back to being just another loveable ape.”

Our illustrious executive editor, Tim Redmond, may actually dislike our praise of Taibbi’s ferocious Post critique. Long-time Guardian readers familiar with the paper’s old design know Tim adores the Post’s screaming banner headlines and splashed them similarly across the Guardian’s former front-page template for years without shame.

THE COCKS OF CORPORATE WOLVERINES: Punk’s Not Dead. It’s just rotting in Dede Wilsey’s asshole.

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By G.W. Schulz

Poor 7×7 magazine. They try so hard to sound authoritative on all the subjects they cover. And to be sure, they’re quite good at publishing photo spreads of wealthy philanthropists forcing bleached-white terrified grins like hostages hearing a your momma joke from a bank robber.

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But if the subject doesn’t involve skin-tight “Juicy Couture” maternity jeans (page 16 in the April issue), or how to get naked with a stranger using feng shui (page 54 in the April issue – it’s not nearly as exciting as it sounds), then their coverage is likelier to fall flat on its face with an embarrassing thud.

For instance, punk rock is all the rage these days at San Francisco’s rag for the richest. A magazine like 7×7 understands counterculture and punk rock about as well as a dog understands irony. They’ll just never quite get it. (Do we really have to point any of this out?)

But with the de Young Museum in Golden Gate Park hosting an exhibit for queen-of-the-punk-aesthetic fashion guru Vivienne Westwood, and the documentary Punk’s Not Dead appearing at the upcoming SF International Film Festival, the city’s opulently rich have decided shit is all about curling your lips and pumping your Prada purses defiantly in the air.

MediaNews exec bails

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By G.W. Schulz

Just caught up with the scoop that young MediaNews executive Eric J. Grilly has resigned from the company to take over online operations for Philadelphia’s two largest newspapers. The papers were purchased by a group of investors calling themselves Philadelphia Media Holdings last year for well over half-a-billion dollars from the Sacramento-based McClatchy Company.

Grilly made good money at MediaNews and it’s difficult to imagine that his $350,000 annual salary could be topped to run some Web sites, but maybe he was simply looking for fresh air and, you know, esteem. As far as journalistic reputation goes, the Philadelphia Inquirer, included in last year’s purchases, had a stellar reputation for tough investigations under Knight-Ridder, though it did suffer layoffs and bleeding.

Grilly became a MediaNews exec first in 2000 and only just last year ascended to the post of MediaNews senior vice president. His dad retired from a MediaNews corner office around the same time.

Canadians politely begin invasion of Bay Area

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By G.W. Schulz

Word arrived today that Transcontinental, the Canadian company hired by the San Francisco Chronicle to build a shiny, new billion-dollar press, has been scouting locations in the East Bay city of Fremont for the facility. The Chronicle signed a 15-year outsourcing contract with Transcontinental, which also publishes La Presse, the Globe and Mail and the New York Times in Canada, last November.

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Fremont development manager Lori Taylor confirmed they’d received calls from the company, but they haven’t heard from Transcontinental since last month. She said Newark was also a rumored location for the plant.

The Chronicle‘s deal with Transcontinental served a crushing blow to the Web Pressmen and Prepress Workers’ Union Local 4, one of the nation’s oldest such unions. Local 4’s current contract with the Chronicle, reluctantly signed by the rank-and-file last year, expires in three years and there are no assurances Transcontinental will hire any of the union’s over 200 workers meaning a possible end to its tumultuous relationship with the Chronicle and its parent, the Hearst Corp.