This week I had the pleasure of visiting the editorial offices of the Last Newspaper in America, the Anderson Valley Advertiser, having not been there for a few years. Amongst the cluttered paraphernalia of old-fashioned newspapering and with the magnificent golden hills of California’s Mendocino County visible through the half-drawn curtains, legendary Editor Bruce Anderson and Major Contributor Mark Scaramella served up stories of past and present. In the latter category was this week’s AVA report on a sheriff’s investigation of County Supervisor Dan Hamburg’s burial of his late wife’s body on the family property. She wished this to be her last resting place, but it seems that her perfectly sensible desire for an at-home burial neither accords with Californian law nor pleases a sheriff perhaps too eager to exhume the body of a political foe’s wife. This talk of bringing up the bodies made me think of the fate of Bach’s bones.

* * *

Bach was buried on July 31, 1750, three days after his death, on the south side of St. John’s church outside the walls of the city of Leipzig. So-called “extramural” (outside-the-walls) burial became the norm after the introduction of the Lutheran Reformation in Leipzig in the 1530s. Extramural interment was a response to a range of corrupt practices that had long provided vital sources of income for the Catholic church: the charging of fees for special masses for the dead, for intercessory prayers, and for indulgences intended to procure the remission of damnable sins for those lingering in purgatory. Before Luther sent these sacred cash cows out to pasture, the dead represented a vital renewable resource for the enrichment of the Vatican, at the time of the Reformation pouring money into Michelangelo’s rebuild of St. Peter’s. The physical removal of the dead to a location outside the social geography of everyday life was a crucial feature of the Reformation: because Lutherans were offered no way of intervening on behalf of their dead, no money was to be made from prayers made after their burial. The dead were not to be forgotten, but they were to be separated both spiritually and physically from the living.

Anticipating his own interment during his final illness, Bach would have expected God to look after his posthumous body, and he would assumed that the oaken casket in which his body was to be buried would be his resting place until the Last Day, when his decomposed corpse would be raised up and transfigured into its gleaming heavenly form. Bach’s bones would indeed have remained in the ground where they were put on July 31, 1750, had his beliefs about the dead body retained their currency. But a new faith — science — had its own designs on Bach’s remains. Spurred by an emerging sense of national pride, nineteenth-century Germans began digging up famous historical figures — Kant, Schiller, Beethoven, and others — and examining their bones, before placing them in new, more prominent “final resting places” that encouraged worshipful pilgrimage, often in the shadow of a ponderous, nationalistic monument. If Bach’s bones could be exhumed, the remaining biological characteristics of his genius could be scientifically described.

By the nineteenth century Bach’s burial place was without a marker; prevailing scholarly opinion in the 1890s held that there had never been one. This made the task of finding his remains difficult, given the number of bodies that had been buried around St. John’s. Oral tradition had it that Bach’s grave was six paces from the south door of the church; this was the spot where choristers from St. Thomas School had long sung every year on the anniversary of Bach’s death. In spite of the interest in finding Bach’s actual gravesite and remains, many were not hopeful. In 1880 Bach’s celebrated biographer, Philipp Spitta, claimed that the grave had been obliterated and would be impossible to locate. Gustav Wustmann, director of the Leipzig city archives, had been among the most eager to find Bach’s grave and had discovered a St. John’s account book that showed that Bach had been buried in an oak casket, one of only twelve such boxes out of the 1400 Leipzigers who had died in 1750; this narrowed down the hunt for the remains considerably. But in spite of his own efforts, Wustmann became convinced that there was little chance of finding Bach’s grave.

The chairman of the St. John’s vestry, Pastor Tranzschel, did not give up hope. During the rebuilding of the church in 1894 he ordered excavations in the graveyard, directing some of the workers to dig down to about eight feet in the area where Bach’s grave was thought to have been. On October 19th of that year Tranzschel summoned Leipzig forensic expert and craniologist Wilhelm His to the excavation site. Dr. His described the scene as an enormous hole filled with “heaps of bones, some in many layers lying on top of each other, some mixed in with the remains of coffins, others already smashed by the hacking of the diggers.” All the coffins seemed to be of pine. The workers were now ordered to dig more carefully and look for signs of an oaken casket. At eleven in the morning on October 22nd, after three days of digging, they came upon one. The casket had collapsed around the skeleton, bits of wood mashed around the bones. Dr. His began sifting through the remains, and quickly established that they belonged to a young woman of diminutive stature. Before disappointment could set in, however, another oaken casket was found, but the workers demanded lunch before prying it open. In inclement weather perfect for the Gothic scene, a dark-clad pastor and an anatomist stood over a jumbled pit of bone, mud, and wood in which men dug with picks and shovels as the second casket was pulled from the ground.

Dr. His removed the skull from the casket and slowly, too, the bones. They could quickly see that the skeleton belonged to an elderly man. The skull, wrote Dr. His later, was “sturdy and of strong features” — a protruding jaw, relatively low-set eye sockets, a sharply angled base of the nose. Dr. His could barely believe his good luck: after inspecting less than a dozen sets of remains in the bone-strewn mud littered with so many skulls of “indifferent form,” he had found a remarkable specimen, the skeleton that had to have belonged to a man of distinction. There was third oaken casket unearthed that morning, the skull inside smashed beyond recognition and therefore unsuitable for scientific study. Could those have been Bach’s bones? Dr. His conveniently dismissed that possibility, so that “Bach’s” skeletal remains could now be assembled and analyzed.

Armed with the anatomist’s contempt for religious squeamishness, Dr. His carefully dissected Bach’s skull so that the brain could be cast in plaster and its features analyzed. Bach’s temple, then thought to be responsible for aural cognition, was seen to be particularly well developed. These bones were cross-sectioned with a super-thin jigsaw so as to minimize the irreplaceable loss of bone mass. After painstakingly measuring the openings in the temple bone, Dr. His sent his data to a Viennese professor of osteology who was especially impressed by the size of the fenestra rotunda — the opening between the middle ear and the cochlea. These were exceptional bones that must have belonged to an exceptional person. Further comparative research, suggested Dr. His, should be done on the skulls of other dead composers, though he lamented the disappearance of Beethoven’s temple bones after their exhumation earlier in the nineteenth century. They’d been unscrupulously sold off to an English doctor.

Just as important as the analysis of Bach’s brain was the project to reconstruct Bach’s face. For this endeavor, the varying thickness of the flesh had to be established scientifically. Over the winter of 1894 Dr. His began his own tissue research with grim eagerness, probing the faces of thirty-seven corpses with a sewing needle and measuring the depth of the flesh, from the surface of the skin to the bone. According to his macabre report printed in the journal of the Saxon Academy of Sciences, all but four of the corpses were male: nine bodies “consumed by disease,” came from the penitentiary; the remaining twenty-eight were “healthy suicides.” The inmates were for the most part emaciated; the suicides by contrast were “well-nourished and robust.” The averages of the measurements of the regions of the face were computed and then compared with the data from the faces of the eight elderly men who had died while still in fairly good condition. On the basis of this data a face could be sculpted on the Bach skull. And if the result accorded reasonably with the historical portraits then it would further verify that the skull was Bach’s. Whereas these historical portraits had, of course, been the result of the artists’ skill and sensibilities, His now believed that a bust of Bach based on objective scientific data could be created, a likeness which would surpass the accuracy of any of the historical portraits on which its verification depended in the first place. The glowering result, sculpted by the Leipzig artist Carl Seffner, is the head that visitors to Leipzig see atop the monumental bronze of the composer in the square outside St. Thomas’s Church, where Bach worked for the last three decades of his life.

With the bust completed and the data assembled and published, Bach’s reconfigured remains, arranged in anatomically correct configuration, were laid in a newly-made sarcophagus of heroic proportions, and placed in a tomb below the altar of St. John’s church, where they could be visited and honored.

But St. John’s was still not to be Bach’s final resting place; the remains would be moved again before the Last Day. St. John’s was bombed in the Second World War, but the vault was not destroyed, Bach’s remains lying safely in their thick stone box. In 1950, the 200th anniversary of Bach’s death, the coffin was moved to the Thomaskirche in the center of Leipzig. At the entombment of Bach’s remains in his former place of employment, a group of state and religious dignitaries placed a wreath on the bronze plaque that marked Bach’s new “final resting place.” Reporting on the Leipzig Bach festival for the West German magazine Musik und Kirche, the musicologist Walter Blankenburg noted that in the celebrations of the 200th year of Bach’s birth, the Thomaskirche had become a place of pilgrimage from morning till night, with many lavish funeral wreaths placed above his bones.

The performance of Bach’s Art of Fugue was the culminating event of this landmark Bach festival, one that, as Blankenburg noted, took place in a devastated Germany. Hearing the Art of Fugue in this house of pilgrimage, with Bach’s wreath-laden tomb in view no doubt added to the intensity of the reaction following the cataclysmic breaking-off of the final contrapunctus, the point at which the composer himself had died — at least according to his son’s somewhat suspect annotation in the autograph manuscript. Blankenburg heard in the “seconds of silent stillness which the thousands spontaneously raised up … undoubtedly something more than a sentimental state of excitement.” Emerging from the hushed reverence of mass emotion came the death-bed chorale Vor deinen Thron tret ich hiermit (Before Your Throne, I now tread). Bach’s bones also remained silent beneath this cathartic spectacle for a divided nation.

A 2009 article appearing in the Medical Journal of Australia came to the conclusion, one harbored by more than a few at the time of the 1894 exhumation, that the skeleton had not belonged to Bach. The Thomas Church rejected a bid by the researchers to test the DNA of the bones buried beneath the bronze plaque where thousands of pilgrims continue to lay flowers each year.

David Yearsley is a long-time contributor to CounterPunch and the Anderson Valley Advertiser. His latest book is Bach’s Feet. He can be reached at dgyearsley@gmail.com.

“Unless you become more watchful in your states and check the spirit of monopoly and thirst for exclusive privileges you will in the end find that the control over your dearest interests has passed into the hands of these corporations.” — Andrew Jackson

Yes, I read the unattractive little slips of paper that come with our monthly PG&E bill, and I have no doubt PG&E hopes most customers will toss these little slips without reading their tiny print. Why? Because most of the little slips announce rate increases for things customers should not have to pay for. There is a government entity called the CPUC, which stands for the California Public Utilities Commission, that is supposed to protect the consumer from unnecessary and unjust rate increases, but the CPUC does not protect us because they are in bed with PG&E, literally, and approve anything and everything that PG&E wants to do.

Last month’s bill contained notices of public hearings at which PG&E customers can express their thoughts and feelings about PG&E’s latest proposed rate increases that will garner the private utility company 1.2 billion dollars by raising our electric bills 5.2 percent and our gas bills 15.3 percent. But wait. Because of the nationwide fracking insanity, America is now exporting vast quantities of natural gas to Japan and elsewhere, so PG&E should be lowering gas bills, not raising them, and that same cheap gas is making the generation of electricity cheaper, too, so our electricity rates should be going down, not up. But that won’t stop the CPUC from approving PG&E’s request for rate increases. And what are we going to do about this crime?

Well, I wrote a letter to the CPUC reminding them that they are supposed to be serving the public, not facilitating PG&E’s thievery, and that the rate increases are outrageous and uncalled for. I also sent a copy of my letter to our governor Jerry Brown and asked him to make a fuss about PG&E’s latest proposed theft. No responses so far, and I won’t hold my breath waiting for any. You can write letters, too, or attend public hearings, but that won’t do any good.

Then with this month’s bill came a notice of Phase Two of PG&E’s proposed rate increases, which seems to say they will raise our electric rates even more than the previously noted 5.2 percent — something more like 8 percent. Why? Because they are greedy and amoral and want more and more money all the time and there is nothing we can do to stop them. In many California communities PG&E has a suffocating monopoly on the delivery of electricity, and in the absence of any sort of help from our government, the public is helpless to resist.

“Well, if I called the wrong number, why did you answer the phone?” — James Thurber

In related news, my phone line went dead on Friday evening, while Marcia’s phone line remained vibrantly alive. Why me, Lord? In any case, since the blessed line ceased to work on the weekend I had to wait until Monday to report the outage to our friendly local MCN (Mendocino Community Network) through which Marcia and I get our phone and internet service. Within a few hours after my call to MCN, a cordial fellow arrived to check our lines and determine that the problem was not my fault. He said that AT&T, the owner of the telephone lines, would have to fix the problem since it was AT&T’s line that was not hooked up properly.

So a few hours later, a taciturn AT&T guy arrived and I told him which number was dead and which was alive, and he nodded and checked the connections in the box on the side of our house and went away and came back and climbed a pole and went away and came back and spent about two hours doing whatever he was doing. Then he announced there was nothing wrong with Marcia’s line, which we already knew, and that it was my line that was dead.

“Yes,” I said, trying to remain calm. “That is what I told the fellow from MCN, and he confirmed that. And that is what I told you when you arrived.”

“Well,” he said, shrugging, “MCN put in an order for me to check the number I checked, and since you’re not an AT&T client we can’t fix the other line until MCN puts in an order for that other number.”

“But I told you which number was dead and which was live,” I said, doing a little jig of annoyance. “And you acknowledged that information and then spent two hours looking into the situation, so I don’t see why you can’t…”

“Somebody, probably me, will come back tomorrow or the next day,” he said, shrugging. “But since you’re not an AT&T customer, I can’t fix the line until MCN puts in an order for the other number.”

And I thought to myself Herein lies the problem with monopolies and the privatization of essential services, which was followed by the thought I wonder if this some sort of punishment for changing our local service to MCN and not continuing to pay the usurious rates charged by AT&T for that same local service?

The sad truth is that PG&E can triple or quadruple our rates any time they want to, and we would have no choice but to pay them unless we want to live without electricity. Indeed, we recently paid a large initial ransom and continue to pay a monthly penalty for not having a Smart Meter radiating us twenty-four hours a day, and our rates were increased to pay for the Smart Meter program (and our rates did not go down after all the radiation devices were installed.) Remember: PG&E is a private company, not a public utility, and therefore we should not have to finance their infrastructure costs on top of paying our monthly energy bills; but we do.

In the case of telephone service, I doubt that AT&T likes sharing their lines with little locally owned companies that provide excellent service for much less money than AT&T charges for similar service. Sadly, when we dared switch to MCN for our local phone service, AT&T punished us with huge fees for stopping service at our previous residence, transferring service to our new residence, and hooking up with MCN. We had no choice but to pay those entirely arbitrary and exorbitant fees if we wanted to avail ourselves of the much more affordable local and long distance phone service, as well as groovy fast internet, all from MCN.

Alas, we do not have an MCN equivalent to provide us with greener and less expensive electricity than PG&E provides, and that is because PG&E and Southern California Edison spend many millions of our dollars every year influencing legislators and running entirely false ad campaigns to make sure alternatives to their monopolies have little chance of succeeding, and they do so with the collusion of the CPUC and the legislature and our governor. Can you say corporate oligarchy? Or if that is too abstract, how about a king and his vassals plundering the peasants whenever they feel like plundering?

“The use of solar energy has not been opened up because the oil industry does not own the sun.” — Ralph Nader

In my most recent yet-to-be-published novel, one of the main characters is the co-founder of a worker-owned cooperative that installs solar panels on the rooftops of a very sunny California town at no cost to the rooftop owners. When we meet our hero, he and his cohorts at Sky Blue Solar Farms have installed state-of-the-art solar panels on nearly all the rooftops of the medium-sized town. The profit split for the sale of the surplus solar electricity back to the grid is 50% for the homeowner, 30% for the township, and 20% for Sky Blue Solar Farms; and the township has grown so rich from the sale of surplus electricity that they now provide the citizenry with fabulous free public transportation, a superb and absolutely free community college, a vast community farm growing superb organic fruits and vegetables and grains, excellent free health clinics, and, of course, a booming economy — all of this made possible by simply changing the laws governing the production and sale of electricity that currently hold sway in California and do not allow such wonderful fictional things to come true.

But such fiction would swiftly become reality if we could change the current laws that serve the greedy few and penalize the rest of us. That, I think, is the most frustrating thing about so many of the obstacles to a transformative technological and societal and ecological revolution: the solutions are readily available but the kings and their vassals are loathe to relinquish their mean-spirited monopolies.

Todd Walton’s website is UnderTheTableBooks.com.

The hearing at which marijuana prohibition was discussed by Congress in 1937, continued from last week’s AVA. The witness,

Joseph B. Hertzfeld of the Philadelphia Seed Co., testified that “Hempseed is very beneficial because it adds the proper oil to the mixture and promotes the growth of feathers, and it is also a general vitalizer.” But he would willingly accede to a Treasury Department demand “to have the seed sterilized so that it cannot be grown and thus cause any harm.”

* * *

CROWTHER: Would the sterilization prevent the germination remove such of the drug as exists in the hull or the outside cover of the seed?

HERTZFELD: I cannot answer that. We have seen evidence by eminent authorities that there is not any of the drug in the seed.

CROWTHER: Someone testified that there are some particles of the resin on the outside of shell of the seed.

HERTZFELD: (indicating exhibit) The type of seed that we use is this seed here. That is this brown seed dried and matured.

DOUGHTON: Is there any of the residue on that seed when it comes into your possession?

HERTZFELD: No, that is gone. When this seed is matured and dry we grind the shell off in the threshing operation. I had occasion to write to the Bureau of Plant Industry in the Department of Agriculture about this in 1935, and under date of October 4 I had a communication from FD Richey in which he said, “The female inflorescence of the plant possesses physiological properties that are the basis of abuse as a potent drug. The seed is considered to be devoid of such properties.” It has been used for various purposes for years, and I have never heard of any ill effects. On the contrary, it seems to be extremely beneficial.

NARRATOR: Is the momentum about to change?

HERTZFELD: We would like to have the privilege of having the use of that seed until it is definitely proven that the sterilized hempseed should not be used.

THE NARRATOR shakes his head in dismay.

DISNEY: As I stated a while ago, out in our country marijuana is known as an ordinary weed that grows in back yards, and in any place where plants will grow. It is not the ordinary field hemp that is used for fibers?

HESTER It is the ordinary field hemp growing wild, or at least without the extensive cultivation necessary to provide good fiber. The committee may have been confused because we have used the term marijuana in this bill.

NARRATOR Yes. Why did you, Mr. Treasury man?

HESTER: The reason for that is this. This is the hemp drug, commonly known in Mexico and in the United States as marijuana. It is just a colloquial term in Mexico, as I understand it, and means the flowered tops and leaves of the hemp plant, which may be eaten or smoked. We could not make Cannabis Sativa, the hemp plant, the subject of the taxes contained in this bill, because it was not intended to tax the whole plant, but merely the parts of the plant which contain the drug. The parts of the plant which contain the drug are commonly known as marijuana, so the taxes were imposed on “marijuana.”

In addition I might say that some people say that the marijuana seed should be called fruit, because botanically speaking it is a fruit, not a seed. However, it is known commercially and commonly as a seed.

DISNEY: I notice that in section 1, at the beginning of the bill, in subdivision c it says that the producer is one who… “fails to destroy marijuana within 10 days after notice that such marijuana is growing upon land under his control.” To what extent do you expect to go along that line, where it is an ordinary weed?

HESTER: The person on whose land the plant was growing wild would be notified by the Treasury Department, and if he did not destroy the weed, he would become a producer under the bill, and subject to the tax. He would not be committing a crime if he failed to cut it and would merely have to pay a tax.

LEWIS: Suppose he is not raising it for the market.

HESTER: He would be a producer under the bill. That is the only way it can be handled, I believe. Since this plant will grow wild, a person might evade the occupational tax on producers by stating to the internal revenue agent that the plant was growing wild.

NARRATOR (as if asking Hester): How many IRS agents would it take to survey every acre of every farmer’s land?

DOUGHTON: I have had considerable experience in trying to destroy weeds, and it requires a lot of expense. Who would defray the expense required in fighting and destroying that weed?

HESTER: He does not have to destroy it if he does not want to; but if he does not, he pays a small occupational tax.

LEWIS: How much?

HESTER: Twenty-five dollars a year.

REED: I know something about farming. I know that we have tried on our farms to keep out certain weeds, but we could not do it because the expense is too great. You will have a revolution on your hands if, as you say, this plant grows generally throughout the country and you try to charge the farmers a tax of twenty-five dollars, as you said.

HESTER: Suppose the poppy from which you extract opium grew wild. You would have exactly the same situation. That is the only way in which it can be controlled.

REED: Take for instance, wild carrots. I defy any farmer to eliminate them unless and until he summer-fallows the ground.

HESTER (defiant): Do you think farmers would not be willing to cooperate with the government in stamping out this marijuana by paying a small tax?

REED (realistic, assertive): Do you imagine that all through our country where a farmer has, say 25 acres, they are going to pay an occupational tax of $25 dollars?

HESTER (unctuous in retreat): You gentlemen in Congress, of course, can fix the occupational tax at any amount that you see fit. That is merely a suggestion.

DISNEY: I would like to know this: When I see these weeds growing as they do in our part of the country, I imagine there is enough marijuana growing in one back yard to enable a man to get on several hilarious drunks. I would like to know what happens when that weed is growing there.

HESTER: Our government has to notify you under the bill.

DISNEY: I am trying to think of it and get some information in a practical way. Of course I am in favor of the main purpose of the bill — to stamp out the use of the drug.

REED: I would like to go the limit to accomplish that purpose also. But you have a very serious problem here if this grows wild as many weeds do.

HESTER: Here is the situation. Most of you gentlemen are lawyers, and you know you have to have an occupational tax to have a revenue bill. You would have to impose some kind of an occupational tax on a farmer. What the amount of the tax will be is entirely a matter for the committee to decide. We only require them to notify the government.

NARRATOR: Big brother only wants to watch.

REED: I can see a lot of trouble unless this is properly worked out, because if you are going to start on a program of exterminating some weed, a weed that grows generally throughout the United States, you are undertaking a program that will be difficult and expensive.

HESTER: In 1914 the Harrison Narcotic Act provided for doing the same thing, which included the word “producer,” and the only thing is that it so happens poppies cannot be grown in the United States… It does not seem to me to be an undue hardship to put a small occupational tax on a person who has this growing wild on his land. The government could get no information whatsoever from him otherwise. It is the only way the government could get any information as to where this is growing wild.

REED: But the next step is to destroy the weed?

HESTER: Not necessarily to destroy it, but so that the Government will know where it is. There is no provision in the bill that requires them to destroy it. It says to the farmer, if you do not destroy it within 10 days, you will have to qualify as a producer and pay a small occupational tax.

REED: What is the government going to do then — put a man there to watch it?

HESTER: No.

REED: How will it stamp it out?

HESTER: If the farmer does not want to pay the small occupational tax, he will have to destroy it himself, or congress will have to make an appropriation for the Department of Agriculture which will permit them to send people throughout the country to stamp it out.

REED: You are looking at it from the Government-bureau point of view, and I am looking at it from the practical farmer’s side, with this weed spreading all over creation. If this weed has spread so that it has become a menace, the farmer will have to hire men to go through his meadows and cut out this weed, and the expense will be greater than you realize. Does this hemp spread as other weeds do?

HESTER: Dr. Dewey is the botanist.

DEWEY: I think it can be killed easily. It is, in fact, a plant growing only from seeds, and can be exterminated once and for all by merely cutting it down before it goes to seed.

FULLER: If the seed is on the ground it may be covered up and may keep covered up for years.

DEWEY: Ordinarily one cutting would eliminate it. There might be some seeds that would remain the next year. I have seen it growing year after year in the same place when it was not cut because no stock would eat it. Of course, it is all introduced from the type that is distributed from the birds, and the birdseed does come up year after year from self-sown seed, but the type that is grown for fiber production does not —

HESTER: Under this bill, if you grow this wild, it is the duty of the government to notify you; and if you do not destroy it within a certain length of time after you are notified, then you are required to qualify as a producer and pay some small occupational tax. And the only reason for that is that that is the only way the Government can acquire information and where it is going wild.

LEWIS: Does it seem to you gentlemen who have studied the subject with a view to eliminating the evil that the growth of this plant must be completely eliminated?

HESTER: It will have to be under control in order to prevent evasion of the producer’s tax.

DINGELL: Mr. Hester, do you not believe that the average farmer would be willing to use a mowing machine or a scythe if he thought that in that way or any way at all after a year or two years he could exterminate and kill the weed which kills people?

HESTER: I would be amazed if they would not.

DOUGHTON: You must know how difficult this work of extermination would be. On some farms you could not use mowing machines for any such purpose because of the roughness of the ground and rocks. It would be an almost impossible undertaking to remove these weeds to the extent of exterminating them.

DEWEY: I was in the Department of Agriculture from 1890 to 1935. During the first 10 years my work was chiefly on weeds and how to kill them. The last 30 years I had charge of the work with fibre-producing plants like hemp. This work required travel in all parts of the country, and I learned to look for weeds from the car windows or where I found them.

Thousands of letters came to me asking about weeds and, so far as I can recall, there were only four asking about hemp as a weed, and in these instances it was not a troublesome weed but merely a new plant that looked like a weed to the farmer who asked the question. Although I was looking for weeds and all plants that might be troublesome as weeds, I never found the hemp plant to be really a troublesome weed.

Hemp is an annual plant, growing only from the seeds. It does not have a perennial root or roots stalks like Canada thistle or Johnson grass and therefore, it may be easily exterminated by cutting it before the seeds are produced.

When it grows as a weed, it does not produce many seeds, and it does not spread rapidly as do wild carrots, which Mr. Reed mentioned, and other really troublesome weeds. It grows as a weed along roadsides, railways, in waste lands, on overflowed lands along rivers and where seed from bird cages has been thrown out in backyards. This weed type often reseeds itself and persists in the same place year after year. Stock do not eat the plant. As a weed, the plants are usually only a few in a place, or at most a few square rods.

The largest plant of hemp known to me as a weed was in waste land along the railway between St. Paul and Minneapolis. I watched this plant every year or two for a period of at least 10 or 15 years and it did not increase materially in size.

NARRATOR: The next speaker according to the Congressional Record, was Congressman Crowther, and his comments seem a little… disjointed.

CROWTHER: Has there been any increase in the use of this marijuana drug during the last year or two, in cigarettes or otherwise?

HESTER: I will have to refer that question to Commissioner Anslinger.

ANSLINGER: There has been.

CROWTHER: According to a brief that has been submitted, as a rule the addict passes into a dreamy state, in which judgment is lost, the imagination runs rampant; he is subject to bizarre ideas, lacking in continuity, and losing all sense of the measurement of time and space. I was wondering if there was a very marked increase in the smoking of this drug in cigarettes last year, following the period of September and October.

ANSLINGER: It has been on the increase.

CROWTHER: Has it increased lately?

ANSLINGER: There has been a decided increase in the number of seizures, or the number of seizures in 1936 over the number in 1935.

NARRATOR: Of course the number of seizures could have gone up because the Treasury Department authorized more raids. Or because all those under-utilitized Prohibition agents needed to justify their employment.

VINSON: Would you say that a prolonged period of suffering over a period of several years would have anything to do with the forming of the habit?

ANSLINGER: No, sir! I might say with respect to the question of the farmers destroying the weeds that we have found a number of instances where the weed was growing on property, and when we have called it to the attention of the property owners, we have found that they have not only gladly cooperated in destroying the weed but they have destroyed them by burning with a view to getting rid of them entirely. We have never found a case where a property owner has not cooperated with us in getting rid of this destructive weed.

NARRATOR: Which makes you wonder why they were pushing so hard for this prohibitive tax. Before adjournment Hester added a big “if” to the concession the birdseed producers thought they had won by promising to sterilize their product.

HESTER: If at some later date it develops from experience or chemical analysis that marijuana is still in the seeds after sterilization, and that they are being smoked throughout the country, we might have to come before the committee again and propose an amendment which would strike out this language.

CHAIRMAN: We thank you for your statement.

End of Act Two.

A recent billboard in New Jersey.

I know you’ve all been wondering, what do Assata Shakur and Jackie Robinson have in common? No, Assata Shakur is not a lefthanded pitcher with the Cincinnati Reds. Born JoAnne Deborah Bryan in 1947, the year Jackie Robinson broke the racial barrier in major league baseball, by the early 1970s Shakur was a member of the Black Freedom Movement, the most militant wing of the group known as the Black Liberation Army. 1973 found her involved in a deadly shootout in which a New Jersey state trooper was killed. When the charges stemming from the shooting finally came to trial four years later, Shakur’s defense team included William Kunstler of “Chicago Seven” fame. The shootout alongside the New Jersey Turnpike involved two troopers and two other individuals in the car in which Shakur was a passenger. Shakur maintained that she was not involved in any of the violence because she had been shot twice while holding her hands above her head in compliance with one of the trooper’s orders. Nevertheless, in March, 1977, an all white New Jersey jury convicted her of murder and several assault charges.

Greetings one and all. If you are sitting comfortably then I shall begin. And for a change, how about we get straight into the Public Service Announcements? Calendars and pens at the ready. #341. The Vets from the Mendocino Animal Hospital will return to the Valley tomorrow, Thursday, May 30, from 2-3.30pm. In June they will be making just one visit. Thursday, June 13. They have asked me to inform you that you do not have to arrive early and then wait a long time; everyone showing up at anytime before 3.30pm will be seen. Furthermore, if you are a previous client you can call them 48 hours in advance (462-8833) to ensure that your pet’s charts are brought ‘over the hill’ from Ukiah and also order any medications your pet might need. New customers and their pets are always welcome. #342. This coming Saturday and Sunday, June 1 and 2, will see the monthly Barn Sale take place at The St. Elizabeth Seton Catholic Church Refectory from 9am to 3pm each day. It’s on A.V. Way just north of Boonville and there are bargains galore!. #343. In honor of the Mendocino Film Festival’s first foray into the Valley, ‘Somm,’ a documentary following four friends’ quest to pass the Master Sommelier exam, will be shown this coming Sunday, June 2 at The Madrones ‘complex’ on Hwy 128 just south of Philo. This special event will be accompanied by wine and food pairings by ‘Stone and Embers,’ the soon-to-be new restaurant at The Madrones, and the four wineries located there: Drew, Bink, Knez, and Signal Ridge, along with nearby wineries, Balo and Golden Eye. Open houses run from 11:30-4:30 with the film screening from 3pm-4:45pm followed by a party from 5-7:30pm at which two of the Sommeliers who appear in the movie will speak. It all sounds very civilized to me; I hope they let me in. #344. The Boonville Hotel is now operating on its summer hours for the fixed price dinner. That would be Thursday-Monday, seating at 6.30pm each evening. Small plates are also available on Friday, Saturday, and Sunday. Call 895-2210 for reservations. 

Here is the menu for the next week at the Senior Center at the Veterans Hall in Boonville. The Center asks for a $5 donation from Seniors and $7 for Non-Seniors for lunches. Tomorrow, Thursday, May 30, the lunch, served at 12.15pm, will be BBQ Tri Tip, Buttered Pasta, Oven Roasted Root Vegetables, Sourdough Bread, 3 Bean Salad, Wendy’s Chocolate Oatmeal Cookies . Then next Tuesday, June 4, the lunch served by Marti Titus and her crew will be Meatloaf, Mashed Potatoes w/ Gravy, Carrots, Rolls, Quinoa Salad, and, of course, Birthday Cup Cakes. Hope to see you there.

Before we get into the latest from The Three-Dot Lounge, I just wanted to acknowledge the wonderful efforts by the many volunteers at last Sunday’s fundraiser for the AV ElderHome at The Fairgrounds in Boonville. The excellent bbq was prepared and presented in fine style by the always reliable crew from the Lions’ Club; the gang from the ElderHome Board and associated friends worked the bar, the silent and live auction, and managed the overall event very effectively; and D.J. Pete with lovely assistant Jennifer provided the appropriate musical sounds. A mixed crowd of Valley folks and guests, totaling about 150 people over the three-hour event, seemed to have a wonderful time as the banter and wine flowed and the funds were raised. Well done to one and all.

With this in mind, for your Quotes of the Week, let’s have two very short comments by the man who could say so much with so few words (as evidenced by his Gettysburg Address). From Abraham Lincoln we have “He has a right to criticize, who has a heart to help”. ‘Honest’ Abe also gave us “To ease another’s heartache is to forget one’s own”. Wise words indeed. I think he would have fitted in very well volunteering with our local Lions’ Club or the ElderHome folks.

Topics and Valley events under discussion this week at The Three-Dot Lounge. Yes it’s “Moans, Groans, Good Thoughts, and Rampant (and often Reliable) Rumors” from my favorite gathering place in the Valley.

…The ‘Drive-In Dinner’ event to raise money for the FFA (Future Farmers of America) and put on by Beth Swehla’s High School Ag class was a big success. It’s an idea that works. drive in, collect your packed up Dinner-for-4, drive out — and, at $45 for the lot, it is not expensive. At least 50 orders of Tri-Tip Dinner were sold and I can vouch for the fact that the food was very good indeed. I should add that there is no truth to the vicious rumor that I had a Dinner-for-4 all to myself. I shared it with The Old Buzzard. .

…The talented Christina Jones, owner/chef of Aquarelle Café and Wine Bar in Boonville, has plans to do lunches as well as her current dinner hours of 5pm-9pm Friday thru’ Monday, but until she has a few more staff members this will have to wait. Hopefully it will not be too long. Since the restaurant opened back in November, I have eaten there many times and have always found the food to be never short of very good, and often quite excellent.

…A number of regulars were in the crowd at Lauren’s last Saturday evening to take part in the monthly ‘Sing-along-a-Liddy’ community singing event with host/guitarist/singer Patty Liddy. The songs included ‘Leaving On A Jet Plane (John Denver),’ ‘Get By With A Little Help From My Friends (Beatles),’ ‘Big Yellow Taxi (Joni Mitchell),’ ‘Will You Still Love Me Tomorrow’ (Carole King), and ‘These Boots Were Made For Walking’ (Nancy Sinatra), and many more. By all accounts a lovely evening and one which Lauren has plans to repeat on the last Saturday of every month.

…Regulars remain concerned, yet not too surprised, that the selection process for the new high school principal does not seem to be the sole domain of the School Board. those five folks elected (mostly) by the community to deal with such matters. Some informed input from others will no doubt be helpful, but at the end of the day surely the final decision will be by the Board, and the Board alone. Let’s hope so; after all, it is one of the most important decisions regarding our school in a long time, and certainly one with the potential to have significant, far-reaching, and long-term positive results.

…A few regulars informed me that Neil Darling is heading up the search for the next Fire Chief on behalf of the Community Services District. Colin Wilson will step aside later this year and he will be a hard act to follow. Good luck, Neil Darling!

…From our 3-Dot regular, The Old Buzzard, comes another in his insightful series. ‘Signs that The Apocalypse is approaching.’ Buzzard reports, “I hoped to enjoy the Tri-Tip Dinner-for-4 as promised by my good friend Turkey Vulture. He had invited me to The Nest to share it with him saying he’d buy the dinner if I bought a bottle of Cabernet Sauvignon from Husch Vineyards. When I arrived he greeted me at the door with a small bowl of salad in his claw and what appeared to be bits of meat on his beak. He explained that when he went to pick the dinners up at the school they had sold out of the tri-tip, baked potatoes, bread rolls, and cookies and all that was left was salad. He passed the bowl to me, took the bottle of Cab, said he was busy, and closed the door. I was very disappointed and unfortunately I have to say that it really is a sign that the Apocalypse is near when a fundraiser runs out of food and people are left feeling very hungry, especially when a thoughtful friend has gone to so much trouble to fly all the way into town and pick the dinners up.”

…Ummm, err— Thank you for your input Buzzard. Time to take my leave. So, until we talk again. Keep the Faith; be careful out there; stay out of the ditches; think good thoughts; please remember to keep your windows cracked if you have pets in your vehicle; and may your god go with you. One final request, “Let us prey.” Humbly yours, Turkey Vulture. PS. You can contact me with words of support/abuse through the Letters Page or at turkeyvulture1@earthlink.net. PPS. Hi, Silver Swan. behaving yourself? Hopefully not! PPPPS. Bobwhite Quail — keep up the knitting!

Photo by Linh Dinh.

Other people’s lives come fluttering to us in the tiniest fragments, and these we gather, when we bother to, into an incoherent jumble of impressions we pass off as knowledge. Further, our ears, eyes and mind are all seriously defective and worn-down, making intelligence a dodgy proposition, at best.

Our memory also crashes daily, if not secondly, our verbal skills are poor, and when we examine ourselves, there are the added distortions of endless exculpation and vainglory. In short, no one knows ish about ish, though some ish does get much closer to the real ish. One thing for sure, amigo, if you ain’t aiming for ish, you ain’t gonna get ish.

From behind my cranium, a reflective voice, “As you get older, more things happen, you know what I mean, and it’s not much fun either.” The speaker is a middle-aged white male, talking to another suspect of a similar description. They have both committed a list of crimes, small, large and unspeakable, too long and various to summarize here, or anywhere. Eager to please, the speaker has a sweet tendency to laugh uproariously at the slightest joke or witticism hacked up from any vocal cord, no matter how stupidly inspired or ineptly delivered. The speaker is traveling from Denver to Elko, Nevada.

Four feet behind my brain stem, another voice, on another bus, “Dude, I lost my virginity in a sedan, and it was like the most gnarly experience ever. I don’t know how people have sex in a car. Dude, you might as well get out and lay on the ground. I’d rather have sex in fuckin’ mud!” The speaker is a young white male chatting up a young black female. It is unclear why he keeps addressing her as “dude.”

Now, permit me to hand you a chunkier fragment of life. We have just passed Winter Park, Colorado, and sitting next to us is a white male in his late 30s. From Denver to Salt Lake City, he will not buy food or drink at any rest stop, but only smoke. If you look down, you will see a loaf of Bimbo in his duffel bag. White bread is all he has chewed on since Tulsa, and will eat it until Boise, where he has a sister. Siblings will then drive to Vegas, where they can blow at least part of the sister’s $4,000 tax refund, “We won’t gamble much, maybe just $30 or $40 at a time.” Fun over, they’ll head to Bakersfield to see relatives. He will be away from home three weeks. Now, any man who can be gone that long is likely unemployed, and broke too, obviously, unless he is a rabid fan of Bimbo, for whom nothing but Bimbo will do.

Now, excuse me for a sec, for I must reach inside my shirt and pants to scratch myself. When you sit on a bus for too long, whatever skin issues you have simply blossom! Tissues flake, scale, crack and even ooze something like Hawaiian Punch gone bad. Thus gross and itchy, I decided to get radical back in Kansas City, and, no, I didn’t bomb its Federal Reserve Building. My solution was strictly personal, discreet, though en plein air. It had been snowing hard for hours, and the streets were mostly deserted. Having not washed in days, I decided to leave the bus station, filled as it was with blizzard and economic refugees, to crouch down by the side of a nearby building, take my pants off and rub snow on my inguinal regions. That’s a fancy phrase to indicate my second, more candid head and adjacent backdoor, the one leading to the lugubrious dumpster. I froze my nuts off, but felt super clean afterwards, cleaner than I had ever been, in fact, on this phantasmagoric earth.

Constantly exposed, thus deprived of privacy, for just a few days, I was already getting weird, so it’s hardly surprising that many who have to be outside all the time are borderline mad, if not ravingly so. Denied the silence and space to reflect, they often argue with themselves out loud, as if to shut up and shut out the unceasing white noise.

In Oakland, I saw a young woman, draped with a thin comforter, who’d crouch down often to pick something from the ground. At first I thought she was scavenging cigarette butts, then I realized she was picking up anything that wasn’t stuck to the sidewalk, a tiny scrap of paper, a dry leaf, a match stump, a candy wrapper… Not content to pick up the pieces, she’d kneel down on the concrete to arrange them, to give them order and meaning.

Grinning goofily, she danced jerkily for half a minute. She had on a hooded, plaid jacket, black pants, blue sneakers and a dangling, plastic earring. Her hair was sheared short. For nearly an hour, she loitered in front of an all-night convenience store, the one with Marilyn Monroe and the King of Pop on its walls, and Obama and lottery ads in its window. The proprietors, an Indian couple, had to keep their eyes out for shoplifters and those sneaking coffee refills. Thinking a passerby had addressed her, she answered him, but the dude coldly replied, “I wasn’t talking to you.” A man tossed a still longish butt on the ground, so I pointed it out to our dancing scrounger. She snatched it. Wanting to find out what’s up, I decided to buy two tall boys of Tecate beer from a store half a mile away. None was closer. “Sweet,” she said when I finally handed her a beer. We were sitting in a bus shelter. It was chilly enough that night.

“What’s your name?”

“Jillian,” she grinned. “Jill.”

“How old are you?”

“Twenty-seven.”

“You don’t look twenty-seven. You look maybe twenty-two, twenty-three.” 

“I’m twenty-seven.”

“How long have you been on the streets?”

“Two and a half months.”

“You should go home. Oakland’s fucked up. Where are you from?”

“Oregon.”

“Where in Oregon? What town?”

“It’s near Canada.”

“Canada?!” I laughed. “Canada is not next to Oregon. Where are you really from?”

“Here and there. I’ve lived in Riverside.”

“Riverside is not in Oregon. Where’s your mom?”

“I talk to my mom everyday.”

“Oh yeah? How do you talk to her, with a phone card?”

“I talk to her in my head.”

A man in his 40s came by and offered Jill cigarettes for what remained of her beer, less than half a can. Without hesitation, she gave it up for two cigs. He swigged, then shared that he was getting off the streets that very next night, having found a single occupancy room in San Francisco for $135 a week.

Jill’s face may be in post offices across the country, as MISSING, or probably not. Maybe no one’s missing her. 

Up in Berkeley, there are hundreds of young people living on the streets, but those tend to band together, or at least pair up. This one was alone. I bought Jill a warm coffee from the lousy store, and she gave me a green pill. She popped three, so I ate mine, for it is impolite to refuse anything that someone else deems appropriate for her own mouth and body, be it possum, field rat or whatever American youths feel they must ingest to endure an absurd present and rudderless future, as wrecked by their elders.

Of course that was stupid, for I don’t even do drugs, and am adverse to all pills, even the common aspirin. In fact, I dread, fear and deeply, deeply despise all chemicals, chemistry and even chemists, and never pass one without giving him the meanest look. My potassium, sodium, chloride and phosphorous-laden blood rapidly boils at the sight of any periodic table. If I see a pharmacy, I cross the street. (Are you happy now, Mrs. Reagan, or should I say, Are you, by chance, high on your pills, ma’am?) Yes, sometimes you must say no, but all in all, you should say yes to just about everything that’s offered without malice or commerce in mind. Great travel writer Paul Theroux doesn’t eat meat, and V.S. Naipaul doesn’t drink alcohol, so they are missing out on a very important bonding ritual with their subjects, I think. If you come to my resplendent mud hut, you better swallow what I slop in front of you. 

When Jill started to walk north, away from relatively safer downtown, I shouted after her, “You should stay at the square,” meaning Frank Ogawa Plaza, where the Occupy encampment was, by the way, “You shouldn’t walk that way.” But she kept going and going, while picking up pieces of nothing along the way.

What is madness, anyway? I mean, who isn’t insane in various ways, none all too subtle? For there is no person who isn’t farcically deluded and mad, none except me, of course, though I’m foggily aware of Ben Franklin’s foggy observation, “Each mofo walks around in a fog, but since the air seems clear around each, he doesn’t know he’s in a fog.” Who’s to argue with Philly’s greatest MC ever? Of course, Ben’s right. We’re all fogged up, and being exposed to the elements day and night, and in constant danger of being robbed, raped or killed, won’t likely clear up anyone’s head. 

Near Oakland’s Lake Merrit, I saw a man trying to cross the street in a wheelchair, so I gave him a push.

“Where are you going?”

“That bus stop right there.”

“OK, I’ll push you. It’s a lot easier for me.”

“You got that right.”

Jeff was his name, and he had lost his right foot in a motorcycle accident. 

In Daly City, I’d seen a bumper sticker, “OUR NATIONAL HEALTH PLAN: DON’T GET SICK!” And don’t get amputated or brain-damaged either, not even for Uncle Sam, for you may end up on your local sidewalk after leaving your mind, limbs or mama maker in Iraq. The parade’s over, if there was one.

In Richmond, I’d run into a poster, “I left the nightmare of war only to find myself in a [sic] another. Are you a homeless veteran?”

“Hey, man, you want a beer? I’ll cross the street to get us some.”

“No, that’s all right, I already have beer, and you can have one too if you like. It’s in my bag.”

“No, man, I’m not going to take your beer.”

Though not a veteran of the explosive streets of Baghdad, but merely the shaded and elegant promenades of picturesque Oakland, as stewarded by the just, wise, measured and upright Jean Quan, Jeff had clearly gone mad, for he slurred, “I have two houses, man, and you can stay in one if you like. It’s a little small but it’s nice. We’ll take the bus there. It’s only ten minutes away.”

“If you own two houses, what are you doing on the streets?”

“No, man, I’m not on the streets. I’m not. Do you want a beer? I have beer.”

It was awfully cold that evening, and Jeff was shivering as he spoke. A bus came, but Jeff made no effort to get on. I’m not sure he would be allowed to board it, in any case, not that he had anywhere to go, really. Though he didn’t look terribly dirty, Jeff did reek of days-old sweat and urine. He smelled homeless. Another bus came, then another, but Jeff would stay outside all night, as he had so many nights.

I went back to the same area on other days, but never saw Jeff again. I did encounter “the guided one,” however, a man in his 60s with stringy, salt and pepper whiskers, and a cap over his hoodie. Mahdi’s belongings were stacked on two shopping carts and a most unusual, highly modified bicycle, and they weren’t together but in three spots, over some distance. I’d think that if you didn’t have a door and lock, you’d want to keep all your stuff within immediate reach, to prevent them from walking away, but clearly Mahdi was willing to sacrifice this security to stake out a vaster territory. In his own way, he was practicing imperial overreach. 

Of course, Mahdi’s no emperor of anything, not even of ice cream. He has lost all but a few scraps, with even his ideas stolen from him. “I see these houses all over Oakland painted in the color scheme I came up with years ago. People are making lots of money from these fancy houses, but they’re using my color scheme, and I’m not getting a penny from it.” 

“What color scheme are you talking about?”

“It’s purple, green and brown. You see it everywhere, but, you know, sometimes they change it slightly. I came up with this color scheme years ago, decades ago! It has spiritual significance, for it brings harmony to all those who dwell within. You will feel calmer, you hear me?, just by looking at it. Remember: Purple, green and brown. I call it my Intergalactical Cosmic Color Scheme.”

If Mahdi had three drummers behind him, you might mistake him for Sun Ra. OK, I’m sorry, Mr. Ra, for you are the man! And a Philly badass, no less, just like B Franklin! 

Not content to steal Mahdi’s color scheme, the ungrateful world will soon snatch from him an even greater invention, Mahdi’s magnificent sleeping bicycle. Attached to the frame is a cubicle, made of cardboard and milk crates, where you can actually lie down. You can’t pedal while reclining, however, but then an RV owner can’t sleep and drive either. In any case, Mahdi’s invention is surely the RV of the future. After Social Security is finally wiped out, a retiring worker can be sent off with one of these tiny apartments on wheels, and when he dies, it will also serve, conveniently and economically, as his coffin. Seeing Mahdi’s ingenious bike, smartasses had dubbed it all sorts of insulting names. “One guy called it the ghetto train, but this isn’t a train, and it’s not ghetto. Once they’ve stolen my idea, they’ll mass produce my bike and make lots of money. You will see it all over Oakland, and all over America.” 

You won’t see any bizarre homeless contraption in Jack London Square, however, for it is spic and span and dominated by upscale restaurants. Should Jack London’s ghost amble from his Klondike Gold Rush cabin, now preserved on the square, this friend of the downtrodden would be aghast to be surrounded on all sides by bankers, stockbrokers, lawyers, “civic leaders” and assorted war profiteers kicking it back in luxurious surroundings, while enjoying filet mignons, lobsters and chardonnay, as served up by the loveliest daughters of the working class, of course, while their uglier cousins are left huddling in tents, not half a mile away.

Chased by the sky-high rent in San Francisco, not to mention Berkeley, yuppies and hipsters alike are fleeing to Oakland, fueling a mini boom in select neighborhoods, but much of the city is still a desolate mess, with homeless people everywhere. Pushing shopping carts, they scavenge for plastic and aluminum. Outside the Alameda County Administration building, they set up tents each night, and remove them each dawn, with their area hosed down by custodians, before the first clerks and secretaries arrive. Overflowing from San Francisco’s Chinatown, Asian immigrants, mostly Chinese, have also given Oakland an economic boost, with hundred of stores and restaurants opening. Oakland’s Chinatown’s cheap eats have naturally attracted the homeless. I saw a man buy some lo mein, with bits of vegetables and pork, for just $1.50, haggled down from 2 bucks. The owner, a Vietnamese woman, said that at the end of each day, she’d given food to three homeless guys, one black, one white and one Chinese. At another dirt cheap joint, I saw a homeless man enjoy rice gruel with traces of chicken and preserved egg, plus a decent pork bun, for just $1.75 and 55¢, respectively. The self-serve tea was free and unlimited. On three chairs at his table were trash bags holding his possessions. 

In Oakland’s Chinatown, then, our destitute mingle with their more fortunate neighbors and with tourists. Some sleep on its sidewalks, while more dwell in tents, on its fringe. A family has wisely placed their tent on the other side of a fence meant to keep pedestrians from straying onto a freeway exit ramp. This fence now protects, among other things, their little girl’s pink bike. 

Another sad and increasingly common feature of American life also makes a daily appearance in Chinatown. Each morning, at 8am, at least six full buses depart for various casinos. Years ago, one had to trek to Reno to lose one’s shirt, but now, there are “gaming facilities” all over Northern California, and the Chinese, long susceptible to gambling, are only too eager to get burnt. Solemnly they return from their wallet-emptying excursion, with that free bowl of duck noodles their only winning for the day. Soon, though, they will head back to the slots and tables, to get fleeced again and again.

For a taste of local entertainment, I went to a Tourette’s Without Regrets show. Hugely popular with those in their 20s and 30s, this episodic event is split in two parts, with the first billed as a “psychotic erotic vaudeville showcase.” It turned out to be a series of monologists stridently defending their sexual orientation, access, performance and misery. It was all about sex, and terrible sex at that, yet judging by the many hoots, hollers and appreciative laughs, it was very cathartic for the audience. The second part was a poetry slam, with aggressive rhymers pitted against each other to boast and trade insults. Again, the tone was insanely strident. This night’s one focus, its lone star so to speak, was a petty and narcissistic ego that had to scream to the world that it was indeed happy and somehow fuckable. Under no disguise did love or any akin emotion make an appearance that night, and “you” was nearly always accompanied by an insult or accusation. The social and political were also no-shows. It was all about the solipsistic self, and the defiant defense of such. To many of us today, that’s social and political enough. 

DAN HAMBURG, chairman of the Mendocino County Board of Supervisors, says he’s suing Mendocino County over the Sheriff’s stated intention to both file misdemeanor charges and disinter the late Mrs. Hamburg who is buried on the Hamburg property southwest of Ukiah. Hamburg said local officials, specifically the Mendocino Department of Health, knew that the family had buried Mrs. Hamburg at home as per her last wishes because, Hamburg said, he’d informed the department that Mrs. Hamburg had indeed been buried at the family’s 46-acre site.

APPARENTLY, though, Mrs. Hamburg had instructed her family to bury her first and sort out whatever legal objections there might be later. The family did as she’d asked and duly filed an application for approval of home burial, anticipating that it would not be approved, could not be approved, because home burials are allowed in California only after a costly and lengthy administrative process.

ACCORDING TO HAMBURG and his Ukiah-based attorney, Barry Vogel, their suit will seek to compel the County of Mendocino to issue a death certificate so Mrs. Hamburg can remain where she is buried, citing Mrs. Hamburg’s own words in her will: “No state interest or public health reason prohibits the burial of my body on my family’s land, which is a 46 acre parcel in a rural and mountainous section of Mendocino County, other than recording a memorandum notice advising future owners that a unique condition exists on my property.”

THIS THING is going grisly, big time. The law’s very clear about home burials. You can’t do it in California unless you pay lots of money and file a lot of paper. I don’t see the Sheriff or the courts making an exception for the Hamburgs. I do see the Sheriff off-loading a back-hoe and…

BUT. BUT IF MENDOCINO COUNTY can break new ground, so to speak, on marijuana, one would think the County might also permit home burials on suitable properties so long as the gravesite is registered with the County. 46 rural acres is certainly plenty of room for human remains, and who among us doubts that there are bodies planted all over the hidden vastness of fair Mendoland? I know of a lady who simply propped her true love against a tree looking out at his favorite vista completely outside any kind of sanctioned process other than ashes to ashes, dust to dust.

OF COURSE the Hamburg burial has already broken down along lib-yobbo lines simply because Hamburg is who he is. If, say, Jared Carter had buried Barbara Bush without a permit on Carter’s ranch south of Ukiah the libs would be demanding immediate excavation.

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IN OTHER HAMBURG NEWS, the supervisor was on the short end of the Supervisor’s 4-1 vote assuring the Pinoleville Pomo Nation that the County of Mendocino will roll with whatever impacts installation of a casino and hotel just off 101 north of Ukiah might have. Hamburg said that the County’s existing casinos are so many that they are already “cannibalizing” each other, hastening to shore up the politically correct end of that statement with the qualifier, “This is no criticism whatsoever of Native Americans … but it’s really a sad commentary that this is what we call economic development in Mendocino County, is more and more and more casinos.”

HAMBURG at least raised the issue lots of us wonder about. Where do all the gamblers come from? Well, from all over. I know people who are regulars at the local casinos, and have been regulars since the day they opened. On my brief excursions to the jolly gambling halls at Hopland and Shodakai, it seemed to me both places were more like immigrant Mexican social clubs, with actual gamblers the minority. Do these places turn a profit? They seem to, and they do employ people, native and palefaced alike. And people seem to enjoy themselves, which is always likely to annoy the gray and the grim.

ANYWAY, MENDOCINO COUNTY is already America’s intoxicant capitol via wine grapes and marijuana farms. Toss in a few County-sanctioned brothels to go with the casinos, and there’d be northbound traffic jams all the way from Monterrey to Leggett.

THE PINOLEVILLE CASINO, if it ever gets built, and that remains a big if, will go up in two phases on 8.8 acres of reservation land at 2150 N. State Street in Ukiah. It would include about 80,000 square feet of gaming space, up to 749 slot machines, 20 table games and, along with restaurants, possibly a four-story, 25-room hotel and event center and a high-rise parking lot.

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Thompson

DEPARTMENT OF UNINTENTIONAL HUMOR (then again, maybe it wasn’t unintentional) in Tiffany Revelle’s lead story in Wednesday’s Ukiah Daily Journal “At issue: Did Mendocino County Public Defender Linda Thompson make a mistake?”

I’D SAY THE ODDS that Thompson made a mistake are about 99-1 she did, but if she did in this one it seems big-time moot anyway. It boils down to the length of a knife blade. Will Timothy Slade Elliott of Hopland, convicted in 2010 of second-degree murder for the 2008 stabbing death of Samuel Billy, 29, also of Hopland, get a new trial?

SHOULD THOMPSON have asked for “a hearing outside the jury’s presence to exclude the 1.65-inch knife a doctor testified could have been used to inflict the fatal, 6-inch stab wound in Billy’s abdomen.” The dispute is about the length of the knife blade; was the one Elliott allegedly used on Billy long enough to penetrate deep enough to kill Billy?

MS. REVELLE’S STORY has it this way: “‘At trial, I was asked for my opinion of fellow pathologist Dr. Terri Haddix’s conclusion that the knife in evidence could not, when fully inserted, inflict a six-inch deep wound,’ according to an April 7, 2012 declaration from Dr. Jason Trent, the pathologist who performed the autopsy on Billy. I testified to my belief that her conclusion was incorrect. My opinion was based, as I stated at trial, on the knife blade measuring between three to four inches long. Based on this information, I am not absolutely able to conclude whether this knife could have caused a six-inch deep wound. If I was told at trial that the knife blade was 1.65 inches long, I probably would have testified that this knife could not cause a six-inch deep wound. However, keep in mind that the victim is dressed, is overweight and the blade strikes no object other than soft tissue.”

THAT GRIM EPISODE occurred late at night on the Hopland rez, with the only eyewitness being a 9-year-old boy whose long distance view of the stabbing Thompson was unable to shake. A jury had no difficulty convicting Elliott whatever the length of the blade he used or didn’t use.

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SAVE OUR LITTLE LAKE VALLEY is conducting tours along the Highway 101 bypass around Willits. The tours are from 1 to 4pm, Sundays on June 2, 9, 16 and 30 and will be partly on foot partly by vehicle along stretches of the bypass. Reservations are suggested and the group meets initially at the Little Lake Grange to begin the tours. For reservations call (707) 216-5549 or visit www.savelittlelakevalley.org.

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THE BOONVILLE HOTEL is celebrating its 25^th anniversary under the successful management of Johnny Schmitt. The beneficiary of many remodels and cosmetic enhancements under both Schmitt and his predecessors, the stately 19^th century institution offers reasonably priced rooms with an absolutely first-class dining room. Frank James, Jesse James’ brother, once stayed at the Boonville Hotel and, late on a foggy night in the middle of a wintry week the old place fairly sings what it has seen over its 150 years, and it’s seen a lot.

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THIS RUMOR is making the rounds on the Mendocino Coast: The Heritage House, recently purchased by a certain Mr. Green out of Florida who flies in and out of Albion in a private jet, is a front man for the Koch Brothers who plan to use the place as a kind of junior varsity Bohemian Grove, the Bohos being too liberal for the Kochs. Could be. The Kochs already own the invaluable Fort Bragg Mill property just up the road.

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ALL THAT GUCK dredged at Noyo Harbor is piled up behind Affinito’s motel just south of the Noyo Bridge. It’s become a kind of open air drug mart for Coast area tweekers, much to the despair of locals who like to enjoy the little beach at the mouth of the river.

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TOM ALLMAN is already running for a third term as Sheriff. Writing on his Facebook page (Yes, the County Sheriff has a facebook page) Sheriff Allman writes: “Hey Hey Hey! Don’t forget to block off Saturday, July 13th, 2013 for a great party in Willits. It is the kick off to my re-election. The band is booked, the food is taken care of, and now we are just waiting for the day to get here! Send me a private post with your address if you have not received an invitation. It will be at the Willits Community Center. Waylon and the Wildcats will be rockin’ the place and we would love to see you there. If you have not had a chance to hear Waylon and The Wildcats, you will not be disappointed. They are great! Tri-tip dinner, a great live band and a bunch of friendly folks will be there. $49.00 per person and a local motel has offered a great rate for out of towners. Hope you can make it! —Tom”

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DEAD MAN WALKING

by Bruce McEwen

(Dominiak, White, Joaquin, Cook)

Four thieves went to prison last week. The first thief, Fernando Joaquin, got two years and eight months; the second thief, Dustin Cook, got four years; the next thief, Alfred Dominiak, got eight years and eight months; and the fourth thief, Robert White, got 98 years. Three of the robberies involved force and violence or the threat of it.

All four robbers blamed drugs or alcohol.

Mr. Joaquin had gotten himself drunk and, in league with his little sister, a juvenile, committed “a theft from a person, assault with a deadly weapon and preventing the report of a crime.”

In other words, “Give me your stuff or I’ll hit you with this baseball bat. If you tell anyone me and Sis will be back.”

Mr. Cook, who looks like a teenager, as does Joaquin who is a teenager, said if he hadn’t been so intoxicated his crime of first-degree robbery resulting in grave injuries to his victim would never have happened. Mr. Dominiak blamed his theft of a crate of indus­trial-strength shelving from Big Lots on his drug habit. Shelving? Maybe he thought he was jobbing a crate of $100 bills.

And Mr. White, who is visibly deranged, said he would never have attempted to rob two little old ladies at knifepoint if he hadn’t gone off his psych meds.

It never occurs to any of these guys that their prob­lems could all be attributed to larger forces — the absence of jobs, bad wages for the jobs that do exist, and the overall pitiful state of the economy. Of course some people do bad things no matter what the big picture looks like, but a little perspective, a little class-consciousness might at least give a guy a clue as to why he is the way he is.

Young Mr. Joaquin just turned 18. He was raised in a trailer in Covelo with no windows and no heat, which is to say he was not a son of privilege. Factor in the new pathologies at work in impoverished American house­holds and the kid is probably lucky he made it to 18.

But judges, willfully oblivious Obama Democrats who’ve not lived a minute with the wolf at the door, are well paid to pretend that there’s nothing wrong with the system. Their job is to process its victims in and out of jail and to maintain the social order as it is. Now that there are more and more victims, we’ll get more and more judges more and more cops and more and more jails. More justice is not even a possibility in the present context.

Judge Ann Moorman had already sentenced Mr. Joaquin’s sister, but Sis is a juvenile so we can’t get into that. But Joaquin been getting into trouble for a long time, and now that he’s in the adult system, Joaquin has gotten himself into adult trouble.

Joaquin’s juvenile record was not allowed to influ­ence his sentencing as a newly minted adult, even though Deputy DA Matt Hubley tried to count it as a strike prior.

Carly Dolan of the Public Defender’s office launched a penal code barrage of objection. “If I may interrupt, your honor, that count was stricken from the record, when he admitted the 136.2, which would double the term of confinement for the 487(c) to 32 months, or as we say, two years and eight months. So he’s essentially being punished for conduct while he was a child. And because of his young age and small stature, sending him to state prison will result in his being victimized, and he will return to the community a damaged individual. A more stable, less predatory environment like the county jail would be a good alternative in this case.”

DDA Hubley said he didn’t think “there’s any alterna­tive to state prison in this case.”

Judge Moorman, conceding that the state’s prisons are at least as dangerous as Covelo, said, “Juvenile adju­dications are not convictions. His sister was the aggres­sor in the theft case and housing him in the state prison would not only be against the interests of the community, it would also be against Mr. Joaquin’s interests, espe­cially because of his age and size. And as the jails have been designated as prisons under 1175(h) I do see it as an alternative and I’m going to sentence him to local time.”

Which is no picnic, but the Mendocino County Jail, where violence is indeed on the rise is still not San Quentin. (“Realignment” is the state plan underway that sends certain categories of local crooks to county jails rather than the state pens. The state pens are under fed­eral order to reduce their populations, meaning lots of people who’d ordinarily get sent to them will now stay at home.)

As for Dustin Cook, his father was in court for moral support, but just as his son was being sentenced, some­one rushed in to tell Dad that his truck was rolling away down the street, and Cook Sr. rushed out to look after his transportation.

His old man didn’t see his son sentenced to the four years for first degree robbery. The judge commented that Cook the Younger’s challenge would be staying sober when he got out. And here it might be noted that Cook might also have trouble staying sober while in prison, because Mr. Arnold Gahm had been sentenced just moments before for being in possession of drugs while in jail. Gahm got two more years inside.

Cook wanted to address the court. The kid said, “This is all my fault, your honor. I take full responsibil­ity. Mr. Esquivel [the co-defendant] had nothing to do with it.”

Deputy DA Scott McMenomey replied, “I didn’t hear a word of remorse for what he did to the victim. This was a senseless 211 [robbery] that didn’t need to happen.” Cook could have got the stuff without hurting his victim.

Judge Moorman said, “Based on the nature of the offense, the violence and gravity of the injuries to the victim, I’m going to impose the aggravated term of four years.”

Mr. Alfred Dominiak, 54, was not violent in his theft, Big Lots got their shelving back in good condition, and as a result, Mr. Dominiak would get his eight years and eight months suspended — if, that is, he could success­fully complete the County’s drug court program suc­cessfully, that and sin no more.

“I’m happy to go along with the suspension,” Deputy DA McMenomey said, “if he gets into the program. But he needs to remember that he’s on a really short leash.”

Cathy Livingstone of the Public Defender’s office said her client was going to the Lytton Springs rehab program. Lytton Springs is housed in that stately old orphanage you see on the west side of 101 between Clo­verdale and Geyserville.

“I’m not ordering the program,” Judge Moorman said. “I’m ordering the drug court. And I’ll repeat what Mr. McMenomey said. You are on a very short leash, Mr. Dominiak, with a very big sentence hanging over your head. The aggravated term for the second degree burglary is appropriate for all of the reasons named in the probation report, the four prison priors and the fact that he has not been able to remain out of prison for five years at a time without violating his parole, and then there is the increasing seriousness of his crimes. So I am going to impose the aggravated term and suspend execu­tion of it. And you are to have no contact with Cody Barnes, Mr. Dominiak.” The judge then addressed the jailers: “He’s to be taken to drug court this afternoon at three.”

Dominiak got off easy considering his history.

Mr. Robert White was sentenced over in Judge John Behnke’s court, across the hall. This guy is nuts, a di­minished capacity case who, in a more reputable time (and place), would be packed off to a state hospital.

White’s lawyer, Dan Haehl of the Public Defender’s office, after chatting briefly with his client said, “Mr. White would like to address the court.”

Judge Behnke said, “Go ahead.”

“I’ve been trying to get a different lawyer,” White said. “The only reason I did any of this is because I went off my meds. I wanted a psychological evaluation done, but I couldn’t get it with this lawyer. Everything I wanted never got done.”

Of course it didn’t, Mr. White, but if you’d had com­petent counsel in a time and a place where there were humane options you wouldn’t be buried alive.

Judge Behnke was not moved by White’s lamenta­tions. His Honor was contemplating the huge sentence the DA was asking for — 98 years to life in prison. The knife enhancements — brandished at both the women White tried to rob and the husband of one woman who followed White across the parking lot of the Pear Tree Shopping Center and called 911 — were going to add about 25 years onto a very long sentence as it was. And then there were the prison priors.

“I think the court could impose and stay some of the prison priors”—

“I don’t think so,” DA David Eyster interjected.

“Not that I would,” Behnke continued. “The crimes merit the imposition of the priors. Or I could run them concurrent”—

“No, judge!” Eyster gasped, scrambling to his feet. “You can’t do that!”

“But I don’t think I would, even though I could,” Behnke resumed, eying Eyster evenly. “We have three separate victims fearing for their lives with the use of the deadly weapon, the knife, and even if he were eligible for probation, I don’t think I would grant it.”

There were seven special allegations, which added up to 23 years. Then the additional counts, each strike offenses, required 25 years each. Total: 98 years.

Behnke said, “I also find that Mr. White is not eligi­ble under 1175(h) for local time and I am remanding him into the custody of the Sheriff for delivery to the state prison.”

Court Clerk Bonnie Miller said, “Is that with or with­out the possibility of parole?”

“It’s with the possibility of parole,” Behnke said with a sunny smile and without so much as a hint of irony in his voice.

I went out on the sidewalk to watch White being taken away. I’d have thought he was dead if he hadn’t been walking. ¥¥

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FIREWOOD PERMIT SALES RESUME on Jackson Demonstration State Forest

Fort Bragg– California Department of Forestry and Fire Protection (CAL FIRE) Mendocino Unit is pleased to announce the resumption of firewood permit sales on Jackson Demonstration State Forest (JDSF).    Due to the limited accessibility of timber sale areas containing downed timber, permits will be limited to two cords ($20.00) per household.  Firewood areas will be open May 30, through September 30, 2013, until wood supply is gone, or the first significant rain which ever occurs first. Permits and information on how to safely engage in collecting firewood are available at the CAL FIRE Fort Bragg office located at, 802 North Main Street, Fort Bragg, CA (707) 964-5674.  Office hours are 8-12 & 1-5 Monday through Friday. Campgrounds are now open and JDSF would like to remind the public that camping fees have been implemented for all JDSF campgrounds.  The base fee for camping is $15.00 per night. Multiple uses of JDSF for a wide variety of activities that benefit the public, the economy and natural resources are what our demonstration forests are all about. — Craig Pedersen, CalFire Forester II, Fort Bragg

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THE LEGGETT VALLEY SCHOOL BOOSTER club is once again hosting a food booth at the 2013 Redwood Run on June 7-9. We are the longest running fundraising organization at LVS with over 20 years raising money for the youths that attend Leggett Schools. We are originally were focused on athletics but as the budget situation has been so dire for the past several years we have incorporated the arts and classroom supplies into our list of activities we fund at the site. This year we hosted the *Missoula Children’s Theater*, an in house *Magic Show*, purchased new soccer uniforms for all teams from Leggett, paid sponsorship fees for the *Southern Humboldt Youth Basketball League *and *Little League* for families that could not afford it, and we are giving out our annual scholarship to local graduates. We have also awarded funds to the Cooking class, the Ski/Snowboard club and purchased items requested by teachers to enhance their abilities to teach through audio and visual aids. It is with much pride that we able to dos much for the children of our schools. It is with this in mind that we want to make the profit from this year’s food booth at the Redwood as substantial as we possibly can. Therefore we are asking for pledges towards the items we purchase to use in our booth, we are not asking for the goods themselves, we took the rounded cost of the goods from last year’s run and broke them down so that you, our potential donor can see where the money goes and pledge and amount that is affordable to you, for specified items. We will provide letters of donation receipt for tax purposes for those of you who require it. All pledges regardless of amount are greatly appreciated.

ELBOW-TO-ELBOW GUN LAWS

Editor,

I heard the NRA leader in Texas on radio today and realized how prevalent mental disorders are. This guy is an obsessive, compulsive guy and not a good listener either. He proudly said how great it was that the Party of No, (Republican Representatives) sunk a benign gun registration loop hole closing law, cried out for by worried Americans.

The NRA rep. claimed that Obama was pushing through an agenda. Unlike the Party of No with a real agenda (and not the peoples,) Obama is listening to terrified Americans, concerned about violence too close to home. The NRA villianizes one man, when they need to answer to us. They have distorted the real concern: Americans wanting complete regulations. They claim that their members support them when, in fact, it is huge gun corporations with deep pockets, worried about profits. What about precious human life?

We need solid gun regulation that keeps the guns out of the hands of dangerous people, and profit focused gun handlers. Anyone, who thinks that gun registration is taking away the rights of Americans to have a small arsenal in their homes is clueless. Law abiding citizen can collect guns through a quick registration. But what these folks are missing is that stray bullets maim people permanently and are indiscriminate. Don’t believe me? Then parade through Oakland with your banners and try to understand a stray bullet that hits you, a loving daughter or son, a grand parent etc.

The premise of the NRA leader is that we should all have any sort of weapon, as automatic as possible. Damn, give em, bazookas, hand grenades, portable nukes and chemical weapon dispensers, so they can defend themselves from who?

Yeah, from who? One idiotic man at legislative hearings in Sacramento claimed his aging Mother could not defend herself from her wheelchair if she did not have more than 10 rounds in her clip. The thought scares me. Some gun folks think they can defend themselves from our government. Think again! Those that tried are either locked up or dead on arrival. Waco? Those misguided brothers in Boston?

Should Americans have weapons? I am a peace loving Quaker. It’s okay to dissent in the land of the free, no? I’m not a guntoting guy, but sure Americans should be able to defend themselves and hunt, if they pass the registration. No problemo! Letting people step around this process is criminal. That is what I said and the NRA leader, in my humble opinion, is criminal because his misguided words can lead to no real adequate regulation, upping anger and create more misguided folks, who destroy entire buildings and shoot innocent people. The NRA’s monetary war chest isn’t solely money of the people. The lion share is gun makers . They fork over big dollars to defend their profits, at our risk. We should have laws that protect us, not laws that give us rights that leave us open to violation, harm and death.

Saying “No” is not being part of the solution! It is a wimpy way to do anything. We need real elbow to elbow resolutions.

We need gun laws that work and that limit gun magazines to 10. We also need a debate that does not inflame. Palin continues to use violent language even after a Congresswoman was shot in the wake of her clamor. We need gun laws, civility and real work in Congress to find compromise that protects regular people. Not guns in schools.

Think about it.

Greg Krouse

Philo

PS: Regarding the Willits bypass. It should be called Caltrans-Winchesters path to nowhere: four lanes for a truck ever 5-10 minutes is beyond obsessive. Orange leaders in Eureka, and Sacramento are wasting our gas taxes. They should have done all of Hwy 128 instead of leaving 5 miles of pocked interstate worst then most of our back county roads! Instead Caltrans, who can’t keep roadside landscapes alive (see Cloverdale’s native dying landscapes) are going to create a wet land. Don’t make me laugh… Clueless in orange!

PSS: Ken Miller’s article on Toxics in herbicides and other product is right on the mark. All herbicides cause soft tissue lymphoma. Caltrans mixes these toxins into untested brews that destroy hemoglobin, tweak estrogens, and destroy soil life. Mendocino is doing well without roadside herbicides, but we could be doing much better without this poison in our forests and in farms.

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ONE WOULD THINK…

Dear Editor:

The article in your May 15 issue by Mark Scaramella about the Northwestern Pacific Railroad Company (NPRC) was an excellent piece of journalism. It is well known in Mendo County the NPRC which was chartered by the California State Legislature and receives funding from the State is a dysfunctional organization with a Board that with the exception of Director Meyers is incompetent. There were several areas covered by Mr. Scaramella which clearly support this view. A good example is the matter of the EIR where they have lost court cases at a heavy cost including around $3 million from the State. Also, the “sweetheart” arrangement with the separate operting company (NWP) which has resulted in a one way flow of monies to NWP. There is a litany of additional problems that may will lead to the Bankruptcy Court.

One would think the Legislature and the Governor would have a concern about the situation. But not so. As you may recall I wrote a letter to you about what happened when I wrote Senator Steinberg about the problems of NPRC, a state chartered entity which receives funding from the the State I received a rather snarky letter no doubt written by one his over paid paper pushers disavowing any responsiblity for NPRC. A similar letter to the Governor did not receive a response. I guess they do not have a concern about the waste of State funds.

Again kudos to Mr Scaramella for his “Off the Tracks” article.

In peace,

James G. Updegraff

Sacramento

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SOUNDS LIKE IRAQ

Editor,

Having debated with Mr. Baldwin countless times over the years, it should not surprise me (or anyone else who knows him) that his arguments are as specious in writing as they are in person. Namely, Mr. Baldwin routinely ignores what is actually said, and instead assaults a “straw man” of his own creation. This is evident in his reply to my earlier letter, in which he attempts to portray me as a neocon seeking the downfall of all regimes opposed to U.S. hegemony. While I am actual flattered that Phil believes I am familiar with all U.S. military interventions since the Reagan Administration, I would rather redirect my friend to the actual topic, which is our actions(or inaction) regarding Syria.

The only portion of my letter to which Phil actually responded was my mention of the tens of thousands who have been killed in the Syrian Civil War over the past two years. Mr. Baldwin would have us believe that the rest of the world should ignore the slaughter currently taking place because the numbers “cannot be confirmed at this time.” Well, Phil, that’s war for you; the Assad regime is apparently unwilling to keep an accurate count of their murders for our benefit. The refugee crisis in neighboring countries is similarly messy. Should humanitarian aid not be sent to the region because the precise number of refugees is unavailable?

Phil is under the impression that the Arab Spring of 2010 was the creation western provocateurs, part of the Project for a New American Century’s “regime change” strategy. Apparently, the Arab people themselves are either perfectly content to live under dictatorial rule or unable to organize a protest on their own. This attitude is nearly as racist as it it is patronizing. I would remind Mr. Baldwin that the reason why the mass protests in Syria became a civil war is because the Assad regime responded with beatings, torture, and snipers shooting into the crowds. The Syrian situation now has devolved into sectarian violence and a regional conflict in part due to the hesitancy of the United States and other western powers to support the elements of the opposition that want a secular, democratic nation that respects human rights.

Putting aside the whole “armchair quarterback” issue, I would ask my friend Mr. Baldwin not why he is opposed to US intervention in Syria(because he is always opposed to US intervention whatever the circumstances), but why he supports the Assad regime.

Sincerely,

David Lilker

Willits

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HAMBURG AS VIC

Editor,

Doesn’t our sheriff have anything more important to do than to prevent Carrie Hamburg from resting in peace?

Bruce Hering

Boonville

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STILL AGAINST INTERVENTION

Editor,

We need logic from friends and hope for it from our governments. In two AVA letters from Mr. Lilker we haven’t received much of it. From our government, we increasingly get Orwellian madness.  Doublethink – “the power of holding two contradictory beliefs in one’s mind simultaneously, and accepting both of them… To tell deliberate lies while genuinely believing in them.”

While it is interesting that David has shifted from having “the Assad regime” killing “tens of thousands of its own citizens” to having those thousands “killed in the Syrian Civil War.”  Civil War, David?  We know that without U.S. proxy (Qatari, Saudi, Turkish, French, British) arming of rebels dominated by non-Syrian jihadists from the get go (spring 2011) there would be no war in Syria.  And now that the sectarian terrorists have – only with U.S. approved aid – taken the lead in this war, David remarks that “the Syrian situation has devolved into sectarian violence and a regional conflict” because we did not support the good rebels early enough. Orwell would love the logic of our funding the initiation of a rebellion and saying we must now intervene because the rebellion is out of hand.

So David, joining John McCain, Hillary Clinton, Susan Rice, John Kerry, Lindsay Graham, CNN, NYT, WSJ (all dutiful servants of the oligopoly), endorses U.S. military intervention in Syria.  We’re guessing he knows this intervention is included in the plan for “full spectrum” world dominance spelled out in Brookings Institute’s “Which Path to Persia?” and previously by the Project for a New American Century created by William Kristol, Paul Wolfowitz, and Robert Kagan.

Mr. Lilker claims I support “the Assad regime” (note that David, like the 1%’s MSM, always replaces government with “regime” for his bad guys).  Before answering that charge, let’s ask David to wonder with us if Bashar Assad, who presides over the last secular government in the Mideast, is responsible for more or less torture and civilian death than those two American Presidents presiding over Abu Ghraib, Guantanamo, drones above Yemen and Pakistan, and U.S. wars on Afghanistan, Iraq, Libya.

I no more support Assad than I supported Saddam Hussein when I marched against our “Shock and Awe” invasion of Iraq in 2003.  That war squandered two trillion dollars and left the infrastructure of Iraq blown to smithereens, likely hundreds of thousands of dead civilians, and still hundreds dead daily from car bombs.  Afghanistan and Libya are equally devastated from our intervention.  Does David hold that these measures win the hearts and minds of people in the targeted nations?

Mr. Lilker seems to be encouraging more US generated Mideast destruction, death, and tribal warfare.  After wondering who in the heck could actually benefit from such chaos, consider attending Ukiah City Council to support our resolution against American military intervention in Syria — June 5th, around 6:25.

Phil Baldwin

Ukiah

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BYPASS SCAM

Editor,

Do you know what a roadway “Level of Service – C” means? It’s the reason that Caltrans is wasting more than $300 million of our money on a huge new freeway to handle a miniscule amount of traffic. It’s the reason that more than $30 million of local transportation money has been stolen from us and committed to a bloated project that even industry-written highway design manuals caution against. It’s the reason that Caltrans will level scores of century-old oak trees, cover hundreds of acres of prime farmland in asphalt, and destroy more wetlands than any other project in northern California over the last half century. It’s the reason that smaller, safer, cheaper, and less-impacting solutions for our traffic problems were never taken seriously by Caltrans.

It’s all because of a simple phrase that Caltrans wrote into the purpose and need statement for the bypass: “[the bypass must] achieve a minimum Level of Service (LOS) ‘C’.” These seven words are responsible for all this.

If you don’t know what LOS “C” means, you’re not alone. None of the regulatory agencies that approved the bypass understood what LOS “C” meant either, even though they signed a statement agreeing to the purpose and need statement years ago. None of them had the slightest clue that they had just been conned by Caltrans into committing their agencies to approving the massive destruction that will besiege our valley for eternity.

Level of Service (LOS) is a rating system that highway design engineers use to figure out how many lanes are needed on a new roadway to handle the traffic volumes projected to use it. The rating system attempts to estimate a driver’s perception of the quality of their driving experience during near worst case, peak-hour traffic conditions, and is derived from a complex series of calculations. The calculated LOS ranges from “A” (very low traffic) to “F” (bumper to bumper traffic). Highway design manuals recommend that engineers aim for something in the middle of the range – LOS “C” or “D”- when designing new roadways in order to balance functionality with cost and environmental impacts.

The same design manuals strongly advise against building roadways that will operate at LOS “A” over their design life because the roadway would be overbuilt, wasting public funds and causing undo and unnecessary environmental damage. In the Environmental Impact Statement (EIS) for the bypass, Caltrans declares that “A four lane bypass would provide LOS “A” upon construction, as well as throughout the 20-year design period.”

In contrast, Caltrans states that a generic two-lane bypass “would provide a LOS ‘D’ at peak hour upon construction, as well as throughout the 20-year design period.” If you want to experience LOS “D” yourself, drive the stretch of Highway 101 from the north city limit to Reynolds highway at 5pm. Or, simpler yet, log on to Caltrans’ website (http://www.dot.ca.gov/dist1/d1tmc/1_cam.php?cam=27) to see real-time photos taken near the truck scales north of town. With a recent peak-hour traffic count of 860 vehicles per hour, this stretch of highway is well into LOS “D” according to the calculations.

But, as one recent editorial writer asked, aren’t we getting a two-lane bypass? The answer, unfortunately, is a resounding “NO.” The ultimate project is and always has been a four-lane freeway. What we are getting now is 2/3 of a freeway, a Frankenstein version with nearly the same massive footprint and impacts as a four-lane freeway. The same high-speed design as a freeway without the safety benefits of lane-separation. Six miles of inaccessible pavement, suspended 20 feet in the air, with interchanges too far from town to provide any local benefit.

If you dispense with the rigid constraints of a freeway, better alternatives suddenly become feasible. For example, numerous people have suggested the unused railroad corridor as a potential route. Even though it would clearly reduce delay and improve safety, the other goals listed in the purpose and need statement, Caltrans says it won’t meet LOS “C.” As a result Caltrans cast it, and all other non-freeway alternatives, aside as not meeting their own arbitrary LOS requirement. A railroad route could have completely avoided wetland impacts thereby forcing the Army Corps of Engineers to reject all the freeway alternatives from further consideration under the Clean Water Act.

Caltrans has always wanted a freeway. Be it 1950s thinking, hubris, money — but it’s certainly not traffic volumes, that’s been well established. They knew the purpose and need statement couldn’t just plainly state “we want to build a freeway,” agencies and the public would have questioned that. So, they did the next best thing. They added seven words; a benign sounding requirement that they knew no one would understand or question. The result is the same.

Richard Estabrook

Brooktrails

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STONERVILLE 94117

Good morning,

The paper delivery industry is not what it was, I am well aware. Mine usually comes in the mail on Saturday or the following Monday. I’m grateful you are still making a paper! Thank you. Any chance of receiving the issue closer to the issue date in my San Francisco neighborhood, 94117?

Speaking of the 94117 neighborhood, I’ve always enjoyed your take on the downfall of the area’s free love turned lowered IQ/stonerville. Most of the newfound free lovers are loaded twenty somethings from out of state enjoying the homeless “perks” this city has to offer; dental work, food, haircuts and needles. There’s no rehab in sight for these folks. No more tickets to go back home where they were created. The real homeless who require mental illness care are more often left at the end of the line. And those of us paying into the city’s system are struggling to stay. I am reminded each time a drunk on bad drugs wacks his dog, or an innocent bystander at the bus stop is harassed by one of these characters, and the police are riding by on horses shrugging, “call your district supervisor…” If someone was actually supervising this district I suspect the neighborhood would show signs.

Susan Clark

San Francisco

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AT THE END OF THE LINE

To the Editor:

Today I did something I’ve never done before. I stood in line at Social Services. My disability payments were discontinued. I’m not eligible for unemployment. I lost my job in August 2011, collected until June 2012. Then I was put on disability for anxiety. Since I haven’t worked in 19 months, unemployment payments were denied; one month too late. In the month of April I have received $207 period.

I’m not eligible for emergency rent funds because I have no children in the home.

I applied for CMSP to get a second opinion on my disability three months ago. I’m waiting in line because they are understaffed (Social Services). As I stood in line for food stamps, the only thing I’m eligible for, I listened. Young adults are eligible for help with rent, schooling, food stamps, monthly stipend, etc.

You are young and have children therefore here are all your benefits.

You are a baby boomer in your late 50s, mid-60s and you are not eligible for anything but food stamps.

I have worked since I was 12 and paid for all of the programs through my taxes, but all I can get is $200 a month in food stamps.

I guess my point is this: I worked for 46 years. No alimony, no child support and no public assistance. These 30 year-olds “or less” have children, little job experience and the state will cover everything. On the other hand there are people like me who worked all their lives, paid their dues, and no one cares if I can’t pay my rent or end up homeless.

I worked hard and put money in the state-federal coffers. I’m a baby boomer. We are all getting older and disabled. There are a lot more of us coming around, needing help. I don’t want young families to starve, but I do want them to pay their dues.

We are the transients in Ukiah because we’ve lost our homes and can’t get hired because of our age or limitations. We baby boomers are looking for work. We are trying — raised with ambition. We are not all alcoholics or drug dependent. We are surprised that we have landed where we are. Standing in line at Social Services. We stand at the food bank, buy our clothes from Goodwill, look for jobs, give what we can now and we get tired.

I’m your mother, your daughter, your sister, your aunt. Are you proud to stand in line at Social Services and take from me like no one cares?

You are young. People will hire you if you ask. Go ask. Try. Work. Contribute. Because your mom and grandma are close to homeless everyday. Step up.

I wrote this letter a week ago. I didn’t send it because I’m ashamed and embarrassed. I didn’t want to advertise my situation. I still don’t. It needs to be said. I’ll take the embarrassment.

Bottom line is $207 to live on in April. Six weeks later, I’ve got food stamps but might have to live in my car. No gas. I hope I can park it somewhere I won’t get towed. I wasn’t too proud to ask for help. I’ve asked, I’ve done, I’m humiliated and my government isn’t helping and doesn’t care.

Nobody will steal my identity because I don’t think anyone would want to be me.

Cynthia Jeremiah

Ukiah

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SOCKLESS JOE FROM DEAL-MENDO

Editor,

Mr. Bruce McEwen: my name is William Jackson. I am the one who wrote a letter about the public dealmaker who didn’t wear socks. To tell you the truth that got his attention. He finally came out to see me only because he read it in the AVA. He was upset and he said I was wrong because I didn’t take responsibility for myself. But in all he was a good sport.

I read your article and really appreciated in a major way. Just so you know, my public defender has only been out to see me once and 120 days. The only other time was Tuesday after he saw my letter about him. All of what I put in that article is true from my heart and for real. I was reaching out and asking for help because I can do nothing but sit back and watch nothing being done.

He made it seem like it was going to have a negative effect on my case. What I was trying to do is light some fire under his ass to get a response because I called his office 100 times and never got ahold of him. And I am the bad guy.

The only thing that seemed to bother him was the fact about his socks. Nothing about being sorry, being busy, or knowing he should make more time for my case. All he said was for me to stop writing letters. He never admitted he was wrong about anything. He just made me feel worse about my whole case.

I’ve never written anything to a newspaper before. That’s because I’ve never been wronged like this before. Plus, my life is in jeopardy. What else could I do, right? I was hoping to get the help I need to better my life. Instead I got a public defender who took shit personal and still is not doing his job any better. But he has made a point to joke around to his other clients about how he wears socks, as if that’s the most important part, not helping people or practicing any law.

Every time I try to talk to this guy he just talks over me or tries to explain something different. He never allows me to say anything. My trial date is now set for May 30. He has not collected any evidence whatsoever. He never even asked my side of the story. But he is willing to keep offering me a deal of five years with 85%, less than two weeks before trial and he’s done nothing. Really, how is that going to work? Not very well.

Anyway, sir, sorry to just vent, but I really wanted to say thank you for supporting my letter in your article. It made my day. Please feel free to write me with any advice or print anymore letters that may support this same thing. Unfortunately the no-sock wearing guy is still my public defender. Wish me luck. More like pray for me. If you have any advice please feel free to share it with me. I am still in jail and could use all the help I can get.

Respectfully,

William Jackson

Ukiah

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WINNING WARMING WAR

Editor,

How to Win the War on Global Warming without firing a single shot—

In his January 2013 acceptance speech, President Obama singled out climate change as the most important issue of his second administration. He is not alone in this view. Quietly or openly, most of us are seriously worried about climate change and what will come next.

The dangers of climate change are becoming clearer to most people. Last week we officially passed the critical 400 parts per million of carbon in the planet’s atmosphere, which scientists believe can unleash over 60 feet rise in sea level across the globe. People living in forty three island nations will be under water. As a result the venerable US Meteorological Association has started listing for the first time ‘climate change’ as a cause for the worst weather disasters of our time: extreme droughts in Missouri, record tornadoes and hurricanes that in 2012 stopped most human activity in New York City, Connecticut and New Jersey. These events are not just getting worse they are also becoming more frequent because a heated atmosphere is volatile. In practical terms three Sandy Super-storms a year will suffice to close down NYC as a center of human activity, and the situation will be worst in the rest of the world. In reality Climate Change poses a global threat to human survival. Even the Pentagon has identified in a recent report Climate Change as a major and perhaps the most important national security issue for our nation.

Yet government and corporations continue to show little or no interest in doing their part to reduce carbon emissions and avert potentially catastrophic global warming risks. The matter is mostly in their hands because the energy that the industrial sector uses is what causes 45% of the carbon we emit into the atmosphere. Burning transportation fuels produces only 18% of the global emissions. Why the apathy, why the lack of business and government action?

The reason is simple and was well articulated by Tony Blair as UK Prime Minister when he said that nobody is interested in reducing economic growth. Reducing carbon emissions means reducing economic growth, because most energy comes today from fossil fuel energy that emits carbon when burnt. Energy equals economic growth, so that reducing carbon means reducing growth. People need jobs and corporations need profits. Government needs both. Nobody is interested in reducing economic growth.

This pits the proponents of growth with the proponents of a safe climate who prefer low growth. It is an intense debate. “The War on Global Warming” was the title of an article in the Anderson Valley Advertiser last week. This is a War that human civilization must win.

How to win the War on Climate Change? Is it possible?

The answer is yes. It can be done and requires not a single shot.

First let’s take off the table what will not work. The solution cannot be to rebuild from scratch the fossil power plant infrastructure of the planet into solar energy plants, because the fossil plants are a $55Trillion asset that will require decades to rebuild. It is the right solution in the long run but we don’t have time. It will not change matters as soon as needed, we all know that. It will take decades, and this is too long. Thousands of scientists of the Intergovernmental Panel on Climate Change (IPCC) which was awarded the Nobel Prize in 2007 agree that we need a solution right now – in the next 10-15 years. I know since I used to be the US Lead Author of the IPCC. Yet doing anything in 10-15 years seems impossible at first sight. Some ‘geo-engineering’ solutions could be worse than the problem itself. Shooting pellets into the oceans to make the sea absorb more CO2 is one of them. It would acidify the oceans destroying crustaceans such as corals and krill that are at the bottom of the pyramid of life on earth.

A solution nevertheless exists. It boils down to ways to clean the atmosphere while we provide more energy. This requires building new types of power plants that are literally carbon negative©, not just eliminating emissions but actually reducing the carbon that is already in the atmosphere. These plans reverse the Tony Blair equation: the more energy they produce the more they clean the atmosphere. They clean much more CO2 than they emit. This goes at the heart of the 45% of the global emissions that comes from power pants and therefore it will work. It can work even better for developing nations in Latin America and Africa – which emit very little carbon but need a lot of energy. They could stop using women as beasts of burden and use clean energy instead, while they clean the atmosphere. Carbon negative Power Plants can create energy for development and jobs. These are desirable jobs that create clean development. How does it work?

The technology exists today, and the Kyoto Protocol and it carbon market that this author created, can shows the way. The carbon Market (EU ETS) provides funding – $215Bn per year – for such projects. The State of California recently started its own mandatory carbon market in 2012, which wishes to join forces with the Quebec Canada Carbon Market. More immediately, a new technology created developed and commercialized recently out of Silicon Valley and Mendocino County – in Elk of all places – can do all this. It is called Global Thermostat. Each Global Thermostat plant makes money. And each plant transforms a fossil power plant into a carbon sink cleaning the atmosphere. It can do the same for nuclear and for solar power plants because it operates using the “low residual heat” they emit, which is abundant in all these plants. Because these plants produce energy for development they avoid the Tony Blair “curse”.

Global Thermostat technology is unique but there may be different carbon negative technologies that offer a similar solution soon. This one has the advantage of being here now. It is developed, proven and patented. Global Thermostat plants are operating at the Stanford Research Institute (SRI) in Menlo Park next to Google and Facebook – but have a very different purpose. I hasten to add that, by corporate design, the intellectual property can be offered without profits to worthy developing nations projects in Africa and Latin America. The technology of Global Thermostat www.globalthermostat.com was invented by this author, a woman who created the concept of Basic Needs as well as the carbon market of the Kyoto Protocol for the United Nations, and by her prominent colleague the famous physicist Peter Eisenberger who used to run EXXON R&D globally for several years at the time that EXXON wanted to become an “energy company” and leave oil behind. Both of us are professors at Columbia University in New York, which has no relation to the technology. The authors have a home in Elk. GT technology is commercially used to feed algae that produce clean fuel – biofuel. GT can produce gasoline from water and air, gasoline that cleans the atmosphere as it runs cars and flies planes, and that enhances oil recovery – the least carbon negative but the most profitable of all applications. GT can achieve all this while each plant it builds makes profits and creates jobs. This is a solution to win the Global Warming War without firing a single shot. I am virtually sure they are other carbon negative solutions, or will be, soon. I invite the reader to comment and join your Elk neighbors in their quixotic but so far very successful quest to win peacefully the climate change war.

Graciela Chichilnisky

Columbia University New York & Global Thermostat

Elk

____________________________________

HIPPIE CRACK

Editor,

City report—

Walking down Haight st, proudly wearing my AVA t-shirt, a guy points at it and says, “Great paper. Lot’s of crazy shit in there.”

As for those whippets, those, and nitrous from tanks, are called ‘Hippie crack” in some circles, and not in a flattering manner.

Steve Heilig

San Francisco

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TRUE COLORS

Editor,

Governor Jerry Brown’s true colors emerged recently when he dismissed Caltrans criminal negligence on the Bay Bridge construction as “shit happens!”

From now on, he’s gone and be “Governor Shithappens,” or better yet, “Governor Lowbeam.”

Brown and yellow: the new California colors.

Cheers,

Don Morris

Skunktown/Willits

PS. The liberals have their own Fox News. It’s called faux news (aka NPR).

____________________________________

WHERE’S MUFFINBUG?

Editor,

Woop, Woop, Whoof!

Just a big shout out to the KZYX&zzz crew for letting me know that my dogs, Doughnut and his canine bro MuffinBug got loose for the third time this week! A big a high five for the lost dog report! Thank Goddess someone is keeping track of our constantly escaping animals! PS. In these days of low pot prices it’s hard to buy secure fences for all of our beloved doggies! Keep up the good work KZYX&zzz! Love you!

Shakti McMullins

Philo

____________________________________

WATCH YOUR BACK, MR. STRAHL

Editor,

My name is Matt Strahl and I would like to introduce myself to the Point Arena staff and community. First, I would like to thank you for accepting my family into your community. In the next few paragraphs I would like to give you a snapshot view of my educational experiences and beliefs shaping my career and life, and tell you about my family.

For the last 25 years my educational involvement has spanned kindergarten through college. My career began as a private school kindergarten teacher in Sacramento. Next came elementary teacher in San Juan Unified School District for three years. I left the San Juan District because my wife, Staci, started teaching nursing at College of the Redwoods in Humboldt County.

I soon had a job teaching at McKinleyville Middle School where I spent ten wonderful years teaching. While there I earned my Masters of Curriculum and Instruction from Covenant College in Lookout Mountain, Georgia. In addition, while I was completing my Masters, I also earned an administrative credential from Humboldt State University.

I left McKinleyville to begin my first administrative post at Bret Harte Union High School District. During my first seven years with Bret Harte I was an assistant principal. Four years ago I assumed the role of Principal of Alternative Education in the district. Sprinkled inside the 25 years of work I’ve also been an artist in residence and lectured about “creativity in the classroom” at the college level.

I am the father of 2 wonderful girls. Both girls were adopted from China when they were six months old. Abby is my oldest at 17 and she is off to college this year on an academic scholarship. Quintessa, my youngest, is a sophomore in high school and is quite the artist and writer. I am a single father because my wife of 27 years, Staci, died from stomach cancer a year and a half ago. Her loss was a blow to the family, but we are moving forward and keeping a positive attitude in all situations.

I have loved working in a rural educational setting for the last 21 years. Becoming the principle of a comprehensive high school feels like the next logical step for me, both professionally and personally.

I have always fully immersed myself in the community in which I find myself working. I’ve spent countless hours volunteering at church and/or coaching youth sports in my local community. My family and I look forward to the extensive outdoor activities available to us in this beautiful coastal setting.

As an educator I believe any student can learn and be successful. The key is to find what it takes to meet the specific needs of each individual student. As a teacher and administrator I have years of practice with creative ideas to make sure a student is successful in meeting their academic and social needs. At the same time, I have high expectations for the amount and quality of work that students produce, and recognize the importance of the school-parent partnership in helping students reach their potential.

In closing, I would like you to know I look forward to working and living in Point Arena/Mendocino County area, meeting members of the local community, listening to your educational needs, and continuing to build the teamwork between administration, staff, teachers and students. Thanks again for this opportunity.

Matt Strahl

Point Arena

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THE BOOZE CURE

Editor,

A life in our time –

We had it pretty good. A comfortable cabin on our used hippie commune with folk we had loved, fought, fished, frolicked and farmed with for over four decades.

We had an attractive, loving female partner who shared our political, commercial and recreational adventures. My son and daughter were well established and had produced smiling and intelligent offspring. Our book, “Captain Fathom’s Fables,” was sold out, reprinted and sold out again. We ventured on river and ocean in the perfect Albion skiff, the Cummings 4, sold and blessed by Jim Cummings, the late former czar of the Noyo harbor. We rolled well with a small fleet of motor vehicles. We hadn’t had a drink in four years and it showed. The sheriff, Tony Craver, was a trusted and good friend. In my pocket was a medical marijuana card. With Earth First!, the IWW, and Jesus as a spirit guide and a snug place in the Albion nation, life went on. In spite of the dismal world, the never ending wars and injustice — on a personal level life has never been better.

Then out of the clear blue sky we started to shit dark blood. The horror show began. After tests, the hospital told me that I had colorectal cancer. The doctors all agreed: I’d have to have chemo and radiation torture, then an operation to remove my insides. Then we would be given a bag to carry on my hip forever to poop in. This was an impossible situation. Captain Fathom was a nudist. Every doctor and nurse told me I’d have to have this operation or die. No chance. My life was hanging on a thread. We hoped, wished and prayed that it was a silk thread. The most hopeful doctor told me providing we went through the chemo and radiation, we’d have at best a 10% chance of survival.

Jesus was my only life insurance. The concept of chemo is very grim business. They inject poison into your system and under the best conditions your cancer is killed — just before you are. We lost 40 pounds and our sense of humor. Methinks in the future chemo will be regarded as we now look at bloodletting.

At the end of this day and nightmare we prayed to God for deliverance. The deliverance came in the form of our former love and always pal, Our Linda. From our point of view based on several years of cohabitation and more years of friendship and mutual aid we consider Our Linda as having an “extra wire.” She gives past life regression, casts astrological rejections, perforums various spirit filled functions, makes connections and “can heal the sick, raise the dead, and make menfolk howl out of their head.”

Slam Bam — Our Linda with her faithful mate Steve appeared. She arranged to get the Albion flats for healing celebration for Fathom and two other brothers, Billy Walsh and Rainbow. Our Linda imports a real-life Native American holy man to preside over the happening. Somehow without any advertisements she gathers 100 souls for a huge circle by the sea.

“Wham, slam and kazam,” Fathom indeed begins to feel better. The medical team wants to begin another round of chemo. Like a lightning bolt, Fathom gets an idea. Rather than poison my body with chemo, we will begin smoking tobacco and drinking, thus poisoning my body and enjoying it more than chemo. So we had Jesus, Our Linda, local market poisons and the good vibes and prayers of our Native American rabbi plus the Albion Nation.

On the other side, we had the entire medical profession doing everything they could to terrify me into having the operation. We started drinking like a fish and smoking like a chimney. Months later we walked into the cancer office in Ukiah and shared my new cure with the assembled. They seemed astounded that we were still alive.

Captain Fathom

Albion

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THE CAT IN THE COAL MINE

Editor,

My cat has always come running at the sound and smell of a can opener opening a can of tuna as she loves canned tuna water.

A couple months ago she came, sniffed, but didn’t partake. Hasn’t tasted a drop of any tuna water since. Different brands irrelevant. She doesn’t even come at the sound of the opener anymore.

I take it as a bad sign. I’ve always loved tuna. But, I have a disconcerting feeling that kitty knows best. With great sadness, I’m off the fish.

I miss the good old days.

CHRISTOPHER LASCH could have used Mendocino County as a study population for his pivotal “Culture of Narcissism” where narcissists comprise the majority of our population. In another of his books, I forget which, probably “The Revolt of the Elites,” I wrote down the following:

“The ‘radicalism’ of the helping professions have transformed the state into the engine of therapy because the no longer surprising fact is that therapy and bureaucracy have considerable affinity; each seeks rationalization, each is hierarchical and, above all, each is authoritarian.”

BY GUMBO if that isn’t official Mendo to a bloody T, and at least partially explains local public education, the entire Mendocino County bureaucracy, the courts, public radio, the entire “Let’s pull our chairs in a circle and introduce ourselves” m.o. around here, as if the smiley faces aren’t getting paid to be there and wouldn’t hesitate to do an Abu Ghraib on dissent if they could get away with it. When fascism comes to America — we’ll probably be there by 2020 — it will be these people who staff it.

========================================================

Delvalle

IN THAT DEPRESSING Philo case where Mom, 22, and Boyfriend, 21, were charged with felony child abuse, Mom has pled guilty. Samantha Delvalle’s 2-year-old son had been rushed to Ukiah Valley Medical Center by Ms. Delvalle’s mother where the baby was found to be dangerously ill from methamphetamine and a life-threatening amount of alcohol in his system. Ms. Delvalle will be sentenced June 28^th where she could get anything from probation to four years in state prison.

THE BOYFRIEND, Raymond Mabery, has also been charged with child abuse, being under the influence and possessing drug paraphernalia. Mabery’s preliminary hearing was continued Wednesday. He’s due back in court June 20th for either disposition of his case or setting of a hearing. Mabery is represented by Justin Petersen of Ukiah. Mabery’s involvement in the grim episode has never been clear. He appears to simply have been present when deputies arrived to investigate the case.

========================================================

THE SPECIALLY-TRAINED mussel-sniffing dog brought in by the Sonoma County Water Agency to ferret out an invasive, destructive variety of pesky clam, said that the dog was unable to find any of them in Lake Mendocino. The creatures, once established, gum up the valve works. (If you’re wondering why the Sonoma County Water Agency concerns itself with Lake Mendocino it’s because Sonoma County owns almost all the water stored there.)

========================================================

“FRICTION.” A structural engineer visiting 
Philo on Wednesday to discuss the replacement of the Philo-
Greenwood Bridge said off the cuff that he assumed friction would keep the Willits Bypass viaduct upright. I’d buttonholed the guy to ask him how he thought the Willits
 Bypass’s elevated viaduct could be effectively held up when the ground in 
Little Lake Valley is so loose, being made up of sand, silt, clay and gravel or
 combinations thereof. I said I couldn’t tell from the 
construction drawings how far down the piles holding up the viaduct’s support 
piers were going to be driven, but from the core samples at the site it might be hundreds of 
feet before you’d hit any kind of bedrock.

The engineer said that
 clay, especially, can make quite a tough base depending on the thickness of it. He 
also said that the footings for the Bay Bridge are in what he called 
“thick bay mud” and are not anchored on bedrock, but are still stable in
 conjunction with the rest of the bridge. The engineer added that in 
some ways the “friction” approach to pier support will help the
 superstructure be flexible in an earthquake where stiffness is the enemy.
 He said construction techniques can also minimize
 settlement, especially test drillings and pile driving on the first pier 
can help determine how far down the piles have to go, although each pier 
might have to be different depending on what’s underneath. However, the 
engineer agreed that there might well be uneven settling and other unknown 
construction difficulties associated with unstable ground which “can 
probably be solved with enough money.” But is there “enough money”? Time
 will tell. If the usual overruns occur, other non-construction
 parts of the project might have to be sacrificed for cost reasons, and if the 
overruns are even bigger, the job could stall out part way through. (—ms)

========================================================

CALIFORNIA’S FRACKING FRENZY

Is The Next Western Oil Boom on the Horizon?

By Joshua Frank

California’s Gold Rush may have ended well over a century and a half ago, but there are new prospectors in town and these suits aren’t toting tattered tents and rusty old pans. Instead the new Golden State pioneers employ geologists and lease expensive extraction equipment. Yet, in many ways it is still the Wild West out here in the land of sun and sea, and many are hoping to strike it rich.

Fracking, or the act of blasting a mix of water, sand and chemicals underground to force oil or natural gas to the surface, is sweeping the Golden State. Currently fracking operations are taking place in nine California counties and many are worried it’s just the beginning. While opposition to fracking in Wyoming, Ohio, New York and Pennsylvania gains momentum, critics of the process in California are just now gearing up for what looks like a long fight ahead—a battle certain to be fraught with industry lies, flawed science and old-fashion fossil-fueled greed.

Opponents argue that uncontrolled fracking emits large amounts of methane and other air pollutants and undermines efforts to head off catastrophic climate change. They also cite numerous instances across the country where groundwater supplies have been contaminated by nearby fracking operations. Additionally, in a place like California where water wars are already intense, fracking could accelerate the crisis—for example, a single horizontal well can use more than 5 million gallons per frack.

At the heart of fracking’s potential future in California is the illustrious Monterey Shale formation, which covers 1,750 square miles from Central to Southern California and holds an estimated 15.4 billion barrels of oil. Unlike many other states where independent operators and drillers dominate the landscape, it’s major oil companies like Occidental Petroleum and Venoco that have operated in California for decades. Yet most of these oilmen have played it safe, opting to not explore the vast deposits of the Monterey Shale because of its limited access and complex geology. Nevertheless, advancements in fracking technology are changing all of that, and fast.

Oil production in the state has been declining for years, yet California is still one of the top oil producers in the country, fourth overall, trailing only Texas, North Dakota and Alaska. If fracking can take off in California as it has in North Dakota recently, the state could experience an oil surge that could make the Golden State the largest oil producer in the US, almost immediately.

“If nothing is done, large parts of our state could be transformed into industrialized oil and gas zones … as we’ve seen in other places like Pennsylvania and North Dakota,” says Kassie Siegel, a lawyer for the feisty Center for Biological Diversity (CBD). “Fracking the 15 billion barrels of oil in the Monterey shale is like lighting the fuse on a carbon bomb that would shatter California’s efforts to address the climate crisis. Given California’s leadership in addressing climate change, if we can’t stop a fracking boom in California, it’s difficult to see how we get our nation off of fossil fuels.”

First on the chopping block are public lands managed by the Bureau of Land Management (BLM). Prices have skyrocketed within the Monterey Shale formation in the last few years, in some cases the BLM is scoring $2,000 an acre for parcels that used to go for a mere 2 bucks. No doubt the companies leasing up the land are betting on a frack-friendly future, where once untouchable oil reserves soon will be within easy reach.

On April 8, CBD and others won a major legal victory in California that could impact federal land leases across the country where fracking is involved. In response to a lawsuit the groups filed in 2011 against the BLM, a federal judge ruled the Obama administration violated the National Environmental Policy Act when it auctioned off 2,700 acres of land to oil speculators in Monterey County. The judge said the BLM relied on outdated studies that ignored the potentially damaging effects of fracking in the area. It was the first time a federal court acknowledged that fracking could cause environmental damage.

While there are a a myriad of environmental issues facing California, fracking is the most important among them argues Siegel.

“There is absolutely a danger of California being transformed almost overnight, as other areas of the country have been when the fracking boom hits,” says Siegal. “In other parts of the country, we’ve seen contaminated water. We’ve seen people who live near oil and gas wells complaining of health effects.”

Siegal and others are hoping Gov. Jerry Brown and state officials in Sacramento don’t cave to industry demands, mainly hiding behind trade secrets so they do not have to disclose the chemicals they use when fracking.

Gov. Brown’s first effort to tackle fracking was considered meager at best. In December 2012 the Brown administration put forth a tepid proposal that would require fracking operators to disclose their plans to the state 10 days before ramping their operations. These companies would have to post the list of chemicals used to the online database “FracFocus” along with the locations they plan to frack. Since FracFocus is not subject to public record laws, companies may claim “trade secrets” exemptions to withhold the names of the chemicals used in their fracking.

“The road we’re headed down will heap a cloak of secrecy around trade secrets,” says Bill Allayaud of the Environmental Working Group.

Several California state lawmakers also voiced doubts about Brown’s proposal to regulate fracking, saying it didn’t go nearly far enough to protect public health and safety. Brown’s timid attempt to govern fracking also left the regulatory efforts of the practice to the industry itself.

Brown’s logic, however, is transparent: less oversight means more tax revenue and job creation. Or at least that appears to  be the myth he’s ascribing to.

“We want to get the greenhouse gas emissions down, but we also want to keep our economy going. That’s that balance that’s required,” Brown told a group of reporters at a recent “clean energy” event. “The fossil fuel deposits in California are incredible, the potential is extraordinary.”

A new study appears to back up Brown’s insistence that fracking in California would be good for business and the state’s depleted bank account. The report, released by USC and the Communications Institute, titled “The Monterey Shale and California’s Economic Future,” estimates that fracking could generate half a million new jobs by 2015 and 2.8

Critics of fracking in California are concerned with impacts on local waterways, especially in coastal areas such as those in Monterey County million by 2020 in California. The media quickly latched on and so did the industry group that funded it —the Western States Petroleum Association, a fossil fuel lobby shop based in the state capital of Sacramento.

“Clearly, the Monterey Shale is a game-changing economic opportunity that California can’t afford to ignore,” WSPA asserts in a press release. “This opportunity is especially important to the communities in the San Joaquin Valley that have experienced extremely high unemployment and economic challenges for far too long. The great San Joaquin Valley will be the primary beneficiary of the jobs, wealth and government revenues that will flow from the Monterey Shale. It’s their time to flourish.”

The Los Angeles Times was also quick to point out that the “study forecasts that the state could reap oil-related tax revenue of $4.5 billion in 2015 and $24.6 billion by 2020.”

No doubt the oil industry got their money’s worth. The study is now consistently cited for the “fact” that fracking the Monterey Shale would be a boon for the economy as well as a huge job creator. However, anti-frackers aren’t backing down.

“[If] you read the study itself, the authors admit that the data they had wasn’t good enough to make any reliable projections, that their assumptions were extremely optimistic, and that the assessment is only ‘preliminary’,” counters Siegal of CBD. “The study ignores environmental damages and ignores the impacts to other industries like agriculture and tourism that employ far more people in California … It’s a cost-benefit analysis that has no reliable information on the benefits and ignores all of the costs. In the body of the report, the authors admit that their findings have little or no policy value for all these reasons.”

What all of this means is clear: California is in the throes of a fight for its economic and environmental future. Fracking opponents aren’t buying the industry’s job creation arguments. They also believe a further degraded environment will only destroy the precious lands that make California a unique, vibrant state.

The new oil barons, on the other hand, are preparing for a fracking frenzy, likely to be rubber stamped by complicit politicians and a complacent media.

(Joshua Frank, Managing Editor of CounterPunch, is the author of Left Out! How Liberals Helped Reelect George W. Bush, and along with Jeffrey St. Clair, the editor of Red State Rebels: Tales of Grassroots Resistance in the Heartland, and of Hopeless: Barack Obama and the Politics of Illusion, published by AK Press. Hopeless is now available in Kindle format. He can be reached at brickburner@gmail.com.)

THE GRAND JURY has taken a close look at food and nutrition at the County Jail and Juvenile Hall. In 1996 I spent a couple of weeks inside on a contempt charge conjured by DA Massini and her judicial gofer, Judge Luther. In ’96 I wrote that “the food is quite good and much 
improved from when I was here in 1988. We had a wonderful spaghetti the 
other night, nearly the equal of my wife’s, and some delicious barbecued chicken the next night. The lunch soups, made from leftovers, are excellent, as good as any restaurant soup you’ll find. There’s always a vegetable and often an apple or orange. Breakfast is at 5am. Lunch seems to be around 10:30 in the morning. I say
‘seems to be’ because in isolation one loses track of time. And dinner is 
about four. Meals are delivered on trays pushed through a mail slot-like opening in the door. I read, do push-ups, read, do push-ups, sleep.”

IN ’96 I WAS CONFINED to an iso cell with no contact with anybody except the CO’s, as correctional officers, or jailers, are called, one of whom did me a huge kindness I won’t forget. They let me bring in The Chomsky Reader, which I don’t mention out of pretentiousness but because out of jail every time I tried to read it I’d doze off. The professor packs a lot of info into every sentence; it’s hard going. But after I’d polished the Chomsky off I had nothing to read. I mentioned it to the CO when he took me out to shower, and darned if he didn’t take me to the mattress room where there were a bunch of mauled paperbacks thrown into a murky corner where he let me go through them. I fished out a couple of John O’Hara collections, and some other readable stuff, and by the time I got through them I was released. I’ll always be grateful to that CO. He got me through five or six days when it wasn’t at all clear how long Judge Passo Aggresso planned to keep me inside. He must have sensed my panic. With books, jail was like an austere vacation; without books it was real punishment.

THIS YEAR’S GRAND JURY, edited below, takes a look at current conditions at the local jail and juvenile hall:

“The Grand Jury received a complaint and reviewed several letters to
 the editor in the Ukiah Daily Journal complaining of food served 
at the jail and at Juvenile Hall. During a visit to the jail
 and the hall, the GJ found both kitchens prepared meals that met the state
 guidelines and served quality meals at a low cost per meal.”

WHICH IS NOT SURPRISING. Lots of guys complain about the food because they’re used to more sumptuous-seeming junk food on the outside, but the total jail package is often quite good for inmates, at least in the physical sense. If they’re in for awhile they can get the drugs out of their systems, catch up on their sleep and get some basic nutrition into themselves before setting forth for another round of the, ah, strenuous life. Jail is jail, not the Betty Ford Clinic.

“BAKING BREAD at the jail has reduced costs and is providing good training
 for inmates. The GJ observed that only male inmates work in the garden and
 recommends that female inmates have the same opportunity. The County 
contracted dietitian supervises several jail kitchens in other counties.
 The dietitian praised both the jail and JH Kitchens for the quality of the 
meals prepared with a minimum amount of equipment. It was explained that
 condiments are not served at the jail to save money and to lower the 
amount of salt and sugar in the diet. Preparing low fat, low salt diets
 are the stated goals for increasing inmate health. The GJ recommends 
providing a computer for the JH kitchen staff.”

THE SHERIFF brought us a loaf of his 951 Bread one day, and I’m here to tell you it was very, very good. As times grow more austere, even if the Sheriff is forced to feed inmates bread and water, 951 Bread is, nutritionally considered, enough to survive on.

“THE GJ determined the food complaints were unwarranted. If inmates ate all 
the food served at the jail, their diet may be healthier than what would 
be consumed at home.

“AVERAGE DAILY Nutritional Requirements: Varies with age and activity.
 Average men’s needs for sedentary occupation is 2400-2500, women 1900-2000 
calories; add 500-800 for moderate activity 700-1100 for hard physical
 work. Calories: The energy stored in food is measured in terms of calories.
 Disciplinary meatloaf: Also known as Nutraloaf, prison loaf, disciplinary 
loaf, food loaf, confinement loaf, or special management meal, is a food 
served in United States prisons to inmates who have demonstrated 
significant behavioral issues. It is similar to meatloaf in texture, but
 has a wider variety of ingredients. Prisoners may be served nutraloaf if
 they have assaulted prison guards or fellow prisoners. Nutraloaf is 
usually bland, perhaps even unpleasant, but prison wardens argue that
 nutraloaf provides enough nutrition to keep prisoners healthy without 
requiring utensils be issued.”

I LOVED the two phrases: “Nutraloaf is usually bland, perhaps even unpleasant….” The only way you could un-bland and un-unpleasant this uniquely unappetizing glop is to kick it down the road a hundred yards, get your dog to whiz on it, dip it in used motor oil, and leave it out in the sun for a couple of years. Really, the Donner Party would have thrown this stuff back out into the snow. But then at the ball game the other day I watched four women old enough to know better eat those big, dry ball park pretzels dipped in mustard. Given the choice I’d go for Nutraloaf.

“DURING THE GJ’S visit to the jail, the GJ toured the kitchen facilities
 and ate the same lunch as the inmates. The GJ also had lunch with the
 youth at Juvenile Hall. In addition, the GJ interviewed the County contracted
 dietitian, head nurse of the medical services provider to the jail, cooks,
 and staff of both facilities. The GJ reviewed the menus, California’s 
nutritional guidelines and reviewed provisions of Title XV.

“INITIALLY, the GJ found the times of meal service at the jail unusual: 5:30
am breakfast, 11:30am lunch, and 4:30pm dinner. Staff explained the meal
 schedule is based on staffing and court scheduling requirements. State 
regulations require no inmate exceed 14 hours between meals. Food
 must be consumed when received and cannot be saved for later. The food 
budget for prisons in California has recently been raised from $2.30 per
 day to $2.45 per day. The dietitian stated the average budgeted food cost
 in the County jail is $1 per meal. Condiments such as margarine, jam,
 catsup and mustard have been discontinued to save costs and reduce the 
amount of salt and sugar consumed by inmates. The dietitian stated “every 
effort is being made to provide a heart healthy diet to incarcerated
 people. However, snacks purchased at the commissary, rich in fat and
 sugar, wreck a healthy diet.

“THE JAIL KITCHEN provides approximately 250 meals three times each day
 using bare bones kitchen equipment. The kitchen equipment at the jail is
 basic, no steam kettles or food processors. The dietitian praised the
 cooks at both facilities for the quality of meals they produce.

“THE NEW BREAD making equipment at the jail is providing professional 
training to inmate workers and saving the jail and JH substantial amounts
 of money. The current cost is $.30 a loaf. Inmates working in the kitchen
 receive sufficient training to receive food handling certification 
preparing them for future employment.

“THE JH kitchen is small but efficient. At the time of the GJ visit, the
 cook was preparing 26 meals three times a day. The cook does not have a
 computer to utilize nutritional information and caloric value of menu 
items or to send required reports to proper authorities.

“SPECIAL DIETS are available at both locations. Meals meeting religious 
preferences are also provided at the jail; these are pre-prepackaged and
 expensive. Pregnant women receive a fourth meal consisting of fruit and
 additional milk. Medical staff reported to the GJ that many inmates upon 
admission are overweight and undernourished. The dietitian stated the diet
 in the jail and Juvenile Hall for some is superior to what they consume on the
 outside. The Inmate Nutrition disciplinary nutraloaf served to inmates who 
show extreme behaviors meets the dietary requirements.”

SO DOES HUMAN FLESH, but Nutraloaf, I guess, is the next best thing.

“JUVENILE HALL nutrition requirements are more than those for schools and include one
 cup of fruit at lunch and a recent increase in the amount of legumes 
served. Many of the young people at Juvenile Hall were found to be malnourished on
 arrival.

“STATE DIETARY requirements are as follows: Juvenile hall receives 2817
 calories, required 2732 calories. Inmates at the jail receive 2549 
calories, required 2518-2700 calories. The menus at the jail are changed
 annually. The dietitian visits both facilities quarterly.

“THE GJ observed no women working in the jail garden. The garden is an 
important supplement of fresh produce and healthy outdoor work. The GJ 
questioned their absence and was told that a male supervisor may not hav e
female inmates working under his supervision. The addition of a female
 supervisor would allow women to work in the garden.”

========================================================

Corson

A SPECIAL INGRATE TROPHY should go to Marc Joseph Corson, 36, of Fort Bragg, who was found unconscious on his living room floor from a drug overdose. When police and paramedics revived the guy, perhaps having saved his life, and attempted to load him into the ambulance, Corson had to be restrained and hauled to the hospital by police. Corson went off again in the emergency room and, in the struggle to subdue him, Sgt. Charles Gilchrist suffered minor injuries when his hand and arm were slammed against the floor. Corson was eventually wrestled to the ground and brought under control enough for a medical evaluation clearing him for arrest. He was arrested for suspicion of battery on a police officer causing injury, resisting arrest and making death threats to a police officer.

========================================================

THE GOVERNOR’S REALIGNMENT program means people who’d ordinarily be packed off to the state pen are doing their time in county jails. So far, Mendocino County hasn’t had to face with the overcrowding lots of county jails are experiencing, including the Humboldt County Jail where drug-addicted people who in some cases repeatedly commit non-violent crimes are being booked and immediately released. HumCo is almost literally up in arms, especially in the Eureka area where burglaries and other property crimes seem epidemic and where there is no room in jail except for the most egregious offenders.

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COMMENT OF THE DAY: In 1990, Alex Cockburn was invited to speak by a gang of puritanical Trots at Reed College in Portland, a city almost paralyzed by the conventions of political correctness. (In spite of this laborious self-consciousness about its place as a hipster utopia, Portland hosts more strip clubs than any other city its size and lissome Earth First!ers are often glimpsed pole-dancing at Mary’s Club during the winter months to fund their high-wire activism in defense of ancient forests when the snows melt and the chainsaws fire up. For them, stripping is a much less humiliating experience than applying for a grant from the Pew Charitable Trusts.) — Jeffrey St. Clair

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Bowman, McNeil

ON MAY 28, 2013, Green Right’O Way Construction Company reported that during the night someone had broken into vehicles stored at a construction site on Highway 1 near Elk, California. A large amount of tools, valued at several thousand dollars, was reported to have been stolen. On May 29 Mendocino County Sheriff’s Deputies were investigating leads in this case and went to a residence on Dorffi Street in Fort Bragg. At that residence, the home of Donald Bowman, 40, numerous items matching the description of the stolen tools were located. Bowman had pending felony charges and was out of custody “on his own recognizance,” was not found at the residence. The stolen property was seized and deputies began attempting to locate Bowman. On May 30 at approximately 11am, Mendocino County Sheriff’s Deputies located Bowman at a residence on Franklin Road in Fort Bragg. Bowman was arrested and taken into custody without incident. While at the residence Deputies conducted a parole search of the resident, Anthony McNeil, 34, and he was found to be in possession of methamphetamine and was in possession of property taken from the construction site. Additional physical evidence was also discovered at the scene linking McNeil to the theft. McNeil was also found to be in possession of property stolen in a residential burglary in the Mendocino area that was reported about one month ago. Information was developed that indicated that additional stolen property from this burglary may be at Bowman’s residence. McNeil was arrested and taken into custody without incident. Deputies returned to Bowman’s residence where property stolen in the Mendocino burglary was located and recovered. Bowman was lodged at the Mendocino County Jail for possession of stolen property, Commission of a felony while out of custody with felony charges pending, and violation of probation. Bowman was to be held in lieu of $55,000 bail. McNeil was lodged at the Mendocino County Jail for Possession of methamphetamine, Possession of stolen property, and violation of parole. McNeil was to be held on a no bail status. (— Sheriff’s Office Press Release)

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MENDO COLLEGE will offer a “Green Economy” course in Anderson this summer. It will be open to high school students and adults and will be offered at the elementary school in room 20 from 6/24-8/1 on Tuesdays and Thursdays 8:30-12:50.

Course info: Title: The New Green Economy, BUS-176, Section Number: 8137. Description: This course offers an overview of green business trends and opportunities as they continue to emerge across a wide range of economic sectors. Students examine the cultural, scientific, and regulatory factors underlying the growth of the green economy, assess trends and opportunities within various sectors, and learn skills and strategies for pursuing employment or starting a green business. Industry sectors discussed include, energy, transportation, manufacturing, building trades, food and farming, waste, media, health and wellness, and consulting. (Credits: 3.00. Starts June 24, 2013. Ends August 1, 2013.)

LAST AUGUST 30 the Mendocino County Sheriff’s Department issued the following press release with a certain amount of local hoopla:

ON AUGUST 30, 2012 Mendocino County Sheriffs Deputies were dispatched to the area of the “North Pass Fire complex” in Covelo regarding a firefighter that had been threatened with a firearm.

 Upon arrival deputies contacted a CalFire Firefighter that reported he was on a vacant lot of land, in the “Blands Cove” area, involved in fire suppression duties and documenting fire damage, when he came across a small marijuana garden. The firefighter, who was driving a marked CalFire vehicle and wearing firefighter protection gear, ignored the marijuana garden and proceeded with fire suppression efforts. (It should be noted that this area was clearly marked and identified as a mandatory evacuation area due to the aggressive fire behavior and ongoing fire suppression efforts.) 

As the firefighter was continuing with fire suppression efforts, he noticed a vehicle drive up to his location. The vehicle approached him and pulled up next to him. The male subject inside the vehicle told the Firefighter that he needed to leave the area. When the firefighter attempted to explain to the subject that he was engaged in fire suppression activity, the male subject told him that he needed to leave immediately. The subject then looked down at an object that was between his legs on the floor board of the vehicle. As the firefighter looked into the vehicle he could see that a shotgun was between the subject’s legs, and that the barrel was pointed directly at him. In fear for his life, the firefighter left the area immediately. Following a search of the area, deputies located a residence (located within the mandatory evacuation area) and the possible suspect vehicle. Deputies contacted a male subject at the residence who admitted to confronting the CalFire Firefighter. In addition, the male subject, later identified as Veda Bennett-Swank, admitted that he was growing marijuana and that he was aware that he was remaining in a mandatory fire evacuation area.

 Veda Bennett-Swank was arrested for brandishing a firearm in a rude, angry or threatening manner, interfering with emergency personnel or a firefighter at a fire and criminal threats. He is currently being held at the Mendocino County jail on $20,000.00 bail.

* * *

YESTERDAY, Mr. Bennett-Swank’s mother, Lisa Wrench, after saying she was having trouble posting her response to the months-old Press Release on the Sheriff’s website, posted the following response on Hank Sims’ Lost Coast Outpost in Humboldt County. But, of course, the incident in question involves Mendocino County authorities so we’re reprinting Ms. Wrench’s response here. (Courtesy LostCoastOutpost.com)

* * *

Editor,

Veda Bennett-Swank is my son. I would like to comment on the situation regarding his arrest for supposedly threatening a fire person or brandishing a weapon at him. The DA actually wants to take this to trial.

To understand the situation it’s important to note that the Swank family property is located about 15 miles from Covelo, where the average homestead is about 200 acres and there are maybe five homes in two miles. It’s remote, far from services, and you are going to have to take care of yourself, rather than rely on police to protect you, who would probably take 45 minutes to arrive at best. The Swanks have owned their property over 20 years, and are improving it as a family homestead and eventually want to build a home and live full time there.

The area is home to bears, mountain lions, rattlesnakes, coyotes, and “Cinnamon Bears” (relocated Grizzly bears) are known to be in the area. Most residents own and carry guns when they are out on the land to protect themselves.

Residents in the Northern California wilderness areas also have to constantly be on alert for threats from humans. Numerous incidents of gangs trying to set up huge illegal pot operations on someone’s land, steal their belongings, criminals trying to rob them if they are pot farmers during harvest time, and scary folks who come deep into the wilderness to put up a “quick meth lab” which can destroy the land permanently or cause fires, are common problems.

During the fire, there were numerous criminals working off their sentences fighting the fires with the firefighters who were within a few miles of the Swank property. The Swank family experienced multiple thefts of thousands of dollars of tools and personal belongings at their property around this time and were concerned about looters or criminals returning to the area after the fire.

This event took place many days after the fires were out, in an area a long way from the affected fire area, on private property. A white truck, with no placards, signs or other identifying information, was on the property near the small, legally operated marijuana garden on the Swank family land. A man in unremarkable clothing with no badge or other identifying clothing, was standing inside the small, fenced, legal pot garden, snapping pictures of the plants with a camera.

The report says the individual was engaged in “fire suppression efforts.” In reality, his behavior consisted of being inside the small pot garden in question. His “fire suppression equipment” consisted of a photographic camera.

Veda told the person that he was trespassing and should leave immediately. The man got in the white truck, waved goodbye, and left. I don’t know whether Veda was “rude” to the man about him being deep into his garden with a camera or not. But I might have been less than polite if a person claimed to have a right to be doing this on my land, and used his government authority to assert his right to do so.

As to how this gets twisted into a story about a firearm, as the man drove away, he noticed that Veda had a firearm in his truck with him.

Veda is a truthful person, and told the police he had a firearm in his vehicle. This is very common in this area as a precaution against meeting large animals or criminals who may be on your land.

I worry myself for anyone who legally is growing during the time close to harvest due to the risk of being robbed and potentially harmed. I myself own land inside forest boundaries and while I do not choose t to grow marijuana, I am always concerned about my safety when there are individuals who are on my property without a right to be there.

As I said before, many people show up in the late summer to rob pot farmers in the wilderness areas of California, or hunt on private land, or worse, are looking to find a secluded spot to set up a quick meth lab or do other criminal behavior. These types of individuals are likely to be carrying weapons should you come upon them.

I don’t think it’s rude or threatening to tell someone who is pointing a camera at a pot plant inside a fenced garden that they need to leave and don’t belong there.

I’ve known Veda all of his 21 years, and I know that he would never intentionally harm anyone who was not at that moment threatening his own life or that of a loved one. He is a very gentle and peaceful young man. I don’t agree that babysitting pot gardens is the best use of his time, but he is committed to living on the Swank family land, and I admire and respect him living his dream to live in this rural way.

Having a weapon in your vehicle in case the other person is a criminal is prudent in the very wild hills outside of Covelo.

The firefighter clearly admits that what happened is that he was told he was trespassing and that he saw a weapon in the car down at the floorboards of the car. I truly believe that this is a horrible abuse of government power to try to claim you were harassed or threatened. To be walking around in someone’s legal pot garden, however small and modest, in the Mendocino Hills, snapping pictures, is an abuse of your position as a Civil Servant.

Veda and the other members of the Swank family suffered significant losses due to thefts during the fires, as well as the tremendous sums defending himself against these unfair charges. I truly believe that Mendocino County residents’ tax dollars are much better spent prosecuting illegal growers, gang drug activities and violent crimes.

That being said, I want to thank all of the brave individuals who fought the fires this year.

Lisa Wrench, Covelo

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SUPERVISOR HAMBURG has filed a claim against the County of Mendocino. We know he’s poised to sue the county to compel the county to issue him a death certificate for his already interred wife, but a claim implies damages.

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LAST THURSDAY we posted the following items (being reposted here for convenience). We’re also posting the original story on the Elliot trial and the story about the attempt at a retrial because it has now been appealed on the ground PD Thompson made a trial error.

* * *

DEPARTMENT OF UNINTENTIONAL HUMOR (then again, maybe it wasn’t unintentional) in Tiffany Revelle’s lead story in Wednesday’s Ukiah Daily Journal “At issue: Did Mendocino County Public Defender Linda Thompson make a mistake?”

I’D SAY THE ODDS that Thompson made a mistake are about 99-1 she did, but if she did in this one it seems big-time moot anyway. It boils down to the length of a knife blade. Will Timothy Slade Elliott of Hopland, convicted in 2010 of second-degree murder for the 2008 stabbing death of Samuel Billy, 29, also of Hopland, get a new trial?

SHOULD THOMPSON have asked for “a hearing outside the jury’s presence to exclude the 1.65-inch knife a doctor testified could have been used to inflict the fatal, 6-inch stab wound in Billy’s abdomen.” The dispute is about the length of the knife blade; was the one Elliott allegedly used on Billy long enough to penetrate deep enough to kill Billy?

MS. REVELLE’S STORY has it this way: “‘At trial, I was asked for my opinion of fellow pathologist Dr. Terri Haddix’s conclusion that the knife in evidence could not, when fully inserted, inflict a six-inch deep wound,’ according to an April 7, 2012 declaration from Dr. Jason Trent, the pathologist who performed the autopsy on Billy. I testified to my belief that her conclusion was incorrect. My opinion was based, as I stated at trial, on the knife blade measuring between three to four inches long. Based on this information, I am not absolutely able to conclude whether this knife could have caused a six-inch deep wound. If I was told at trial that the knife blade was 1.65 inches long, I probably would have testified that this knife could not cause a six-inch deep wound. However, keep in mind that the victim is dressed, is overweight and the blade strikes no object other than soft tissue.”

THAT GRIM EPISODE occurred late at night on the Hopland rez, with the only eyewitness being a 9-year-old boy whose long distance view of the stabbing Thompson was unable to shake. A jury had no difficulty convicting Elliott whatever the length of the blade he used or didn’t use.

* * *

ON FRIDAY Ms. Revelle reported:

Public defender reacts to criticism in Hopland murder case

Mendocino County Public Defender Linda Thompson on Wednesday responded to claims that she erred in failing to exclude the alleged murder weapon in the 2010 trial of Timothy Slade Elliott for the stabbing death of Samuel Brandon Billy. “I still think he’s innocent,” Thompson said, amid her comments about the fact that the doctor who testified about the weapon at trial recanted his testimony a year ago. A jury in August 2010 convicted Elliott, now 40, of second-degree murder in the September 2008 stabbing of Samuel Brandon Billy, 29. The men, both Hopland residents, allegedly fought at a party on land belonging to the Hopland Band of Pomo Indians early on the morning of Sept. 26, the Mendocino County District Attorney’s Office stated previously. Elliott was reportedly seen delivering a blow to Billy’s abdomen, and Billy staggered a few feet and collapsed in the parking lot with a stab wound. Elliott may get a retrial if judge Ann Moorman rules in favor of the state appellate court’s petition, which claims that Thompson was ineffective counsel because, in part, she didn’t ask for a hearing outside the jury’s presence to exclude the 1.65-inch knife the prosecution’s medical expert testified could have been used to inflict the fatal, 6-inch deep stab wound in Billy’s abdomen. Dr. Jason Trent, the forensic pathologist on contract for Mendocino and Lake counties for the past 15 years, recanted the testimony he gave at trial that the knife in question could have been the murder weapon, according to a declaration he filed with the First District Appellate Court in April 2012. “I’m surprised that the ME (medical expert for the Mendocino County Sheriff’s Office) has decided to do that several months after the fact,” Thompson said. Trent claims in his declaration that he didn’t know during the trial that the knife was only 1.65 inches long, and that if he had known, “I probably would have testified that this knife could not cause a six-inch deep wound.” Trent’s original testimony disagreed with Dr. Terri Haddix’s conclusion that the knife in question could not have caused the fatal stab wound. Thompson said she put Haddix on the witness stand to testify that the knife was only 1.65 inches long, and contends that Trent had Haddix’s report and knew how long the knife was, “and still stuck to his guns.” She didn’t file a motion to exclude the knife because the dispute over whether the knife could have caused Billy’s stab wound was already on the record. “That would be a factual dispute — when one doctor says it could have inflicted the wound and one doctor says it couldn’t — that’s an issue for a jury,” Thompson said. She added, “I hope the county reconsiders Dr. Trent’s role as ME.”

* * *

BY WAY OF BACKGROUND, in September of 2010, the AVA’s crack court reporter covered the Elliott case in detail. So to help understand the issues involved we’re reprinting that story.

* * *

MOTION DENIED

The Good People And The Snow Bunnies Put Another Indian Away For Life

by Bruce McEwen

Timothy ‘Coke’ Elliott

Despite the fact that the prosecution didn’t have a very tight case against him, Timothy S.‘Coke’ Elliott was found guilty of Second Degree Murder last week at the end of a two-week trial that was attended throughout by many members of the Hopland band of Pomo Indians from the Hopland Rancheria. Samuel Billy, 29, was found lying with a knife wound in the early morning hours of September 26, 2008. Billy, who had been a basketball star at Ukiah High School ten years ago, died on the operating table in Santa Rosa later that day.

Tim Elliott is facing 16 years to life in prison.

The main witness in the case was just a seven year old kid at the time, and the presumed murder weapon, little more than a toy. Yet the jury came back with a guilty verdict last Friday after only two days of deliberation.

Elliott’s lawyer, Public Defender Linda Thompson, made a motion for acquittal early on for lack of evidence, and after all the evidence was in she made the motion again, but both times Judge Richard Henderson stamped it “Denied.”

Judge Henderson has long been considered a rubberstamp for the District Attorney’s Office. “Ricky Rubberstamp,” the local defense bar has labeled him.

The knife in question was less than two inches long, handle included, and the stab wound Sam Billy died from was over six inches deep. The crime scene had been “contaminated” by numerous people coming and going, and the investigation was stonewalled from the beginning by a close-knit community that doesn’t seem to have much faith in “white-man’s justice.”

The case was assigned to Detective Andrew Whittaker who said he was “met with a lot of resistance; people were being very uncooperative.”

Detective Whittaker eventually found the kid, Isaiah Valesquez, seven years old at the time, who said he saw the defendant, “Coke,” “punch” the victim, Sam Billy, at around 3:30am after or during an on-going party in the parking lot of an apartment complex at the end of Shanel Drive on the Hopland Rancheria. Apparently, it was Coke’s birthday party. Isaiah’s testimony was in last week’s report. He’s now a nine-year-old.

Since Isaiah testified, a recording of his interview with Detective Burns, who also worked on the investigation, was played for the jury. The recording was played as a defense exhibit because of some “inconsistencies” in the two year old recorded version and the testimony on the witness stand last week.

In the recording, the jury heard the highly keyed-up voice of a younger, more exuberant Isaiah Vasquez. He tells Detective Burns that he’s in Third Grade at the Hopland Elementary School and likes reading.

Burns: “What kind of books?”

Isaiah: “Chapter books. And Pokeman!”

Burns: “What kind of grades do you get?”

Isaiah: “Ummm… good. I get good grades in school. Very good grades.”

Burns: “Do they grade you with As and Bs or percents?”

Isaiah: “Percents!”

Burns: “So what grades did you get?”

Isaiah: “A hundred!”

Burns: “Good for you! I was here the other night” — several days had gone by since the night of the knifing, and a few more since Burns had first met Isaiah, but he knows why the detective has returned.

Isaiah: “Do you want me to tell the story?” he asks with impatient enthusiasm.

Burns: “Yeah, sure, if you can remember it.”

Isaiah: “I saw Coke and Sam outside talking, then Coke was punching Sam in the stomach and Sam was holding his stomach, then Sam fell down in the road. Then Coke ran to Jessica’s house.”

Burns: “So you were upstairs in your bedroom?”

Isaiah: “Yeah, uh-huh. I was watching a movie!”

Burns: “What movie?”

Isaiah: “It was the Snow Bunnies.”

Burns: “Do you know what time it was?”

Isaiah: “Oh, yeah. It was 11 o’clock.”

Burns: “How did you know it was 11?”

Isaiah: ‘Cause I saw it was 11 on the microwave.”

Burns: “Were there police and deputies there?”

Isaiah: “Yeah, there were police officers and deputies too.”

Burns: “Okay, here’s what we need to do, Isaiah. We have lots of time—”

Isaiah: “Could you wait while I use the bathroom? You make me kind of nervous.”

Isaiah’s siblings can be heard in the background of the recording and while he’s absent, his mother says something to the detective, but it was hard to hear just what she said. Something about his movie being too loud, perhaps. Shortly, he returns. A racer coming out of a pit-stop, hoping to make up lost time.

Burns: “So you were sleeping and then you woke up.”

Isaiah: “Yeah, I woke up and my movie was still on. Then my Mom and Dad woke up because I turned my movie up – wait! I got stuck – Where was I? And then – and then – there were lots of people out there. And then – then, someone threw someone against that car! My Mom and Dad were talking and I said, ‘That’s Sam out there!’ My Mom took a towel and a cup of water out there – then Sam’s brother was there and he said, ‘come back, you cowards’ – then he gave Sam CPR. Then lots of cops came, and firefighters. There were lots of people there.”

Burns: “Did you see all that from your bedroom?”

Isaiah: “Yep.”

Burns: “Let’s back up.” The voice of detective Burns sounds like he was choking on Isaiah’s dust as the kid raced to a conclusion. “Tell me again what it was you saw from your window.”

Isaiah: “But, well, then, Sam’s older brother, Derek—“

Burns: “You gotta pull your hand away from your mouth, ‘cause I can’t really hear you.” The detective is perhaps more concerned with the quality of the recording than his hearing.

Isaiah: “Then Coke said, ‘Look at your man, he’s fading.”

So far, this line and the part about seeing the punch to the stomach, were the only things the seven-year-old could agree to with the nine-year-old. But seven-year-old Isaiah adds this, with an air of candor in his sigh: “I couldn’t really hear what they were saying, ‘cause of my TV. But then Coke was moving up. Coke had on a white shirt. But Coke was drunk and Sam wasn’t. But then I saw Coke beat up some other guys.”

Burns was choking on more dust: “I can’t keep up with that,” he gasped.

But what’s worse, is nine-year-old Isaiah had said Sam was drunk.

Isaiah let up on the throttle, took a breath, shifted down and floored it: “Coke said, ‘Lookit, your boy’s fadin’ to Sam, but Sam… Then the good people went to check out Sam!”

One wonders, at this point, if the Good People are any kin to the Snow Bunnies. Isaiah is sniffling and coughing, occasionally, like maybe he has a cold, which would explain why he had his hand to his mouth earlier. His mother, perhaps interrupting to hand him a tissue, says, “Don’t get confused.” The victim was her “friend,” in Isaiah’s words.

Burns: “What happened next?”

Isaiah: “I think I just forgot,” he sniffed. “Sam wasn’t, uhh …? And Coke said, ‘I’m gonna take you down, dude. Then Derek thought Coke was going to do the uppercut to Derek but he did it to Sam. He did this” – there’s some rustling noise on the recording as if Isaiah were shadow-boxing – “and then he did that, then Derek was doing CPR to Sam like this, then like that (more rustling noises), but it wouldn’t work.”

Burns: “Did you see any weapons?”

Isaiah: “Nope. Nobody had any weapons,” he said with resolute authority.

Burns: “You did really good.”

At this point Dr. Trent, the County’s forensic medic who did the autopsy, came in. He was running late from the Crime Lab in Eureka and I had to catch the bus. On the ride home, out of idle curiosity, I glossed the word: Autopsy is Latin, meaning “see for yourself.”

Isaiah the younger had made a storyteller out of Isaiah the older, it seemed. The Defense had been given a copy of this two year old recording, so it’s easy to imagine how startled Linda Thompson was with the “inconsistencies.”

The defendant, Tim Elliott, sat with his immobile back to the gallery throughout, his head erect, his long braids behind his ears, except rising to stand in courtesy and dignity when the jury came and went.

When Ms. Thompson cross-examined Isaiah two weeks ago – before the jury had heard the recording – she may have sounded combative and insensitive. Little did the jury know at the time how glaring the inconsistencies were; but, no matter. The consensus around the courthouse is that once you attack a child, you’ve lost the jury’s sympathy. Attack is too strong a word, but, still, it seems Ms. Thompson pressed too hard. Especially, perhaps, for the eight women on the jury.

The prosecutor, perhaps significantly, was Deputy DA Rayburn Killion, known by all the women as the courthouse “The Hunk!” He’s a tall young man, superbly fit and rather stylish in his sharp pinstripes with a shaved dome and bristly goatee. Women – the ones who aren’t studiously consulting their cellphones in order to keep their eyes off him — stop in their tracks and catch their breath when he strides past.

Killion had another witness, a man whose reluctance to testify was in stark contrast to Isaiah’s eagerness. His name was Patrick Zaste, as near as I could tell, because his voice on the stand was low, a murmur at best, and though he was often asked to repeat himself for the court reporter who sat right next to him, his testimony was inaudible most of the time. He had come to the police, he said, four or five days afterward with some clothes he said the defendant had left at his house shortly after the killing.

Apparently, the defendant came to Zaste’s house at 5am or thereabouts. But – this is odd – Killion was asking about a date in October — ? — of that year, 2008.

Zaste: “Yes, at my residence.”

Killion: “How early?”

Zaste: “Five am. About five, I think.”

Killion: “What were you doing?”

Zaste: “Sleeping.”

Killion: “What woke you?”

Zaste: “Banging on the door.”

Killion: “Who was there?”

Zaste: “Priscilla Knight and Tim Elliott.”

Killion: “Did you let ’em in?”

Zaste: “No. But they pushed on the door and came on in.”

Killion: And after they came in, what did they do then?”

Zaste: They came into the living-room, ummm… and started to say someone’s after ‘em and [at this point the mumbling gets so bad the jury members complain they can’t hear; so I, many paces further away, could have it all wrong by now.

Killion: “What was Tim wearing?”

Zaste: “White shirt, dark pants.”

Killion: Then Tim went into the bathroom. How long was he in there?”

Zaste; “A short time.”

Killion: “Like five, 15 minutes?”

Zaste: “No, only three, maybe four.”

Killion: “Notice anything when he came out?”

Zaste: “Dirty laundry.”

Killion: “Whose?”

Zaste: “Mine.”

Killion: “When did you hear Sam Billy had died?”

Zaste: “Later that day?”

Killion: “Remember who told you?”

Zaste: “Nah.”

Killion: “Had you known him long?”

Zaste: “Since I was 14.”

Killion: “Had Tim been to your house before?”

Zaste: “Yeah. Once or twice.”

Killion: “How do you know Priscilla?”

Zaste: “We’re related. She’s my cousin.”

Killion: “Did they use your phone?”

Zaste mutters something and again the jurors complain that they can’t hear him.

Killion: “Did they leave?”

Zaste: “Yes. After about 20 minutes.”

Killion: “Find any clothes in your bathroom?”

Zaste: “Yes.”

Killion: “Anything else?”

Zaste: “A little pocket knife.”

Patrick Zaste said he put these things in his closet for a time and then moved them to the trunk of his car. It was unclear how much time had passed, but eventually he heard Tim Elliott had turned himself in.

Killiion: “Did you contact law enforcement?”

Zaste: “I believe so.”

Killion: “When?”

Zaste: “I don’t remember.”

Killion: “Why didn’t you come forward?”

Zaste: “I was scared for my family and stuff.”

Killion took the clothes out of an evidence bag and Patrick Zaste identified them. When Public Defender Thompson cross-examined Zaste he became even quieter. He sat silent, looking down at times, when asked a question; Thompson had to ask and re-ask her questions before she could get a muttering response.

Thompson: “He asked to use the phone. Did you hear him have a conversation?”

Zaste: “Na.”

Thompson: “The clothes he took from the bathroom, were they on the floor?”

Zaste, instead of answering, asked the judge if he could take a break. He left the courtroom and everyone waited for about ten minutes until he returned.

Thompson: “After Tim and Priscilla left you went into the bathroom. You saw a T-shirt and jeans on the floor. And the pocket knife was on top?”

Zaste: “Uhh, no.”

Thompson: “Where was it, then?”

Zaste: “On the clothes.”

Thompson: “How long before you put them in the bag?”

Zaste: “I don’t know.”

Thompson: “Did you touch the knife?”

Zaste: “I don’t remember.”

Thompson: “Okay. Once you packaged the clothes up, what did you do with them?”

Zaste: “Put ‘em in the closet.”

Thompson: “And how long were they in the closet?”

Zaste: “Don’t know.”

Thompson: “Well, you said you heard Sam died; was it after you heard that?”

Zaste muttered indistinctly.

Thompson: “Well, then, when did you put the clothes in the car?”

Zaste muttered something else.

Thompson: “And shortly after that you also heard that Mr. Elliott had been arrested, did you tell anyone that you had the clothes at that point?”

Zaste: “No.”

Thompson: “When did you ever tell anyone that you had the clothes?”

Zaste mutters. Judge Henderson didn’t seem to mind.

Thompson: “Did you call the sheriff’s office and tell them you had the clothes?”

Zaste: “No.”

Thompson: “In fact you were contacted by the Sheriff’s office in November, were you not?”

Zaste: “Can you say that again, I don’t understand.

Thompson: “Do you remember how long it was before the Sheriff’s office contacted you?”

Zaste: “No.”

Thompson: “When you went to the Sheriff’s office to talk to Detective Whitttaker, you still had the clothes in the trunk of the car?”

Zaste: “Yes.”

Thompson: “Were you being recorded?”

Zaste: “I saw the tape recorder.”

Thompson: “Did the detective ask you questions or just say, ‘tell me what you know’?”

Zaste: “What are you asking me?”

Thompson: “Did he ask you any questions about Timothy Elliott?”

Zaste: “Don’t remember.”

Thompson: “Priscilla Knight?”

Zaste: “Don’t remember.”

Thompson: “He didn’t ask if Tim and Priscilla had been to your house?”

Zaste: “Don’t remember.”

Thompson: “Did he ask if you had anything belonging to Tim Elliott?”

Zaste: “Don’t remember.”

Thompson: “Do you remember what you talked about?”

Zaste: “What I knew.”

Thompson: “Did you tell Detective Whittaker about what Elliott was wearing when he came to your house?”

Zaste: “”I don’t remember.”

The witness’s amnesia was getting to everyone, it seemed, and Judge Henderson called a break.

After the lunch break, the testimony, or lack thereof, resumed. The witness no more cooperative than before, and with the eyes of the tribal members on him, his nervousness increased his amnesia.

Thompson: “Now, you had the clothes in your trunk over a month. Did at anytime, during that time, did Priscilla come ask you for the clothes?”

Zaste: “No.”

Thompson: “Did they – either Tim or Priscilla – ask you to do anything with those clothes?”

“I don’t know.”

Thompson: “Did you ever tell Detective Whittaker you were willing to write a statement on a computer?”

Zaste: “Yeah.”

Thompson: “Did you.”

Zaste: “I don’t have a computer?”

Thompson: “You didn’t see the clothes Tim took from your bathroom floor again until yesterday – did you tell them yesterday they were your clothes?”

Zaste: “Uh, yeah.”

Thompson: “I have nothing further.”

Killion: “When you got shown the clothes yesterday, did Detective Whittaker say anything?”

Zaste: “Yeah, ‘take a look at these’.”

Killion: “Are you pretty nervous about testifying?”

Zaste: “Yes.”

Killion: “Why is that?”

Zaste: “My family’s well-being.”

Killion: “Are you doing something with your wrist?”

Zaste: “Yeah.”

Killion: “What is that?”

Zaste: “A rubber band.”

Killion: “Why is that?”

Zaste: “I’m nervous.”

Other potential witnesses were even more reluctant to testify than Mr. Zaste. Detective Whittaker said no one would talk to him but as he was walking around the parking lot he found a blood spot on the tailgate of a Ford Bronco. Looking inside he found a T-shirt with a knife cut and a bloodstain on it. The vehicle belonged to Richard Billy. Richard said the shirt probably belonged to his brother Derek Billy, who was called to the stand.

Killion held the shirt up and said, “Do you recognize this shirt?”

Derek Billy: “Yes, it’s mine.”

Killion: “See this hole?”

Billy: “Yes.”

Killion: “Know how it got there?”

Billy: “No, I don’t.”

Killion: “Do you remember having an interview with Detective Whittaker?”

Billy: “I don’t remember the date.”

Killion showed a picture of a stab wound in Derek Billy’s chest and asked if he remembered being stabbed. He didn’t remember. Did he remember putting the shirt in the Bronco, at all?

Billy: “No, I don’t.”

Killion: “You remember putting your shirt on Sam?”

Billy: “Yes, I do.”

Killiion: “Remember the police being there?”

Billy: “I do.”

Killion: “Remember talking to them?”

Billy: “No, but I remember they were there.”

Ms. Thompson cross-examined.

Thompson: “Did you and Sam go to a softball game that night?”

Billy: “I don’t remember.”

Thompson: “Do you recall when the game was over?”

Billy: “No, not really.”

Ms. Thompson asked more questions but Derek Billy couldn’t remember, he said. He then left the stand and the lawyers went into the judge’s chambers for a private confab. When the trial resumed, Ms. Thompson called a forensic pathologist to the stand, Dr. Terry Haddix.

Thompson put a picture of a small pocketknife, next to a ruler, on the screen. It was less than two inches long, handle included. She asked, “If that knife were used to stab a human body, how far would it go in?”

Dr. Haddix: “That depends on how much force was used. It could go in past the handle, but it would carry cloth into the would if it went past the blade, producing abrasions.”

Thompson: “Anything consistent with the wound and this knife?”

Haddix: “Yes, but my problem is with the depth of the wound which was 6.7 inches. You could have one shorter, but this one is too short to make up the five inches. A four-inch blade could possibly make up the difference, but this is just too short.”

Killion: “If this approximately two-inch blade were”—

Haddix: “I’m sorry, but this is not a two-inch blade. It’s less than one and not enough to make up the over six inches of the wound.”

Thompson: “Dr. Haddix, have you ever been called as a witness for the prosecution?”

Haddix: “Yes. Yes, better than 90% of the time.”

Thompson: “And how often have you found that the evidence did not cause the wound?”

Haddix: “I’ve been presented a number of cases and this is really exceptional.”

Thompson: “Nothing further.”

After the witness left and the jury was out of the room, Ms. Thompson again asked for an acquittal on the grounds that the evidence was insufficient and the testimony lacking in credibility. Judge Henderson said he’d take it under consideration, and recessed for lunch. After lunch, he said the motion was denied and gave the jury their instructions. Two days later at the end of the day on Friday they came back with the guilty verdict.

Timothy Elliott faces 16 years-to-life in prison for the conviction, which included the special allegation that he used a knife. He is due in court October 8 for sentencing.

* * *

IN JUNE OF 2011 “Coke” Elliott was back in court, this time with a new attorney, Jan Cole-Wilson of Ukiah, who argued that Elliott should get a new trial because his public defender, Ms. Thompson, had not represented Mr. Elliot adequately.

* * *

SHOULD TIM ‘COKE’ ELLIOTT GET A NEW TRIAL?

by Bruce McEwen

“I respect Ms. Thompson, but this is basic stuff, right out of criminal law procedure 101,” attorney Jan Cole-Wilson said. “Any lawyer should know this.”

Ms. Cole-Wilson, as she argued for a new trial for Elliott, was referring to Public Defender Thompson’s failure to make a pre-trial motion to suppress Elliot's criminal history.

It was only one of many mistakes Cole-Wilson said Thompson made in the jury trial that convicted Elliott of the Second Degree Murder of Sam Billy at the Hopland Rez last year.

Thompson had euphemized her screw-ups during the Elliott trial as “tactical decisions," part of her overall “defense strategy.”

But Thompson's failure to suppress Elliott's legal history was, Cole-Wilson declared, only one of Thompson's failures to provide Elliott with a competent defense. Worse, Cole-Wilson said, was Thompson’s failure to call a particular witness, Priscilla Knight, to contradict the damning testimony of Patrick Zaste.

Zaste had testified that Tim Elliott and his girlfriend Priscilla Knight had forced their way into his house the night of the killing where Elliott had gone into Zaste’s bathroom and changed into some of Zaste’s clothes, leaving his own clothes and a knife behind.

Zaste, it developed, was a good friend of the deceased.

This testimony seemed to mean that Elliott was dumping his clothes because they incriminated him, because of his “guilty conscience,” as the prosecution called the change even though there was no blood on the clothes tying Elliott to the killing, and the alleged murder weapon, a knife, was later convincingly shown not to be the knife that dispatched Sam Billy.

Priscilla Knight told Linda Thompson that the first she heard of this supposed visit to the Zaste house was when she heard it in court from Patrick Zaste on the stand.

But Thompson didn’t call Ms. Knight to testify.

Why?

Strategy, you see.

There were other problems with the story about the clothes, Ms. Cole-Wilson said.

“Mr. Zaste hadn’t gone to the police with the clothes for four months after the fact, and then — only after the police were contacted by Diane Billy. How would she have known he had that stuff? And then there was the way he [Zaste] was acting when he talked to the police. He was nervous, kept pulling at a rubber band on his wrist. When the officer asked about his nervous behavior, he said he was scared for his family. But nobody ever contacted him about this stuff, or threatened him or his family.”

(I should say here that I’ve twice been menaced by rez thugs from Hopland who have felt free to threaten me in the Courthouse halls without bothering to tell me what they’re unhappy about. I can understand the fear of people who have to live in the same neighborhood with these characters.)

Cole-Wilson pointed out that Mr. Zaste was a good friend of the victim, Sam Billy, and it made no sense that Elliott, Billy’s alleged killer, would go to Zaste’s house to drop off the clothes he’d worn and the knife he’d used to commit a murder.

“That is just totally incredible,” Cole-Wilson said.

What’s more incredible is Ms. Knight, who was with Elliott, wasn’t called to contradict the story, giving the jury no reason to doubt Zaste’s testimony.

“The fact that Patrick Zaste’s testimony,” Cole-Wilson continued, “went unchallenged, un-contradicted by Priscilla Knight who told Ms. Thompson ‘we never went there’ — Ms. Thompson didn’t even bring it up in her closing argument. Maybe she felt the case was going so well she didn’t need it. But that one omission added so much to the ‘guilty conscience’ argument made by prosecution that that alone is enough to grant the motion for a new trial.”

But there was more — lots more.

Another witness, Leanna Valesquez, was allowed to repeat some highly incriminating third-hand hearsay in front of the jury “which was completely inadmissible,” Cole-Wilson said, “and all Ms. Thompson would have had to do was ask for a sidebar to get it stopped.”

A sidebar is a brief meeting with judge where the jury can’t hear what’s being said about the legality of admitting evidence and testimony. But Thompson did not object to the incriminating testimony, vague as it was.

Ms. Valesquez had said that Derek Elliott told her that Sam Billy had told him it was Coke [the defendant] who had stabbed him. Derek Elliott didn’t say any of this when he testified — he hardly said anything.

“There should have been some clarification. Ms. Thompson should have asked to approach the bench. That is the prudent thing to do, and it is not that uncommon.”

So now we had Ms. Valesquez’s third hand hearsay blurted out in open court as if it were perfectly credible when it should have been perfectly inadmissible.

“Yes, Ms. Thompson did object,” Cole-Wilson admitted. “The objection was sustained, the statement stricken from the record and the jury admonished to dis­regard it. But you can’t un-ring the bell and that, your honor, was strong frigging stuff. Some things can’t come un-stuck, and this was one of them. And it all could have been avoided by Ms. Thompson. As I’ve said before, I respect Ms. Thompson. But when we make tactical mistakes we get to go home. Our clients do not.”

Ms. Cole-Wilson also went over the testimony of the witnesses: Isaiah Valesquez, a seven-year-old boy, who couldn’t remember much of what happened that night; David Primo, an ex-con from Oklahoma who testified only to avoid being extradited to face outstanding war­rants back home; and Bettina Torres, a friend of the vic­tim.

None of these witnesses, except the boy, claimed to have seen Coke Elliott attack Sam Billy, and many peo­ple were amazed that the jury had taken the word of such a young witness.

It was Ms. Cole-Wilson’s point that eyewitness testimony must be corroborated by forensic evidence, which wasn’t done in this case. She pointed out numerous cases where eyewitnesses had fingered somebody for a crime and DNA or other evidence had proved eyewitnesses wrong.

“A defendant is mandated to have a fair trial by competent counsel, so when you have this testimony by these witnesses and it is not corroborated by forensic evidence and then you put in the errors made by counsel, prejudicial mistakes, the only conclusion is that my client was not given the trial he was entitled to.”

Deputy DA Rayburn Killion quietly said that there was sufficient credible evidence to convict Elliot.

“It was what it was,” Killion said flatly. “It would be nice if this were like CSI on TV and the forensic evidence was more conclusive. But we had the testimony from Isaiah Valesquez [the child]. The court talked to him beforehand and found him competent to testify. He didn’t try to exaggerate, he stayed with what he saw. He said he saw Coke punch Sam Billy and then run off. I’ll admit that David Primo is an unsavory character, but all we told him is that we wouldn’t send him back to Oklahoma; he’s still facing those warrants there. The implication from defense is that all these people had lied. But there’s no reason David Primo had to lie. Sure, Sam Billy was his cousin, but why would he pick this defendant? Bettina Torres testified that she came out later when Sam Billy was already on the ground. Patrick Zaste said his testimony was extremely reluctant. He didn’t come forward, but was contacted by the police. The other point is that, why would he make up such a story about Coke Elliott coming in and taking his clothes? I’m not going to make a lot of hash about the knife. It wasn’t really the People’s contention that that was the murder weapon anyway. Like I said, there was no reason for Patrick Zaste to make up that story. It’s too far-fetched to even make something like that up. As far as the part about Linda Thompson’s representation, she was pretty clear on the stand: It was a tactical and strategic decision not to call Priscilla Knight. As far as the mention by Deputy Goss that the defendant was on parole – it was just a quick mention that that was how they got his address. It was never a ‘propensity argument’ as defense suggests; we were never arguing that because he’d been to prison he had the propensity to commit the crime. There’s the argument that prejudicial evidence shouldn’t come into a trial, but the only question is if that out­weighs its probative value. You have to look at what was made of it; it came out real quick, and it wasn’t emphasized.”

Deputy DA Killion looked at his notes. Even though he had said he wouldn’t “make any hash” over the knife, he proceeded to do so. The knife found with Elliott’s clothes was only one and a half inches, whereas the wounds in the victim were five and a half to six inches deep.

Killion said, “The defense expert at the trial, Dr. Haddix, was convinced that it would be impossible for that knife to make the fatal wounds. She was pretty much stuck on her own opinion, which is kind of silly. Given enough force anything can go that deep.”

Killion pointed out that his own expert, Dr. Trent, had a different opinion, that the knife could indeed have been the murder weapon.

“Leanna Valesquez’s testimony,” Killion said, “about what Sam Billy may have said to Derek Elliott while he was on the ground was a surprise to me as well. There’s times in a trial when we’re all surprised. But it was stricken, and the court admonished the jury that they were to disregard the statement. As far Derek Elliott’s testimony, he hardly said anything on the stand.”

Killion summed up by asserting, “Taken as a whole, I think the evidence is sufficient to find that Timothy Elliott did kill Sam Billy.”

Ms. Cole-Wilson wasn’t finished. She pointed out that the only bit of forensic evidence that was found, a spot of blood on Elliot’s shirt, excluded her client as the perpetrator. Moreover, she said, “When Isaiah said he saw the two men, the person he said was Coke would have had his back to him — to Isaiah. Isaiah didn’t know my client very well at the time, and when this person ran, Isaiah would have only seen him in profile, in a matter of seconds.”

The boy had been looking out his second story window when the late night stabbing occurred.

Cole-Wilson addressed the other points Killion had raised. “I did not claim the witnesses were all liars. I was talking about what was credible and what should have been presented. That’s why Priscilla Knight’s testimony would have been so crucial, along with the lack of forensic evidence. I said that Leanna Valesquez’s testimony was inadmissible, and Deputy Goss’s statement about my client being on parole should have been inadmissible, and it highly affects the outcome, especially in light of the fact that David Primo had said my client had just got out of prison. Everyone wants to minimize what Goss said, but taken together, these two statements solidify in the jury’s mind that my client had the propensity to commit this crime.

“The trial court,” she concluded, “is not to sustain the jury’s decision, but to independently review the trial and see whether mistakes were made.” She quoted some case law on tactical and strategic decisions before asserting, “No reasonable person would have made a tactical or strategic decision not to call Priscilla Knight. And I would ask the court to find that my client is entitled to a new trial.”

Judge Richard Henderson considered the presentation and said, “I’ll go back and review the entire trial and I’ll submit a written decision. And I’ll try to get it out as quickly as I can.”

A lawyer loitering nearby noted that no Superior Court in California has ever granted a new trial.

* * *

HENDERSON SUBSEQUENTLY denied the new trial application and the Elliott case went into the appeal process which prompted the recent coverage by Ms. Revelle which coyly began, “At issue: Did Mendocino County Public Defender Linda Thompson make a mistake?” In fact, she made many of them in the Elliott case alone. Dr. Trent made a couple of his own, too.

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ACCORDING TO AN ALARMING REPORT on a website called:

http://topinfopost.com/2013/05/28/russia-warns-obama-monsanto

Obama has licensed Monsanto to kill most of the world’s bee population and Russian President Vladimir Putin is stinging mad about it. So is the European Union which has banned the Monsanto (and other similar) pesticide because they’re convinced that neonicontinoid pesticides are killing the birds and the bees — and perhaps life itself if food supplies decline as a result. Putin even thinks there could be a world war over food if it gets really bad.

========================================================

STOCKTON’S MATTHEW DAVIES — an entrepreneur and father of two in his 30s — has agreed to a plea bargain that will allow him to serve five years in federal prison for operating medical marijuana facilities.

Davies & Family

This is a horrible waste of human capital and taxpayer funds. I know. Davies should have known that when he opened his dispensaries that the businesses were in violation of federal law. But as I wrote in January, Davies’ biggest mistake was believing Obama — and not understanding the Obama Department of Justice’s mixed message on medical marijuana enforcement.

Like a lot of Californians, Stockton businessman Matt Davies, 34, expected that when Barack Obama was elected in 2008, the new administration would not prosecute medical marijuana dispensaries operating under a law passed by California voters in 1996. After all, as a candidate, Obama contended that he saw federal enforcement against medical marijuana as a waste of resources.

On Oct. 19, 2009, Deputy Attorney General David Ogden released a memo that instructed the Department of Justice not to focus federal resources “on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” Davies took that memo as a green light to join the “green rush” and use his MBA expertise to run a taxpaying enterprise to distribute what he refers to as “medicine” to sick people.

Now that he faces a minimum sentence of seven years in prison if he pleads guilty, the father of two understands that he should have read the memo more carefully. “Looking back and reading that now, you can drive a Mack truck through that,” Davies told me in a meeting with his wife Molly and attorney Steven Ragland. In fact, the Ogden memo clearly stated that Obama’s Department of Justice would consider “prosecution of significant traffickers of illegal drugs, including marijuana” to be a “core priority.”

Ah, but the heart wants what the heart wants. Davies says his grandfather died a painful death from stomach cancer. He wanted to help others avoid excruciating pain.

But he also had seen people run dispensaries the wrong way – for example, not paying their fair share of taxes – and he thought his experience running a bistro and property-management firm would enable him to show how medical marijuana dispensing could be done right. It clicked. “It was that whole Silicon Valley culture,” he recalled. His workers felt they were “part of something.”

Unsympathetic readers are free to point out that Davies flouted federal law and he only has himself to blame. OK. Still, Davies started businesses that complied with California law, he paid taxes, he hired people and now he’s going to prison for five years. He’s going to prison for five years — that’s five years of existence subsidized by taxpayers, five years when he won’t see his wife and daughters, five years when he won’t be hiring workers and five years when he won’t be paying taxes. Everyone loses. (Deborah J. Saunders. Courtesy, the San Francisco Chronicle)

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Burdek

IT COULD HAPPEN HERE! An Oregon man has been arrested after he tried to blow up a sign outside a state building in Oregon because it was spelled wrong. Leonard Burdek, 50, of Salem, walked into the Teacher Standards and Practices Commission office on Wednesday with a pressure cooker and announced he had failed to blow the irksome billboard. The sign near the parking lot spells out the agency’s name in blue letters, but there was a “d” missing from the word “and” so that it reads: “Teacher Standards an Practices Commission.” Burdek put the pressure cooker, which had wires sticking out of it, on the counter of the reception when he entered the building around 9am. He told the receptionist and Executive Director Vickie Chamberlain that he had intended to blow up the sign with his homemade bomb, but that it had not worked. He added that the instructions he had downloaded to make the device had also been littered with wrong spellings. He told the staff at the center — where people fill out their licenses to become teachers — that they should be concerned with the level of education children were receiving. When Burdek saw Chamberlain motioning with another member of staff to call police, he left with the pressure bomb. After he left, the staff immediately locked the doors of the building. About an hour later, staff later spotted him in his car and called authorities again. He was charged with disorderly conduct. Lt. Dave Okada said the pressure cooker did not turn out to be a bomb and said that it appeared the man was just trying to get attention. Homemade pressure cooker bombs were used in the Boston Marathon bombings on April 15, killing three people and injuring more than 200 others. But Chamberlain said she was too focused on potential immediate danger to make the connection. “It’s kind of like a car wreck where it’s happening to you but you aren’t processing it,” she said. “I think it’s one of the scariest things that we’ve had happen here.”

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NOTE TO JOHN KERRY

GET ISRAELI PEACE LEADERS BEFORE CONGRESS

By Ralph Nader

The new Secretary of State John Kerry taking four trips to the Israeli/Palestinian region in the past two months means yet another U.S. effort for a negotiated peace process between the Palestinians (under ruthless occupation) and the very dominant Israelis. Why should the prospects be any better than the failed attempts by the esteemed former Senator George Mitchell, and his predecessors?

As senator with a “grade A” from the powerful pro-Israeli government lobby AIPAC, Secretary Kerry has forged a coalition of Israeli and Palestinian businessmen behind a $4 billion economic assistance plan for the West Bank and Gaza. He is also tapping into the significant Israeli public opinion behind a two-state solution.

Israeli Prime Minister Benjamin Netanyahu is outwardly going through the motions of supporting peace negotiations but demands preconditions and no cessation of expanding Israeli colonies in Palestine. Netanyahu knows how to play the U.S. government like a harp. He talks about negotiations for peace, but remains intransigent.

Back in 1996, he told an applauding joint session of Congress that Israel’s mature economy would no longer need U.S. foreign aid. Today, Israel is a prosperous, bigger economy but is still receiving U.S. foreign aid.

Kerry’s trump card is recognizing the long neglected specific peace offer by the 22-member Arab league in 2002. These Arab countries have renewed and updated their proposal to make it easier for Israel to accept. It includes a comprehensive peace treaty with all Arab nations and Israeli recognition of a Palestinian state within the 1967 borders, with minor land swaps. Netanyahu has given this offer the back of his hand despite its highly-publicized reiteration in the ensuing years. But this year, Israeli President (an honorific post) Shimon Peres highlighted the verbal Israeli government endorsement of a two-state solution and urged that “a broad structure of support be created for making progress.”

The problem is that almost nobody in Israel – hawks, peace advocates, or those in the middle – believes anything will come out of Kerry’s shuttle diplomacy.

Here are some reasons why. There is no pressure on Netanyahu’s governing coalition to wage peace. As Ethan Bronner, long-time The New York Times reporter in Israel, wrote this past Sunday: “Israel has never been richer, safer, more culturally productive or dynamic.” He might have added that, with huge natural gas finds offshore, Israel is about to be both self-sufficient in fossil fuels and a net exporter.

Nor is there any pressure that Netanyahu recognizes from the Palestinian/Arab side. Palestinians are continually subjugated, impoverished, divided internally and on the losing end of the casualty toll by a ratio exceeding 400 to 1. Israel can strike targets in Palestine at will.

Arab nations are internally preoccupied with civil wars, sectarian conflicts and, except for the Gulf countries, weak economies. Israel, with the most modern military, heavily furnished by the United States, and scores of ready nuclear bombs, stands astride the Middle East as a giant colossus.

The main reality in Israeli domestic politics is that, if it weren’t for external threats, however exaggerated, the Israeli government and society would have to face very deep divisions inside Israel between secular and ultraorthodox populations. From expanding the colonies in Palestine to strict religious rituals and social mores, exemptions from military service, the place of women, and the treatment of the Israeli Arabs, there are two Israels that are ready to erupt were peace to break out with Palestine and Arab neighbors. (See http://www.seruv.org.il/english/combatants_letter.asp.)

Faced with this harrowing prospect of domestic civil strife, Netanyahu’s government feels no urgency for peace, according to Bronner. The regional status quo is under control of its iron fist.

Many out-of-power Israeli politicians, such as former Prime Minister Ehud Olmert, and former Deputy Prime Minister Dan Meridor, have all argued for vigorously pursuing a two-state solution to head off Israel becoming a state that, in a few decades, contains more Palestinians than Israelis. The militarists, however, are the ones running the government.

Moreover, Kerry cannot expect any pressure from Washington on the Israeli government, because Washington, especially Congress, always goes along with the Israeli government, to such a degree that it astonishes opposition parties in the Israeli Knesset.

Make no mistake about Netanyahu. He is and has long been a vintage extreme hardliner against any Palestinian sovereignty. In 1989, after the Tiananmen Square massacre in China, Netanyahu, then Israeli Deputy Foreign Minister, told students at Bar Ilan University that: “Israel should have exploited the repression of the demonstrations in China, when world attention focused on that country, to carry out mass expulsions among the Arabs of the territories.”

Eviction and the expropriation of what is left of the original Palestine has long been the dogma of Israeli militarists and leaders of the expansionist Likud Party, including Ariel Sharon.

The award-winning Israeli documentary “The Gatekeepers” (http://www.thegatekeepersfilm.com/) presents six retired leaders of the Shin Bit – the Israeli FBI – speaking with remarkable candor about how rational actions, including those toward peace, were continually overruled by politicians who exploited the Israeli-Arab conflict for their own domestic advantage.

So, what is our Secretary of State to do? Kerry should propose that these men and other prominent retired outspoken leaders from the military, security, and elected political leaders, together with well-known writers and scholars testify at length before the U.S. House and Senate. AIPAC cannot stop them from testifying. Congress and the American people will be given an opportunity to hear these experienced, persuasive voices for a peace settlement.

After all, peace in the Middle East is more in the U.S. national interest and security than ever before. Americans are paying too hefty a human and financial price to allow a muzzled Congress to stay on bended knee, supporting whatever the Israeli government wants.

Such a breakthrough on Capitol Hill will also enhance the Israeli peace and human rights movement which reflects the moral dimension for ending the occupation/colonization of Palestine.

In a recent pamphlet by Americans for Peace Now and its counterpart in Israel, Rabbi Michael Melchior, a former Israel deputy foreign minister and member of the Knesset, declared that “to occupy and control the lives of millions of Palestinians living in Judea and Samaria, and to negate their right to create their own state and future in peace, side by side with the State of Israel is not just, is not moral, and is not Judaism.” (See www.peacenow.org.)

In May 2004 Senator Kerry told me “I have many friends in the Israeli peace movement.” It is time for him to begin the mission for peace in his old haunt the U.S. Congress, without which he will share the decades-long failure of those who came before him in both Republican and Democratic Administrations.

(Ralph Nader is a consumer advocate, lawyer and author of Only the Super-Rich Can Save Us! He is a contributor to Hopeless: Barack Obama and the Politics of Illusion, published by AK Press. Hopeless is also available in a Kindle edition.)

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SUMMERTIME And The Art-Making Is Easy At The C.V.Starr Center! Announcing 1st Summer Edition Of Starr’s Open Art Studio Sign-Up: Beginning Monday, June 10, at C.V. Starr Center, 300 So. Lincoln at Maple, Fort Bragg for Starr’s Open Art Studio, Summer Edition #1 (of 2) Please sign up as soon as you can on June 10, or soon after, as our classroom has limited space for 12. Sign-up as an early bird and get in! Class Dates, Meetings, and Time: This class begins Monday, June 17, meets on Mondays and Wednesdays only, from 1:30PM to 3:30PM, and ends on Wednesday July 10. Instructor/Guide: Linn Bottorf, BFA, MFA, Cost : $50 Ages: 18 and up. Start enjoying your Summertime fun by joining a super group of artists, from beginners to vets, making unique and fascinating new artworks. Ours is a serious but fun bunch who share ideas, concepts, imagination, and visions together with all types of art. No experience is necessary, and we encourage fun! You’ll make new friends, develop new ideas, and new worlds will open up for you! Each student will get individual attention and encouragement. I guide each person one-to-one and let them guide me to themselves and their artwork. We all enjoy this type of learning and doing. Bring a large bag with your art supplies to class each day, and any materials with which you like to work. About Linn Bottorf: An Instructor at College of the Redwoods from 1985 to 1996, Linn also taught in the Chicago area and has studied with Stan Brakhage (film), Fairfield Porter, Nathan Oliveira, and David Hockney (all are artists of note), taught art history, and taken CR students on field trips down to the great art museums of San Francisco. Linn was also Exhibits Director at Fort Bragg Center of the Arts (upstairs at The Company Store [Daly's]) from 1991 to 1996, and also taught 2 sections of Art Appreciation for Honors Students [getting college credits] at Fort Bragg High School in 1996. “Linn Bottorf offered me what, as a student, one most wants – intelligent, cogent, and entirely engaging new fresh eyes to see the world as an infinitely changing one where I could capture the world in infinite ways, thanks to his skills, so wonderful to impart and share with his students. Teachers like this one are rare and few. This man is a teacher.” — Barbara Nerney. For More Information: Call Linn at 964-0511 before 7PM, or call CV Starr Center at 964-9446, or e-mail linn@mcn.org

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RABIES VACCINE CLINIC AND ONE DAY DOG LICENSE AMNESTY — On Saturday June 15 Mendocino County Animal Care Services, a program under Health and Human Services Agency, will hold a one-day Dog License Amnesty Program in conjunction with a low-cost rabies vaccine clinic at the Ukiah Shelter at 298 Plant Road. This “one-stop shopping” opportunity will allow County residents to bring their dog license up to date and, if necessary, have their dog vaccinated against the rabies virus. All dogs over 4 months of age are required by Mendocino County law to have a current rabies vaccine and have a dog license. All penalties for expired licenses will be waived if the animal is registered on June 15. Unfortunately, dog owners who have received a citation from Animal Control for failure to have a current license will not be eligible to participate in the Amnesty Program. License fees are $25 for altered dogs and $55 for un-altered dogs. Cats are not required to have licenses but a rabies vaccine is strongly recommended. Cats must come to the vaccine clinic in a secure cat carrier and dogs must be on leash. The low-cost rabies vaccine will be offered for dogs or cats on Saturday, June 15, from 10:00 a.m. until 2:00 p.m. The cost of the rabies vaccine will be $6.00. Low-cost micro-chipping will also be available during this time for just $10. This service, which includes registration of the chip, can be a vital tool in helping a lost pet get home. For questions please call the Ukiah Shelter at 463-4427.

GRATIFYING to see Point Arena squeeze by visiting powerhouse Ferndale in a North Coast Section playoff game at Point Arena two Saturdays ago. Justin Sundstrom slid across home plate with the winning run for a dramatic 10th inning victory for PA, 4-3. Point Arena then played Tomales for the regional small school championship but fell to their Marin County hosts, 5-3. Point Arena is coached by Trevor Sanders.

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RAN INTO an old gyppo logger the other day who had a few things to say about the Mendocino Redwood Company. MRC now owns what used to be L-P’s vast Mendocino holdings. “G-P was a lot harder on the land than L-P,” the logger commented, “and MRC’s Habitat Conservation Plan they just got for 80 years is way too long.  But there’s not enough inventory information in an HCP to seriously review so they can cut at whatever rate they want, and they will to get their money back from their investment.”

MENDOCINO REDWOOD is owned by the Fisher family of San Francisco where various of them are often found on the society pages. The Fishers also own The Gap clothing chain.

“PEOPLE are being bamboozled by MRC’s public relations. MRC is very good at PR, with lots of nice words about sustainability and habitat, but on individual THPs, they’re cutting more percentagewise than L-P did, which was under stricter CDF review back then,” he said. “MRC controls the mills and thereby the price they pay and thereby the timber yield tax which has not increased much because the tax is based on the (lower) price at the mill. Also, MRC pays on net; whereas L-P paid on ‘adjusted gross,’ which means more trees are cut but fewer are counted as millable after deducting for flaws, fire damage and breakage. There’s less forestland available to cut now because of set-asides, setbacks and formerly blitzed areas. But on the areas they do cut, they’re hitting them very hard. Certification is a joke. The Fisher family has connections with the certification outfits from their National Resources Defense Council days.” (As Will Parrish has also pointed out.)

THE LOGGER added, “CDF is understaffed and is doing fairly light review both before and after Mendocino Redwood’s THPs (timber harvest plans) because they believe the hype and they are focusing more on smaller landowner THPs. MRC (and their sister company HRC in Humboldt County) controls most of the major milling capacity on the north coast and they can set their own prices and acceptability standards.”

MRC OWNS 229,000 Mendo acres. They certainly are good at public relations. The company invites interested persons onto any area of their holdings for a first-hand look. Our overall impression is that they are backing up their pr with sound practices on the ground, but an operation as large as MRC is bound to be under-regulated, and government agencies anymore are much more likely to back off the big guys while holding the little guys to strict account.

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LATELY, even our first class mail is taking three days to get from Boonville to Frisco. Most weeks, the AVAs dispatched Wednesdays in Boonville get to San Francisco the following Monday or Tuesday. The rest of the country? Like, whenever dude, maybe a week, maybe a month. No, I don’t think we’re being singled out for deficient service. It’s both a sign of the times — mass, relentless incompetence at all levels of American life — and the deliberate strangulation of all government services by elected loons who don’t think the government should do anything for anybody, including mail delivery. The same government gets a blank check for knocking off Arabs, however, and whoever else gets in the way of corporate imperialism.

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THE PRESS DEMOCRAT announced Saturday that they’d “won a dozen awards, including five first-place plaques, in an annual journalism contest held Saturday in Foster City by the San Francisco Peninsula Press Club.”

THE NARCOLEPTIC DAILY reported in April they’d won ten awards, one of them for “general excellence,” from the California Newspaper Publisher’s Association.

THAT’S TWO MONTHS in a row their Santa Rosa excellencies have returned to the Rose City with a trunkload of journalo trophies. Over the years, the paper has amassed thousands of plaques and recycled golf trophies re-inscribed “Press Democrat.” Where do they put them all?

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Villagomez

LUHE ‘OTTER’ VILLAGOMEZ, 19, of Ukiah and Windsor, famously survived a 2011 leap off the Golden Gate Bridge with minor injuries. Now a student at Santa Rosa JC, last week Villagomez was interview by college classmates: “I was on a field trip with my class. We were going to walk across the bridge as a kind of end of year thing. When we got to the beginning of the bridge it was like, you know what, that would be cool to jump off the bridge. I used to jump off bridges every day of the summer when I lived in Folsom. At the little rest stop I talked to my friend. I think I’m going to jump off the bridge. I’m like, alright, here. Hold my stuff. Climbing on the rail they’re like freaking out, grabbing me but not really. I climb down onto this I-beam, standing there holding onto the cable, looking back and it’s like, ‘Just go for it.’ Once I started going over the railing, it was like, ‘Alright, yeah, I’ve got this.’ It definitely (felt) like forever, even though it was like 6 or 7 seconds. You jump and are just floating there for a second looking at the horizon. Halfway down you just start going way faster. It wasn’t painful, like getting hit by a truck, but it didn’t hurt.”

FRED LE COUTURIUER, 55, to the rescue. He was surfing under the Bridge when he saw Villagomez jump.

VILLAGOMEZ: “The dude pulled up cussing at me. ‘Why the hell did you do that?’ ‘Just for kicks,’ (I said), trying to like keep afloat.”

Interviewer: “Would you have made it if the surfer wasn’t there?”

Villagomez: “No, probably not. They say the surfer saved me, but really I was like, on there. He told me to climb up, and I’ve always wanted to surf so I was like trying to catch the wave. I don’t know what I was thinking. He’s like, ‘What are you doing?’ Then he starts taking off my shoes and lets them float away. ‘Alright, get off, swim to the left,’ he said. I get tired, don’t think I can make it. ‘Swim to the left,’ he says, so I go to my backstroke. Then I’m being lifted up into the ambulance. I got a broken tailbone. They say I got a punctured lung, but I didn’t really feel that. It cleared up in like two days.”

Interviewer: “Did you have high medical bills? What were the consequences through the school?”

Villagomez: “Definitely lots of zeros, and just a five-day suspension. I don’t think they even have anything in the books for that, except disobeying, not being with the group.”

Interviewer: “What would you say to others?”

Villagomez: “Naw, Don’t even try it. If they asked me and then they got hurt, I would feel like I was responsible.”

VILLAGOMEZ MAY HAVE BEEN SAVED by a series of coincidences that weakened his impact, according to physics professor James Kakalios of the Univ. of Minnesota. Professor Kakalios calculated that the teenager would have been travelling at 80mph when he hit the water. However, air resistance could have cut that to 40 or 50mph. The boy was described by the surfer who rescued him a being “built like a wrester,” which would help increase air resistance, Professor Kakalios added, especially if he had managed to twist his body in the air. “Instead of falling feet first, you rotate your body by 90 degrees so you’re prone to the water,” he said. “Then, at the last minute, you want to rotate yourself back up so you slice the water, lessening its resistance.” Reports of strong winds and San Francisco’s famous fog could also have slowed his descent by creating more resistance. And the presence of a surfer suggests that the water was choppy and so less solid, another lucky factor.

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MENDOCINO SPRING POETRY CELEBRATION

“Whitman said, “To have great poetry, there must be great audiences.”

All friends of the lively word are invited to the Mendocino Spring Poetry Celebration at the Hill House in Mendocino, Sunday, June 9.

There will be two open readings. Sign up at noon for the reading at 1:00 PM. Sign up at 6:00 for the reading at 7:00 PM. Prepare four minutes for each round—of your own work, or of others.

Refreshments and fellowship, open book displays. Contributions requested. Music: Richard Cooper, bass.

This will be the 38th Anniversary celebration of Spring marathon readings here, and the eight consecutive revival. The event attracts the best work from the north counties and beyond, typically with forty and more poets and writers. It’s also an encouraging opportunity for new voices.

All poems read at the Spring celebration will be considered by Dan Roberts for broadcast on KZYX&Z.

For information contact Gordon Black at (707) 937-4107 or gblack@mcn.org.

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HOUSE PANEL: REPORT FINDS $50 Million FOR IRS CONFERENCES

By Alan Fram

A government watchdog has found that the Internal Revenue Service spent about $50 million to hold at least 220 conferences for employees between 2010 and 2012, a House committee said Sunday.

The chairman of that committee, Rep. Darrell Issa, R-Calif., also released excerpts of congressional investigators’ interviews with employees of the IRS office in Cincinnati. Issa said the interviews indicated the employees were directed by Washington to subject tea party and other conservative groups seeking tax-exempt status to tough scrutiny.

The excerpts provided no direct evidence that Washington had ordered that screening. The top Democrat on that panel, Rep. Elijah Cummings of Maryland, said none of the employees interviewed have so far identified any IRS officials in Washington as ordering that targeting.

The conference spending included $4 million for an August 2010 gathering in Anaheim, Calif., for which the agency did not negotiate lower room rates, even though that is standard government practice, according to a statement by the House Oversight and Government Reform Committee.

Instead, some of the 2,600 attendees received benefits, including baseball tickets and stays in presidential suites that normally cost $1,500 to $3,500 per night. In addition, 15 outside speakers were paid a total of $135,000 in fees, with one paid $17,000 to talk about “leadership through art,” the House committee said.

The report by the Treasury Department’s inspector general, set to be released Tuesday, comes as the IRS already is facing bipartisan criticism after agency officials disclosed they had targeted tea party and other conservative groups.

Agency officials and the Obama administration have said that treatment was inappropriate, but the political tempest is showing no signs of ebbing and has put the White House on the defensive.

Three congressional committees are investigating, a Justice Department criminal investigation is under way, President Barack Obama has replaced the IRS’ acting commissioner and two other top officials have stepped aside.

The Treasury Department released a statement Sunday saying the administration “has already taken aggressive and dramatic action to reduce conference spending.”

IRS spokeswoman Michelle Eldridge said Sunday that spending on large agency conferences with 50 or more participants fell from $37.6 million in the 2010 budget year to $4.9 million in 2012. The government’s fiscal year begins Oct. 1 the previous calendar year.

On Friday, the new acting commissioner, Danny Werfel, released a statement on the forthcoming report criticizing the Anaheim meeting.

“This conference is an unfortunate vestige from a prior era,” Werfel said. “While there were legitimate reasons for holding the meeting, many of the expenses associated with it were inappropriate and should not have occurred.”

Issa’s committee also released excerpts from interviews congressional investigators conducted last week with two IRS employees from the agency’s Cincinnati office. The excerpts omitted the names of those interviewed and provided no specifics about individuals in Washington who may have been involved.

One of the IRS employees said in an excerpt that they were told by a supervisor that the need to collect the reports came from Washington, and said that in early 2010 the Cincinnati office had sent copies of seven of the cases to Washington.

The other said “all my direction” came from an official the transcript said was in Washington.

One of the workers also expressed skepticism that the Cincinnati office originated the screening without direction from Washington, according to the excerpts.

Appearing Sunday on CNN’s “State of the Union,” Issa said this conflicted with White House comments that have referred to misconduct by IRS workers in Cincinnati. Without naming White House spokesman Jay Carney, Issa said the administration’s “paid liar, their spokesperson” is “still making up things about what happens in calling this local rogue.”

He added, “This is a problem that was coordinated in all likelihood right out of Washington headquarters and we’re getting to proving it.”

In briefings with reporters, Carney has not referred to the Cincinnati IRS office as “rogue.”

“He’s good at throwing out outlandish charges but it’s unclear what he’s saying he lied about,” White House spokesman Eric Schultz said of Issa’s remark.

Cummings said Issa’s comments conflicted with a Treasury inspector general’s report that provided no evidence that the Cincinnati office received orders on targeting from anyone else.

“Rather than lobbing unsubstantiated conclusions on national television for political reasons, we need to work in a bipartisan way to follow the facts where they lead,” Cummings said.

The interviews with IRS employees were conducted by Republican and Democratic aides on Issa’s committee and also involved aides from both parties from the House Ways and Means Committee.

One of the employees was a lower-level worker while the other was higher-ranked, said one congressional aide, but the committee did not release their names or titles.

The IRS Cincinnati office handles applications from around the country for tax-exempt status. A Treasury inspector general’s report in May said employees there began searching for applications from tea party and conservative groups in their hunt for organizations that primarily do work related to election campaigns.

That May report blamed “ineffective management” for letting that screening occur for more than 18 months between 2010 and 2012. But that report – and three hearings by congressional committees – have produced no specific evidence that the Cincinnati workers were ordered by anyone in Washington to target conservatives.

The latest report on IRS conferences will be the subject of a hearing Thursday by the House Oversight and Government Reform Committee.

Werfel is scheduled to make his first congressional appearance as acting commissioner Monday when he appears before a subcommittee of the House Appropriations Committee.

According to congressional aides briefed by the inspector general’s office, the IRS did not formally seek competitive bids for the city where the agency’s 2010 conference was held, for the event planner who assisted the agency, or for the speakers.

The aides, who spoke on condition of anonymity to describe a confidential congressional briefing, said other benefits given to some attendees at the Anaheim IRS conference included vouchers for free drinks and some tickets to attend Angels baseball games.

Two videos produced by the IRS were shown at the Anaheim conference. In one, agency employees did a parody of “Star Trek” while dressed like the TV show’s characters; the second shows more than a dozen IRS workers dancing on a stage. The two videos cost the agency more than $50,000 to make, aides said.

The lecturer who spoke about leadership through art produced six paintings of subjects that included Abraham Lincoln, Michael Jordan, the rock singer Bono and the Statue of Liberty, the aides said. (Courtesy, the Associated Press)

SUPERVISOR HAMBURG has filed a damages claim against the County of Mendocino. The Supervisor and his attorney aren’t talking, and County Counsel Tom Parker will only confirm that the claim has been filed, but won’t reveal its particulars. Since it’s clearly public domain, the public has a right to know what the claim is for. We should know by tomorrow, but preliminarily we think it’s probably to get the County to pay Hamburg’s legal bills. By the time this thing is settled, the supervisor’s lawyer fees could be considerable.

PARKER MUST KNOW that the law is very clear on what he can sequester and what he can’t. “Claims against public entities under the Tort Claims Act (Gov’t Code Section 910 et. al.) have long been considered non-exempt public records under the Public Records Act. See Poway Unified School District v. Superior Court, 62 Cal. App. 4th 1496 (1998) (rejecting agencies denial of access to unsolved claims and holding that claims are public records not exempt from the mandatory disclosure provisions of the Public Records Act). The County Counsel’s Office may not control the timing of the release of a claim once it has been filed.”

NEXT STEP? The claim goes to the Supervisors where presumably, it will be denied.

HAMBURG’S ATTORNEY, Barry Vogel, filed suit in Superior Court Monday, citing, among other things, the state’s health and safety code, which says: “If the certificate of death is properly executed and complete, the local registrar of births and deaths shall issue a permit for disposition, that in all cases, shall specify any one of the following: (1) The name of the cemetery where the remains shall be interred; (2) Burial at sea (3) The address or description of the place where remains shall be buried or scattered (4) The address of the location where the cremated remains will be kept.”

SECTION (3) seems to suggest home burial can be permitted with proper registration and, as attorney Vogel’s suit filed Monday points out, there is indeed at least one strong precedent case in recent Mendocino County history, that of Jay Baker, a prominent South Coast man who is buried in a corner of Baker Town, his shopping complex in Gualala. Judge Vince Lechowick, then functioning as a Superior Court judge out of Point Arena, signed off on Baker’s last wish in 2001.

THE GIST of the suit Vogel filed for Hamburg, as stated in his introduction, is … “The facts and legal issues herein concern the right of an individual to be buried on privately owned real property where the public is not invited, welcome or expected. No public health or safety interest is at risk and no member of the public is harmed. No compelling governmental interest exists to abridge these rights and all legitimate governmental record keeping interests are protected.” Etc.

GIVEN THE BAKER PRECEDENT, and Vogel’s fundamental argument as stated above, I’d say Hamburg has a pretty strong case.

ALL OF THIS arose last month when it was revealed that Supervisor Hamburg had buried his wife on the Hamburg family property southwest of Ukiah. California law prohibits home burials.

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RECOMMENDED VIEWING: “We Steal Secrets: The Story of Wikileaks.” This fine documentary film told me more than I needed to know about the personal lives of these two great heroes of global transparency, Bradley Manning and Julian Assange, the two men who have brought down governments simply by revealing the crimes of these governments against their own people. And nothing they revealed about the murderous imperialism of our own government and our allies came as any surprise to most of us lib-labs, and most of us loath the subsequent persecution of both men, especially that of Manning who was held for nearly a year incommunicado in a Marine Corps brig and whose trial for treason began this week. He’ll never get out, and might even be executed if the psychos in our government have their way. Assange, the film tells us, has had major fallings out with several of his closest associates, by whom he feels betrayed, but whose betrayals Assange is unable to articulate. Those associates complain that he’s become impossibly secretive, thus negating his entire life’s purpose, which has been No Secrets. For me, the most interesting moments of the film, which seemed to me to dwell a little too much on Manning’s sexual confusion, were the interviews with the two women who have famously accused Assange of sexually violating them. They have been universally reviled as everything from prostitutes to CIA lures, and their lives have been repeatedly threatened. But they aren’t undercover doxies. Or even doxies. They are everyday liberal women who admired Assange and his work and genuinely liked him. But Assange apparently forced one into unprotected sex and with the other he seems to have deliberately torn the prophylactic. The film says he has four children stashed around the world, implying that Assange may have some weird compulsion to reproduce beyond the usual bourgie 2.2 children. Neither woman felt much like pursuing the guy but word got out, the Swedish police demanded statements from them, the media went crazy and, of course, the Building 7 brigades screamed “Frame-up” while the Fox News yobbos had already been demanding straight-up assassination of both Manning and Assange. The lives of the two women were destroyed as the tabloids printed their photos and even their home addresses. The film is by Alex Gibney who made the great “Enron: The Smartest Guys in the Room.” He’s done an honest job in “We Steal Secrets” but, of course, he’s already being reviled from every political direction and the film has only been out for a week. The audience I saw it with last Saturday at the Embarcadero Theater in San Francisco seemed more nonplussed than anything. I’m sure we’d all arrived with preconceived ideas about Manning and Assange, and the venue being Frisco those ideas would be overwhelmingly favorable. Nothing I learned at all diminished my admiration for them as political martyrs, but Assange comes across as pretty creepy.

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Hargis 2011, 2012, 2013

MELANIE HARGIS, 30, of Dos Rios, was arrested last week (apparently for the third time) for cultivation along with a fellow called Jedidiah Jones, 33 (also for the third time). Ms. Hargis is easily the most glamorous marijuana cultivator ever arrested in Mendocino County, and perhaps the most glamorous woman to appear in Dos Rios in our time.

Jones, 2011, 2012, 2013

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THIRD PARTIES SAY OPEN PRIMARY SYSTEM HARMFUL TO THEM — by Katie Orr, Capital Public Radio News

The Green, Libertarian and Peace and Freedom Parties have released an analysis showing California’s new open primary system is detrimental to the state’s smaller political parties. Under the new system the top two vote getters in the primary move on to the general election. The analysis finds smaller parties are finding it difficult to collect enough signatures to place a candidate on a ballot and don’t have enough money to pay filing fees in lieu of signatures. The parties argue they can’t attract new members if they don’t have candidates on the ballot. Their analysis found, in 2012, 72 percent fewer small party candidates ran for state office and 68 percent fewer ran for Congress compared to 2008, before the open primary was put in place.

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Lamberg

ON MAY 29, 2013 at 9:31pm the Mendocino County Sheriff’s Office received a call from a family member of Erik Lamberg of Sherwood Road, outside Willits. The family member stated Erik was experiencing difficulties with his vehicle when she last spoke to him on May 26, 2013 around 11:30pm. At that time Erik had his vehicle, a silver 2004 Honda Odyssey, towed to Laytonville when it broke down in Leggett. He had the vehicle repaired and stayed two nights at a local hotel in Laytonville at which time he phoned his family and said he was “fine.” The family has not seen or heard from Erik since. A missing persons case was taken and a “be on the lookout” (BOLO) issued to all northern California law enforcement agencies. Deputies later confirmed Erik’s vehicle was repaired by a local mechanic and he had stayed in the motel for two nights, but had checked out on May 28, 2013. On June 1, 2013 the Sheriff’s Office received a report of an abandoned vehicle approximately 20 miles west of Willits on Sherwood Road. Deputies responded and located Erik’s vehicle. It appeared the vehicle had gotten stuck in a ditch in the road and was abandoned. Search efforts around the vehicle were conducted but Erik was not located. The vehicle was towed to clear the road. The missing person is described as being 51 years old, 6’05″ tall, weighing approximately 200 pounds, having “sandy” blond hair and blue eyes. It is unknown what clothing he had on when he went missing. The family related that Erik may be experiencing mental health issues but has shown no violent tendencies in the past. The Sheriff’s Office is requesting anyone who has information or who might have seen Erik to contact the Sheriff’s Dispatch Center at (707)463-4086. (Sheriff’s Press Release)

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CATCHING UP WITH CRAIG — Dear postmodern Californians, I just spent a relaxing afternoon at San Francisco’s Ocean Beach, and then visited the meditation room at Love of Ganesh (owned by friends of India’s hugging saint Amma) on Haight Street, and then it was off to City Lights Bookstore. Ambled back down Grant Street through Chinatown on a sunny afternoon, to get to the BART train to return to Berkeley, and then a bus ride to return to Harrison House, a long term homeless shelter. Tomorrow night at 5PM, I have agreed to meet with a caseworker, to discuss my staying here longer and giving BOSS/Harrison House a percentage of my $359 social security retirement check. I do not want an entry level or temporary job in postmodern California, because that would be ridiculous for me due to extreme overqualification. Also, I do not want a hyper-inflated rental in the San Francisco bay area, because I do not value living here that much anymore, and I am not willing to pay an absurd amount of money for basic housing. I want cooperation to leave postmodern California! That is what I am asking for. Of course you must already know that I am willing to return to Washington D.C. for continued frontline radical environmental and peace & justice action…particularly I would like to work with documentary film makers now. What is NOT going to work out, is my being ignored. It is unlikely that I am going to just drop dead, so why don’t we all behave as though we are living in a spiritually mature society, and let’s get me out of the shelter, and then out of postmodern California, and relocated where I may be effective in opposition to the raw idiocy of digitalized consumerism, and its increasingly negative psychological effects on society. I recommend cultivating a spiritual life instead. That is what I am for! I want you to telephone Harrison House in Berkeley at 510-525- 4469 and tell my prospective caseworker Tonette Woodsen that we are all going to act in a spiritually intelligent manner together, so that my presence here in America is not wasted in a pointless continuance of residency in postmodern California. Hey, circumstances change, okay? I do not want to be “stuck in stupid” here. I am asking for your cooperation to insure that I am well- positioned in order to be valuable. Thank you very much, Craig Louis Stehr, craigstehr@hushmail.com. Mailing address: c/o NOSCW, P.O. Box 11406, Berkeley, CA 94712-2406. Blog: http://craiglstehr.blogspot.com

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ACOUSTIC KITCHEN on Friday, June 21 at Community Center of Mendocino — Four women of music will be featured at “Acoustic Kitchen, part 6” when Mendocino Stories and Music Series hosts Sarah Wagner, Juliet Strong, and “Sweet Moments of Confusion”. Music starts at 7:30PM on Friday, June 21 at Community Center of Mendocino, 998 School St Mendocino. Sarah Wagner, a veteran of operas and musical theatre, fell in love with the sweet sound of a ukulele. She enjoys playing covers of every genre of music and has begun to write her own. As “Sweet Moments of Confusion”, cellist Myra Joy and accordionist Diana Strong perform original instrumental compositions inspired by folk traditions from many corners of the world, particularly Northern and Eastern Europe. With a voice like butter and an array of original, bluesy melodies, Juliet Strong touches audiences with her depth of sound, unparalleled musicality, and lilting lyrics. Juliet’s high-energy fusion of folk and soul, accompanied by rhythmic piano and ukulele, provides a unique, and infectiously uplifting musical experience. Acoustic Kitchen is presented by Community Center of Mendocino in cooperation with Mendocino Stories and Music Series. Founded in 2012, CCM is a community-based nonprofit dedicated to cultivating a sustainable, vibrant, and inclusive community center by strengthening community input and encouraging broad participation by all age groups. A complete listing of current programs and rental opportunities is available at www.ccmendo.org. All ages welcome. Doors open at 7PM for snacks and beverages. $10 at the door, $5 for students. For more info on this event call Pattie at 937-1732 or visit www.mendocinostories.com/events_info.html Mendocino Stories & Music Series on June 22

MIXED NUTS. With a collection of swing, as well as Latin, calypso, jazz, and popular tunes, The Mixed Nuts will be featured in the Mendocino Stories and Music Series on Saturday June 22. As a special offering, Sunshine Taylor and Glenn Rude, dancers extraordinaire and dance instructors, will teach a beginning swing dance class at 7:30PM followed by dance music at 8PM. This fun event will be held at the Hill House Inn of Mendocino. The Mixed Nuts, an off-shoot of Kevin and the Coconuts, was originally the brainchild of Dan Albrecht who, in this group, plays piano and sings. He is joined by Steve Paul on trumpet, vocals, steel pan, banjo and accordion; Paul Schulman on congas; Daney Dawson on acoustic upright bass; and Tom Rickard on drums and percussion. All ages and levels of interest are encouraged. Doors open at 6PM with dinner menu and full bar. $20 for reserved seating, $15 at the door – includes dance lesson. For more info on this event call Pattie at 937-1732 or visit www.mendocinostories.com/events_info.html

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ED REINHART & THE BURNING SENSATIONS to Perform 1st Parducci’s Acoustic Café — Saturday June 15th, Parducci Winery’s Acoustic Café series will begin their highly popular concert series with Ed Reinhart & The Burning Sensations making the audience Boogie Till You Drop. The festivities start around 7:00 with gates opening at 6:00. General Admission is $14 and tickets are available at Parducci Wine Cellars tasting room, on 501 Parducci Rd. in Ukiah, by calling 463-5357, or online at parducci.com/Wine-Store/Event-Tickets. Food will be available throughout the summer from The Potter Valley Café and North State Street Café with part of the drink proceeds benefiting the Alex Rorabaugh Center (The ARC). Seating fills quickly so be sure to show up early enough to get a seat at 6.

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ANTICIPATION FOR WINESONG 2013 GROWS AS AUCTION LOTS AND ARTIST OF THE YEAR PAINTING ARE REVEALED. ALL THAT PLUS AWARD-WINNING WINE, SPECTACULARFOOD AND CHARITABLE GIVING AND YOU HAVE A STELLER EVENT! A BENEFIT FOR THE MENDOCINO COAST HOSPITAL, HELD ON THE BREATHTAKING MENDOCINO COAST

September 6th & 7th, 2013

Visit www.winesong.org for details

FORT BRAGG, CA. (June 3, 2013) – Winesong 2013 (www.winesong.org) continues to be the Crown Jewel of Northern California charitable events. First, the 29th Annual Winesong will offer guests the opportunity to get an insider’s view of Anderson Valley Pinot Noir on Friday, September 6th as Winesong and AVWA (Anderson Valley Winegrowers Association) present “An Anderson Valley Pinot Noir Celebration” hosted by the Little River Inn. On Saturday, September 7th, guests can stroll through the enchanting Mendocino Coast Botanical Gardens enjoying a spectacular array of wine and food from 100 highly acclaimed wineries and 50 top-notch Northern California restaurants. The spectacular wine celebration continues on into the Auction Tents for the always-entertaining Live and Silent Charity Auctions. Last years event raised $450,000 for the Mendocino Coast Hospital. “Wine, food, art and music lovers are helping position Mendocino County wines and our event with the top regions and events in California wine country,” noted Executive Director Jeri Erickson. Winesong celebrity chef, Bradley Ogden (who is back for a second year), is in the final phase of menu planning for this year’s world-class Live Auction Lunch with the help of local catering company, Karina’s Catering. The fabulous menu will be paired with award-winning Mendocino County wines. This prestigious event is sure to sell out as it is a unique opportunity to attend a weekend like no other. A celebration of wine, food, art, and music in a captivating setting! Winesong is also pleased to unveil Laura Pope, 2013 Artist of the Year’s painting created for Winesong 2013. Pope has worked as a woodworker, a silversmith, a painter, and used techniques from the three mediums in mixed-media sculpture pieces. She continually delights in exploring and inventing techniques while working with different materials. For 20 years she has participated in the Laguna Sawdust Festival and Laguna Festival of Arts with jewelry and painting. Her work has been in numerous galleries and museums in Southern California and Texas. In Mendocino, her work has been seen in North Coast Artists Gallery, Oddfellows Hall, the Mendocino Art Center, Highlight Gallery, Mendocino Jewelry Studio, the Miasa – Sister City Show, and other venues. There will be lively bidding for over 200 lots featuring spectacular wines from the most prestigious wine producers, rare and hard-to-find vintages, and special vertical and horizontal collections. Original paintings and art from highly acclaimed artists, vacation packages, and custom-made international wine getaway packages share the auction limelight. 2013 Honorary Auction Chairs Monty & Sara Preiser have created some exciting auction lots for Winesong. Here are some Hot Lot highlights: · Beverly Hills Magic: 2 nights at the Avalon Hotel in Beverly Hills, Dinner at AMMO Restaurant in Hollywood with Promise Wines owner and former President of ABC Entertainment, Steve McPherson, 6 Liter bottle of Promise wine, Tickets to Jimmy Kimmel Live accompanied by Steve McPherson, Photo-op and meeting Jimmy Kimmel, $750 cash to be used for air and airport transportation. · Be a Celebrity: A rare invitation for 2 people to sit with the judges of the American Fine Wine Competition in Miami for 2 days and taste the stunning wines that have been invited www.americanfinewinecompetition, 2 lunches and dinners with the judges, Dinner at an excellent restaurant and 3 nights lodging. 3 nights in a top New York Hotel, 1 Broadway show, 3 dinners with each including a special bottle of wine, Guest of CBS with VIP seats for the David Letterman Show, join announcer Alan Kalter for a personal tour of the set and have your photo taken at David’s desk in front of the New York skyline, along with a personalized song from Composer Paul Williams. January 16-21, 2014. Advanced purchase round trip airfare from any Continental US city to New York and Florida. An Anderson Valley Pinot Noir Celebration: Meet the Winemakers Friday, September 6, 2013 | 1 to 4pm This exclusive event features Pinot Noir from Anderson Valley and tastes of Little River’s finest culinary offerings. The focus of this celebration is to provide an exclusive opportunity to talk wine with the winemakers themselves in an intimate setting. Evaluate new wines and learn how classic Pinot Noir improves with age. Savor these lush and elegant wines while you meet and mingle with the winemakers at a seaside setting overlooking the spectacular Pacific Coast. Wine & Food Tasting in the Gardens Saturday, September 7, 2013 | 11am to 2pm Each year, in order to offer a wide array of wines, Winesong invites 100 highly acclaimed world-class wineries to preview their new vintages. With producers coming from such diverse regions as Mendocino, Napa, Sonoma, the Central Coast, Sierra Foothills, Oregon, Washington State, Italy, Chile and South Africa, the tasting is truly world-class and unprecedented in its sheer diversity. A wonderful variety of culinary fare is provided by more than 50 fine restaurants and food purveyors from Northern California. Wine & food enthusiasts can stroll through the botanical garden paths along the bluffs overlooking the majestic Mendocino Coast while sampling this bountiful fare and enjoying performances of musical ensembles throughout the gardens playing a variety of styles including jazz, folk, classical, zydeco and more! Silent & Live Auctions Saturday, September 7, 2013 | Silent: 11am to 4pm Live: 2pm-5pm There will be lively bidding on over 200 lots featuring spectacular wines and rare hard-to-find vintages from the most prestigious wine producers, original art from highly acclaimed artists, extravagant vacation packages, and custom-made international wine getaway packages. Bay Area celebrity Narsai David will serve as Master of Ceremonies. Chef Ogden will be creating the lunch for VIP ticket holders with the help of local catering company, Karina’s Catering. o VIP tickets with reserved seating at auction and Celebrity Chef Lunch, and access to wine and food tasting: $200.00 o General Admission Tickets with festival seating at auction and access to wine and food tasting: $100.00 o General AdmissionTickets for Anderson Valley Pinot Noir Celebration: Meet the Winemakers: $50.00 Winesong is produced by Mendocino Coast Hospital Foundation, a non-profit organization dedicated to raising funds for the Mendocino Coast Hospital. Its mission is to help the small rural Hospital provide the best possible medical care to residents as well as the many visitors to the Mendocino Coast. The Hospital Foundation has raised over $4.5 million in Winesong generated funds which has enabled the Hospital to purchase essential medical equipment and improve services. For more information and to purchase tickets visit www.winesong.org or call (707) 961-4688. # # # # Media contacts: Michael Coats (707) 935-6203 or michael@coatspr.com Paisly Marechal (707) 935-6203 or paisly@coatspr.com Winesong Contact: Susan Kelley (707) 961-4994 or susan@winesong.org

Martin Katz & Tara Dragani

“Our criminal justice system is America’s only working railroad.” — Judge Justin Ravitz, Detroit.

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When the first tree sitters protesting the Willits Bypass were extracted from their perches earlier this spring, the CHP and CalTrans brought in a professional “videographer” to film the process.

Given the technology and expertise of modern filmmakers, the movie made by CalTrans and the CHP would never be allowed as evidence in a court of law. But it was posted on the CalTrans and CHP websites for the edification of general public where most people probably assumed they were watching the event as it actually happened.

The CalTrans-CHP epic shows one of the tree sitters, Martin Katz ,being removed from his plywood platform. It was posted on their websites by the above-named agencies and photographic stills of the event were distributed to the press, most notably the Willits News. In these pictures, Katz appears to be trying to pull the CHP officers from their cherry-picker bucket.

In fact, all Katz did was lean back from the officers when they grabbed onto him after having shot him three times in the chest with bean bags fired from a Remington 12 gauge shotgun.

The Greenwood Arch

Fifty or so Valleyites showed up last Wednesday evening to look at the to-be-replaced Philo-Greenwood Road bridge. The first-hand walk-through at the bridge was followed by a presentation by three engineers from Quincy Engineering (Sacramento) at the nearby Bates Apple Farm, easily the most attractive site possible for a public meeting.

The entire neighborhood of the Apple Farm, Hendy Woods, the Navarro River, and the stately old one-lane bridge traversing the river is one of Anderson Valley’s most precious vistas, hence the public’s determination that the replacement bridge be as practically and as aesthetically consistent with the area as the old bridge has been all these years.

Greetings one and all. If you are sitting comfortably then I shall begin. It’s going to get very warm. I could be wrong of course, and my weather guru Dave Gowan is no longer around these parts to consult with, but I think last week’s day of rain and drizzle might be just about our lot for the next four months or so. With many creeks almost dry already and most pastures and hillsides already brown, the water prospects in the Valley are not good. Hopefully the wineries and pot growers will take heed and leave some for the rest of us.

Talking about thinking of others, as I flew up and down the Valley over the Memorial Day weekend, observing the activities at the various restaurants, stores and wineries, at my first stop, the Evergreen Cemetery on AV Way, there was a small group of maybe 20 Valley folks gathered at The Wall of Remembrance for the short but very relevant Memorial Day service put on by the Veterans. Certainly there had been a few showers earlier, and more rain threatened but, to be honest, this service to commemorate those who had given their lives serving in the military deserved a better turnout. After all, those who perished had to deal with far more than a few raindrops I am sure. It seems that the weekend saw most folks busy living their lives and enjoying the “holiday” with family and friends, which is fine, and has great merit of course, but it would certainly have been heart-warming to see a better turnout. Oh, well, it is what it is.

Public Service Announcements. Calendars and pens at the ready. #561. The Vets from the Mendocino Animal Hospital will return to the Valley just once in June from 2-3.30pm on Thursday, June 13 at the AV Farm Supply just north of Philo on Hwy 128. #562. The AV Grange Local Food Pancake Breakfast is at The Grange from 8.30am to 11am this coming Saturday, June 9. #563. The monthly Community Drum Session is next Wednesday, June 12. contact Rob 3897 or Andy 3020 for further details.

There’s not much else on the social calendar to report over the next week in the Valley and near points beyond, but later in the month all sorts of events will be taking place. These include The Sierra Nevada World Music Festival. June 21-23; The Kate Wolf Music Festival. June 28-30; the Bite Hard Bicycle Road Race. June 29; the Senior Center Guest Chef Dinner. June 29; and the ‘Sing-along-a-Liddy’ Community Singsong. June 29. Then in July it really gets busy. Looks like your calendar is going to be full.

Here is the menu for the next week at the Senior Center. For lunch, the Center asks for a $5 donation from Seniors and $7 for Non-Seniors, and $6 and $8 respectively for the evening meals. On Thursday, June 6, the lunch, served at 12.15pm, will be Fish & Chips, Corn Bread, Tarter Sauce, Cole Slaw, Tabbouleh Salad, and Banana Split Cake for dessert. And then next Tuesday evening, June 11, at 6pm, Chef Marti Titus and her crew will be serving a dinner featuring Spaghetti w/ Meat Sauce, French Bread, Cauliflower & Broccoli, Carrot Salad, and Dessert, a feast that will be followed by Bingo at 7pm. Hopefully you will be able to attend, and remember, ALL ages are welcome!

Topics and Valley events under discussion this week at The Three-Dot Lounge — “Moans, Groans, Good Thoughts, and Rampant (and often Reliable) Rumors” from my favorite gathering place in the Valley.

…On my travels out and about in the Valley on Saturday evening, I was very pleasantly surprised by the ‘top notch’ appearance of many high school students in their Prom outfits as they ‘wined and dined’ at their pre-Prom gatherings at various Valley eateries. I had no idea those boys could look so smart and handsome! Inevitably they were somewhat upstaged by the girls, who were absolutely radiant, but the boys did the school proud and our gender even more proud (or is it prouder?).

…Old friend and owner of the Buckhorn pub in Boonville, Tom Towey, popped into The Three-Dot for a drink or five the other day and after catching up on each other’s news and confessing that his golf game was as inconsistent as ever, he reminded me that his fine establishment continues to offer their popular Prime Rib special on Thursday evenings. He added that in the next few weeks the pub would also be introducing a Karaoke Night, Fresh Fish Fridays, and the ‘Summer under the Stars’ series of live music performances on the patio. I’ll keep you posted.

…A few of our Three-Dot regulars are delighted that the General Knowledge and Trivia Quiz resumes its summer and fall schedule this week. That means the popular event is once again every Thursday at Lauren’s Restaurant in Boonville, with question time beginning at 7pm. An evening of delicious food, fine wine, and good beer; plus lively banter with friends and an exercise of the mind. What more can you possibly want from a night out?

…The decision on the next High School Principal will hopefully be made in the next week or so, and hopefully by that time all five members of the School Board will have participated. As mentioned by AVA Supreme Leader Bruce Anderson in last week’s issue, certain members may have felt somewhat excluded from the selection proceedings. That may or may not be true; anything is believable given the events over the past few months on the stage at the local soap opera/high school campus. More importantly, in the minds of many regulars at the Three-Dot, hopefully any members who possibly did feel that way have by now thrust themselves, welcome or not, into the decision-making process and offered their thoughts and opinions on this very important matter.

…The ‘Potluck Season’ is officially underway — you know, the period of Valley gatherings when guests are invited to “Come to our house and bring something to eat and/or drink.” Having attended many of these gatherings I can say, somewhat knowledgeably, that a few people will bring very little and eat a lot, and others will bring plenty and eat their fair share. Of course, some folks think it refers to something else entirely and turn up simply because they think that with a bit of ‘luck’ they’ll get some ‘pot.’ If this happens, these folks do tend to then proceed to eat quite a lot. You have been warned.

Time to take my leave. Until we talk again, Keep the Faith; be careful out there; stay out of the ditches; think good thoughts; please remember to keep your windows cracked if you have pets in your vehicle; and may your god go with you. One final request, “Let us prey.” Humbly yours, Turkey Vulture. PS. You can contact me with words of support/abuse through the Letters Page or at turkeyvulture1@earthlink.net. PPS. Keep on humming, Hummingbird.

In recent months, a few examples of what State Sen. Joel Anderson (R-Alpine) has referred to as the California Department of Transportation’s “continued pattern of abuse, theft and mismanagement” have become fixed in the public consciousness. First came news that 32 galvanized bolts meant to secure key seismic safety equipment on the Oakland span of the Bay Bridge had broken, and hundreds more were in doubt. Then a report from the independent state auditor’s office found that Caltrans employees had systematically falsified bridge safety reports, thereby jeopardizing people’s lives.

The Brown administration has announced it has ordered an independent, system-wide review of CalTrans’ practices. Only weeks prior, Brown had dismissed the design problem by saying — and I quote — “look, s—- happens.”

AS OF 3PM Tuesday afternoon, firefighters were having a heckuva time knocking back a grasslands fire in the area of milemarker 39, Yorkville. Breaking: The fire was knocked down shortly before 5pm before it spread. A great job by the Anderson Valley Fire Department, supplemented later by CalFire.

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CALTRANS is at last being subjected to a hard look. State Sen. Joel Anderson (R-Alpine) recently described Big Orange’s operations as “a continued pattern of abuse, theft and mismanagement.” A report from the independent state auditor’s office found that Caltrans employees had systematically falsified Bay Bridge safety reports, thereby jeopardizing people’s lives. And Governor Brown has announced an independent, system-wide review of the California Department of Transportation.

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Patient

MANBEATER OF THE WEEK: Michelle Patient, 35, and a man identified only as “her boyfriend of 8 months,” were having difficulties with their relationship last Saturday, apparently having become violently impatient with lover man.  A Fort Bragg 911 call said “a woman in a long trench coat was throwing pieces of wood at a man.” When the Fort Bragg Police arrived, Ms. Patient and her boyfriend said everything between them was absolutely harmonious. But a witness told police that Ms. Patient had smacked her love interest several times, pushed him over a guardrail, and had pelted him with pieces of wood. Officers determined that Ms. Patient was the primary aggressor and took her into custody.

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JESSICA CEJA is a junior at Anderson Valley High School where the school’s Junior Prom was held last Saturday night.  Jessica, a gregarious girl popular with her classmates, had previously bought a single ticket to the dance for $15, but when she arrived at the door of the gym where the Prom was held, Andrew Settlemire, a teacher at the school told Jessica she couldn’t come in because she was not dressed “appropriately.” It is true that some kids were togged out in tuxes and formal dresses, but it is also true that some weren’t. Boonville is Boonville, not the Marin Town and Country Club. Jessica was dressed as she always dresses, in a baggy sweatshirt and trousers. Formal dress is expensive, and Jessica wears what she can afford. Barred by the resolute Settlemire, Jessica asked for her money back which, after some back and forth with Settlemire, was finally returned to Jessica by Superintendent JR Collins. It wasn’t the money so much as it was the humiliation. To be turned away at the door of a Junior Prom isn’t an easy rejection for a teenager, but that’s what happened to Jessica Ceja.

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ON JUNE 3 at approximately 3pm Deputy Sheriffs from the Mendocino County Sheriff’s Office were detailed to investigate a trespassing case near mile marker 13 on Branscomb Road in Laytonville, California.  Deputies arrived and contacted private security officers (LEAR Asset Management) employed by a local timber company.  These officers had two men detained (Richard Geiger and Martin Scott) both being residents of the Laytonville area.  Deputies learned the security officers were investigating an illegal marijuana grow on the timber company property when they encountered the two men walking along a trail from the grow site.  One of the men, identified as Geiger, was armed with a loaded semiautomatic handgun in a shoulder style holster.  The men were detained by the security officers and Deputies were summoned to the area. A search of each person and a backpack in the suspect’s possession revealed approximately 26 grams of methamphetamine.  Deputies also located ammunition for a .38 caliber firearm on Scott’s person.  Scott is a convicted felon and on probation not to possess firearms or ammunition.  A search of the ground where Geiger and Scott had been originally detained by security officers revealed the presence of a loaded .38 caliber revolver.  Deputies learned Geiger and Scott had driven to the location in a vehicle which was parked along Branscomb Road.   A search of the vehicle revealed a billy club, an illegal weapon.  Geiger was arrested on charges of possession of methamphetamine for sales, possession of a dangerous weapon, and armed in the commission of a felony.  Scott was arrested on charges of being a felon in possession of a firearm, possession of methamphetamine for sales, and armed in the commission of a felony.  Both subjects were booked into the Mendocino County Jail and were to be held on $30,000.00 bail. (Sheriff’s Press Release)

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KENT STATE TRUTH TRIBUNAL’S statement addressed to the United States on May 30, 2013 in KSTT’s first consult related to our submission to the United Nations, Human Rights Committee http://bit.ly/10xZebQ, culminating in UN HQ Geneva, Switzerland in October 2013.  “Good afternoon, I am Laurel Krause for the Kent State Truth Tribunal and my sister Allison Krause was shot dead by U.S. military bullets at Kent State University on May 4, 1970 as she protested the announcement of the Cambodian Invasion in the Vietnam War long ago in America.   With regard to Allison’s death, and the three other American students killed on May 4, 1970, there has never been a credible, impartial, independent investigation into the May 4th Kent State Massacre. In 1979 at the end of our courtroom quest for Allison’s justice we received $15,000 and a statement of regret from the United States government.  40 years later in 2010, new audio evidence was discovered in a tape recording, analyzed by internationally-respected forensic evidence expert Stuart Allen. It is now three years later and the U.S. federal government continues to refuse to acknowledge or examine the new evidence yet over these past three years we have demanded that the Kent State Strubbe tape be examined … to no avail.  While Kent State human rights issues are not explicitly mentioned in the list of issues, they are covered by a number of general questions raised by the Committee, especially under Right to Life, Obligation to Conduct Independent, Thorough and Credible Investigations into Excessive Use of Force and Firearms by Police/Military, and Right to Effective Remedy. The Human Rights Committee is likely to bring up the human rights related to Kent State as an example of the United States’ failure to meet ICCPR obligations during the U.S. review in October. If any U.S. government personnel or group wishes to learn more about the Kent State Massacre and the new evidence, including and since in 2010, I am happy to provide that to you. I will also be submitting a shadow report to the Committee. Thank you.”

LAUREL KRAUSE WRITES: “Just now while watching Oliver Stone’s 05/04/13 magnificent Kent State speech, I was hoping you’d like share Oliver Stone on Kent State with AVA readership. WATCH Oliver Stone on May 4, 2013 at Kent State University on the May 4th Kent State Massacre, starts at 23 http://bit.ly/1441nQG

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THE SEX PISTOLS: In early 1978 a day or so before they played SF in what was their last show ever (“ever get the feeling you’ve been cheated?”) the Sex Pistols did a radio interview at KTIM in Marin. A van went to pick them up at their hotel, Johnny Rotten was a no-show, Sid Vicious was out scoring (and then OD’ing on) heroin; revived at the ER he went out to score again) so only the drummer and guitarist got in the van. They assumed it was a local station and thus a short ride across town so were chugging as many beers as they could for the trip.  It took about an hour to get to San Rafael so they were pretty drunk when they got there.  During the interview the DJ asked them what things in particular they liked about the US-of-A, how they found American girls, things like that. One said they liked American girls and the other chimed in, their Cockney accents “Yah, they all gowt big tits.” The DJ opened the phone lines to callers and you heard, “Here’s Susie from Mill Valley with a question.” The band member at the mike says, “Hi Susie,” and Susie starts in something with like, “Do you think the punk rock movement in Britain is a reaction to Margaret Thatcher’s right wing Conservative Party politics blah, blah, blah…”  In the background you hear the other voice go, “A’ve ya gowt big tits?”

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THE MANNING TRIAL: DAY ONE

Defense: Manning Following His Humanist Beliefs; Prosecution: Manning a Tool of Wikileaks

By Nathan Fuller

More than eleven hundred days after he was arrested, Pfc. Bradley Manning’s court martial finally began in earnest at Ft. Meade, MD, where defense and government lawyers gave opening statements on the intentions behind Bradley’s release of hundreds of thousands of classified military documents to the website WikiLeaks.

Defense: Bradley was following his humanist beliefs

Defense lawyer David Coombs recounted a poignant turning point during Bradley’s time in Iraq. On Christmas Eve, 2009, an Army vehicle narrowly avoided injury after an explosive detonated. But in evading the explosive, the U.S. vehicle drove into a civilian car, carrying five Iraqis, including three children. His fellow soldiers celebrated into the night, cheering the U.S. soldiers’ survival, but twenty-two-year-old Bradley couldn’t forget about the injured Iraqis, who were immediately hospitalized.

“From then on,” Coombs said, “[Bradley] struggled.” Not your typical soldier, Bradley wore customized dog tags that read “humanist.” He strove to help his unit, wanting everyone to come home safely every day, but he wanted the local nationals to go home safely every day too.

Coombs reviewed how this overarching humanism inspired him to release each set of documents. He couldn’t read Afghanistan and Iraq War Logs without thinking of that first injured family in December ’09. He read them “with a burden.” He wanted to make a difference, and he believed this information should be public.

He watched the ‘Collateral Murder’ video, documenting the U.S. Apache killing of innocent Iraqis and Reuters journalists. He thought this video conveyed how the U.S. valued (or, didn’t value) human life, and since the Pentagon failed to follow through on its vow to make it public, he felt had to do so.

When he was given access the State Department cables, he was told to peruse the classified network to understand U.S. diplomacy. He knew the cables were accessed by more than a million people, that they couldn’t contain Top Secret information, and that they wouldn’t reveal sources – he also knew they showed how the U.S. deals with and values human life around the world, and we don’t always do the right thing.

Government suggests WikiLeaks guided Manning’s releases

By contrast, government prosecutor Captain Morrow painted Bradley’s releases as the systemic harvesting of information at WikiLeaks’ behest. He opened his statement with Bradley’s own words: “If you had unprecedented access to classified networks 14 hours a day 7 days a week for 8+ months, what would you do?”

This commenced an effort to characterize Bradley as almost singularly focused on gathering information that WikiLeaks wanted to release. Capt. Morrow said the releases are “what happens when arrogance meets access to classified information,” and that Bradley used his military training to “gain the notoriety he craved,” despite also saying that he worked to conceal his downloading of classified documents.

Capt. Morrow also reviewed each set of files, with two chief contentions: that Bradley indiscriminately harvested and leaked information, and that he was taking orders, directly via chat logs or indirectly by looking at their ‘Most-Wanted List,’ from WikiLeaks.

Press and public struggle for trial access

Just before those opening statements, Judge Denise Lind asked the prosecution to review the procedures in place to provide access to the press and public to Bradley’s trial, presumably in response to a motion filedby Reader Supported News. I say presumably because I watched the proceedings on a video feed in the theater next door to the courtroom (I gave my press pass for today to the Freedom of the Press foundation’s stenographers) – and the feed cut out frequently. We were in the theater because we were told that both the courtroom and the spillover trailer, whose video feed never cut out, were full. But those we talked to from the trailer said it was half-full at most.

Nevertheless, prosecutor Maj. Ashden Fein assured Judge Lind that no member of the public has ever been excluded from viewing Bradley’s proceedings. He didn’t happen to mention a last-minute restriction imposed on attendees: though they’ve been allowed for more than a year of pretrial proceedings, ‘Truth’ t-shirts were banned from the courtroom today, as were “Bradley Manning shirts or any other propoganda,” according to one gun-toting soldier. Pressed about the new limitation, one soldier told the Support Network’s Emma Cape that the decision was made from someone “very high up” and that he figured it was related to increased media access.

Maj. Fein also said that every effort has been made to provide full access to journalists, despite the legion of journalists decrying Ft. Meade’s restrictions on the media.

He said that only five journalists had been denied press credentials to Bradley’s trial. This number was laughable, considering the Military District of Washington has claimed, “More than 350 requests for credentials were received for 70 seats in the media operations center and 10 seats in the courtroom.” We know for certain that the Freedom of Press’s stenographers were denied and that several others were as well.

First witnesses called, forensics underway

Finally, after lunch, the government called its first witnesses, to prove it was Bradley Manning who actually released the documents. Special Agents Thomas Smith and Toni Graham testified about arriving at Bradley’s base to photograph his housing and work stations and to interview his fellow soldiers. Specialist Eric Baker, Bradley’s roommate at F.O.B. Hammer in Baghdad, testified briefly about Bradley’s computer habits and collection of CDs and a hard drive. The defense didn’t have extensive cross-examination questions for either: in light of Bradley’s February guilty plea to providing information to WikiLeaks, his lawyers largely didn’t contest the fact that the computers in question were Bradley’s.

Tomorrow, the government will call Army Criminal Investigation Command Special Agent David Shaver, who’s expected to testify at much greater length. ¥¥

(Nathan Fuller is a writer for the Bradley Manning Support Network, where this dispatch also appeared. He can be reached at Nathan@bradleymanning.org.)

Worst of all — although there can be some pretty bad among the rest — is the travel. Specifically, the airports and airplanes. The insanely long “security” lines are now even longer, as personnel has reportedly (no one knows for sure…it’s a “security” secret, of course) been cut back due to the “sequester.” You remember, that’s the procedure by which elected and appointed officials divided up the money that pays for societally agreed-upon functions. Keeping most of what they did impossible to see, or too petty to complain about. One fewer day that the Pt. Reyes Visitor Center is open? One more day that your local post office closes early? A week longer to get a passport? (There will not, of course, be one fewer “Special Operations” team crawling through some obscure jungle to do some bloody deed. Or maybe there will be? Who are we to think we would be told?)

During my years in Anderson Valley, which began in the late 1950s and continued to the late 1980s, the most popular local outdoor recreation was fishing and hunting. Camping and backpacking were my primary outdoor passions in those years, but local pleasures can’t be denied, so the rod and gun also found their way into my world.