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Friday, March 27, 2009

Nation's Public Defenders, Including San Francisco's, to Meet, Discuss Who's Getting Screwed Over the Worst

Posted By on Fri, Mar 27, 2009 at 6:30 AM

Public Defender Jeff Adachi has not yet mentioned growing up in an old water tank on a rubbish dump - RICHARD BUI
  • Richard Bui
  • Public Defender Jeff Adachi has not yet mentioned growing up in an old water tank on a rubbish dump
In a get-together that threatens to devolve into the legal equivalent of the Monty Python Four Yorkshiremen sketch -- "You were lucky to live in a house! We used to live in one room, all 26 of us" ... "You were lucky to live in a room! We used to have to live in the corridor!" ... "Oh, we used to dream of living in a corridor! We used to live in an old water tank on rubbish dump..." -- public defenders from around the nation will gather at Stanford on Monday to discuss how difficult it is these days to be a public defender.

San Francisco's Jeff Adachi will be there; as frequent readers of this page know, Adachi's getting piled on these days. Mandated to cut his budget by 25 percent by the mayor, Adachi declined, stating that this would result in him being forced to farm out more cases to expensive private attorneys -- and sparking a nasty game of budget chicken with the mayor. Adachi hasn't sued the mayor (yet), so he may not win any pity parties among his colleagues.

Fellow panelist Bennett Brummer, former PD for Miami-Dade County did sue the state of Florida for the right to decline cases after simultaneously experiencing a 29 percent increase in cases and a $2.48 million budget cut (he won).

Other hard-luck PDs on the roster:

  • Nancy Forster, the Maryland State PD announced last year her office will no longer farm out cases to private attorneys -- as it has run out of money;

  • Mark Stephens of Knox County, Tennessee lost his motion to reject misdemeanor cases due to an exorbitant caseloads;

  • John Stuart, Minnesota's public defender, had the joy of coming up $4.7 million short and letting go of 50 attorneys. 
Sounds like a blast. Attendees are advised to behave themselves as no one can afford to defend them any longer.

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Sssssh! Super-Secret Police Crosswalk Sting Moved From Last Wednesday to Next Wednesday.

Posted By on Fri, Mar 27, 2009 at 5:30 AM

Don't get caught doing this at Everglade and Sloat...
  • Don't get caught doing this at Everglade and Sloat...
A motorcycle officer's sick day forced the cancellation of a Wednesday crosswalk sting operation out in the Parkside -- but not for long. The sting will now take place next Wednesday, April 1.

What's a crosswalk sting? Well, as Capt. Paul Chignell put it in a police bulletin, Plainclothes cops will "attempt to cross the street in crosswalks without

being run over by speeding motorists. ... Motorists who fail to yield to these pedestrians will be cited by uniformed police officers." It stands to reason that motorists who run over plainclothes cops are in trouble, too.

The next sting will be 9 a.m. at Everglade Drive and Sloat Boulevard on April 1 -- and here's hoping the saps getting pulled over don't take this for an April Fool's joke.

"People in the neighborhood have been objecting that they can't get across the crosswalk because of the speeding cars on Sloat. Sloat is like a speedway," Chignell explains. "We deal with the most egregious violations. When someone's in the middle of the crosswalk, we've seen drivers swerve around them or start honking. We've seen some unbelievable conduct by San Francisco drivers.

So, gentlemen, start your engines -- at your own peril.

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Thursday, March 26, 2009

Sean Penn to Portray Another Gay Icon? Nyuk, Nyuk, Nyuk!

Posted By on Thu, Mar 26, 2009 at 4:24 PM

Never thought you'd read the words 'Three Stooges' and 'Oscar' in the same sentence? You just did.
  • Never thought you'd read the words 'Three Stooges' and 'Oscar' in the same sentence? You just did.

Erm, maybe not. But the word on the Web is that Sean "Best Actor" Penn will be playing Larry in a big screen homage to the Three Stooges.

Let's all let that sink in for a moment. Sean Penn -- who may be the greatest actor of his generation and just won Best Actor for the second time -- has been linked to a movie about The Three Fucking Stooges.

Oh, it gets better. Benicio Del Toro has been bandied about as a possible choice for Moe, while Jim Carrey could get the nod for Curley (too bad it's not the other way around; that way Carrey could just recycle his Lloyd Christmas haircut).

Jeez, how many Oscar-nominated actors do you need for folks to take a Three Stooges vehicle seriously? By the way, the Stooges themselves visited the Biltmore Theater on New Lots Avenue in Brooklyn my mother attended as a child. Her overriding memory -- the stooges were incredibly short (also, unlike any of the actors mentioned above, they were incredibly Jewish: Moe's real name was Moses Horwitz; Curley was his brother Jerome Horwitz; Larry was Louis Fienberg; Shemp was Samuel Horwitz; and Joe Besser was Joe Besser. You're telling me there's no room for David Paymer in this film? How about a little respect for the mischpoche, nu?).

By the way, it will be interesting to see if this film, like Penn's last, Milk, concludes with the protagonist being shot through the head. Nyuk, nyuk, nyuk.   

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Gay-Centric Blog Gives Purported Backstory on Accused S.F. Con Man, Killer Niroula (and His Alleged Female Persona Kylie)

Posted By on Thu, Mar 26, 2009 at 3:01 PM

Kaushal Niroula's purported alter-ego, Kylie Monali - SCREEN CAPTURE   |   HTTP://TFARE.BLOGSPOT.COM
  • Screen Capture | http://tfare.blogspot.com
  • Kaushal Niroula's purported alter-ego, Kylie Monali

A blog portraying itself as a purveyor of "FAIR & BALANCED news" catering to "sexual minorities -- homosexuals, bisexuals, and transexuals (sic)" has published an interesting biography of accused San Francisco con man and murderer Kaushal Niroula.

Niroula, a 27-year-old from Nepal, is part of a platoon of alleged San Francisco grifters currently facing a bevy of charges surrounding the disappearance of 74-year-old Palm Springs resident Cliff Lambert and the liquidation of the man's assets. The story, an SF Weekly exclusive, was broken by staff columnist Matt Smith.

The blog tfare.blogspot.com features an article titled "Gay Nepalese Student Charged with Murder." Within it are quotes purportedly obtained from Niroula's classmates back in Nepal as well as the revelation that Niroula had a female persona named Kylie Monali (pictured above).

SF Weekly cannot vouch for the accuracy of the article, which can be read here. For more SF Weekly stories about Niroula, click here or here.

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Lie To Congress, Get Probation: Wrist-Slap for Former Athletic Tejada Makes Bonds Prosecution/Persecution Look That Much Sillier

Posted By on Thu, Mar 26, 2009 at 1:15 PM

crosshairbonds.jpg
Funneling vast sums of money from the government into the hands of miserable bastards has, in effect become federal policy. So has wasting vast sums of money in futile legal pursuit of miserable bastards -- and folks are starting to get mad.

After expending somewhere in the ballpark of $60 million in a steroidal witch hunt that has resulted in a handful of laughably minor sentences against a smattering of obscure athletes, the government essentially took its ball and went home earlier this month in its ongoing prosecution of Barry Bonds. Whether that trial ever gets back on track -- and we're betting it won't -- the notion of pouring vast amounts of cash into nailing Bonds is looking more and more hypocritical.

Today's light sentence handed to confessed steroid cheater Miguel Tejada is hard to square with the legal bean ball Bonds endured. In short, Tejada -- a likable former Oakland Athletic whose bulky physique and gaudy statistics were a clear red flag to anyone who hasn't uttered the phrase 'Aw, shucks' since childhood -- was placed on a year's probation, fined $5,000, and sentenced to 100 hours of community service for lying to congressional investigators.

Surely some scold will bring up how Tejada's crime of lying to investigators doesn't measure up to Bonds' alleged transgression of perjury -- but, in truth, one could argue that Tejada's is the graver offense. The Houston Astros' shortstop out-and-out lied about whether he'd ever discussed drugs with teammates, let alone used them. Bonds, meanwhile, obfuscated about "knowingly" taking steroids. What's more, it turns out the prosecutors knew all along that, at the time Bonds was testifying about taking "The Clear," the substance was not classified as illegal or a steroid by the government. This means Bonds and others who claimed they never knowingly took illegal drugs or steroids regarding "The Clear" were, technically, telling the truth. So, the government's perjury case would have been a longshot along the lines of Duane Kuiper swinging for the fences -- and, to cap it off, Bonds' teammates offered remarkably similar grand jury testimony to the slugger's. None of them has ever faced any legal scrutiny.

Here's hoping the government follows the same advice in pursuing its misbegotten case against Bonds that a doubtless future dot.com millionaire gave as his senior quote in my high school yearbook: "Put it off, put it off -- blow it off."

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San Francisco 'Lesbyterian' Seeking Ordination Derailed on Procedural Grounds

Posted By on Thu, Mar 26, 2009 at 7:22 AM

Lisa Larges
  • Lisa Larges
A San Francisco lesbian's 23-year quest to be ordained a Presbyterian minister will have to continue for God knows how much longer. While the San Francisco Presbytery in January took the monumental step of approving Noe Valley's Lisa Larges as a candidate for ordination, the church's regional commission yesterday ruled that San Francisco erred in its approval on procedural grounds.

While SF Weekly has not yet been able to obtain a copy of the eight-page, highly technical ruling, the upshot is clear: Larges' bid for ordination has been scuttled. Again.

Working through a New York-based public relations agent, Larges this morning released a statement, which is excerpted below:

"Candidates, presbyteries and committees who have sought to act

faithfully under the current constitution have only been rewarded with

challenges and allegations. This decision fosters on-going confusion

and demonstrates clearly just how unworkable the current policy is for

those seeking a fair hearing.  

More than anything, I'm

mindful of all the other lesbian, gay, bisexual and transgender (LGBT)

candidates for ministry who only want to serve our church.  The way

forward for them need not be this complicated. This ruling, though

technical in nature and limited in scope, nonetheless has deeply

personal and painful repercussions for my life and in the lives of

other LGBT people earnestly seeking to serve the church."


SF Weekly reached Larges who helped to explain the gist of the ruling. She said the regional commission claims San Francisco's Presbytery overreached in requiring Larges to submit a "statement of conscience" -- a document in which a candidate for ordination states his or her objections to tenants of the Presbyterian constitution.

This move, the commission ruled, should have been made when Larges was being considered for ordination, not when she was being considered as a candidate for ordination. Therefore, the whole process was invalidated, and Larges says "it's completely unclear" when it will start again.

Not that she's giving up: "I've been here for 23 years. What's a few more?"


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Going Legit: Following SF Weekly Story, Board of Supes Now Plans to Obey Law It Flouted For Years

Posted By on Thu, Mar 26, 2009 at 6:30 AM

breaking_the_law.jpg

Earlier this week, we wrote about a law meant to ferret out campaign finance corruption voted into existence by the Board of Supervisors and affirmed by Mayor Gavin Newsom -- that neither the Supes nor Newsom have ever bothered to make even a minimal effort to follow. Capping everything off, the city's Ethics Commission has opted to not enforce the law.

Here, in a nutshell, is how we put it before:

In 2006, the Ethics Commission's staff devised an ordinance calling for

elected officials who vote upon city contracts of $50,000 or greater to

report this within five days to the commission; this rule was meant to

spot any "pay for play" where those awarded contracts would, in turn,

donate to the elected officials making those decisions. The Board of

Supervisors approved the ordinance by a 10-0 vote; six of those Supes

are still on the board. Then, last year, Mayor Gavin Newsom placed

Measure H on the ballot. This initiative, which essentially affirmed

and expanded the ordinance, was overwhelmingly approved.

During our research for that story, we e-mailed Angela Calvillo, the clerk of the Board of Supervisors, and asked her whose responsibility it was to make the filings this law calls for. She sent us a copy of Ethics Commissioner John St. Croix' Dec. 31 letter informing elected officials to not bother making filings as the commission would no longer be enforcing that law. She did not reply to a subsequent e-mail querying who should have been making those filings between 2006 and 2008 -- and wasn't (not that any pressure was being applied by the Ethics Commission).

Following our article, however, Calvillo wrote us again:

Continue reading »

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Does Giants Ad Urge Players To Come Down With Sexually Transmitted Diseases?

Posted By on Thu, Mar 26, 2009 at 5:30 AM

rsz_giantsfireball.jpg

Minus the big lug who used to patrol left field, this year the Giants are selling themselves as a young team full of likable, everyday fellas who hustle, hustle, hustle even when they're brushing their teeth. That, in essence, is what the exec who created the team's advertising told us -- though we wonder what San Francisco wants more: A group of chipper boys-next-door who lose 60 percent of their games or an assemblage of nasty degenerates who win 60 percent of the time. Remember, it was a former Giant -- manager Leo Durocher -- who once noted that "The nice guys are all over there, in seventh place, not in this dugout."

Or, as the headline writers put it, "Nice guys finish last."

Of course, the banner ad pictured above conjures up myriad new questions. Namely, will San Franciscans embrace a team of nice guys -- with STDs? Or is having itchy, burning genitalia just a method of ensuring these new-look giants hustle, hustle, hustle? You'd run out grounders as well if it kept your mind off the searing pain of chlamydia.


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DJ War Gone Awry: Dispute Over $40, Busted Speaker Lead to Gunplay, Felony Conviction for S.F. DJ

Posted By on Thu, Mar 26, 2009 at 12:00 AM

Not every DJ is amused by your incessant requests for "The Humpty Dance"
  • Not every DJ is amused by your incessant requests for "The Humpty Dance"

Our parents' generation used to assault each other with their fists, bike chains, pipes, or, perhaps, the odd knife over largely meaningless disputes. But we ... we are well-armed. This is more efficient, but hardly a sign of progress.

Take the case of Leonard R. Hawley. The San Francisco party DJ, late of McAllister Street, was on Monday convicted of assault with a firearm, felony illegal gun possession, and misdemeanor possession of a loaded gun -- which could carry a nearly 15-year prison term according to his lawyer. The issue that spurred this conviction: An argument with a fellow DJ over a pair of $20 bills and a speaker.

As reported in the Palo Alto Daily News, Hawley, 30, gave his colleague a ride home following an August party when the two bickered over who owed whom 40 bucks. When the other DJ inadvertently dropped one of Hawley's speakers while unloading his own equipment out of the trunk -- well, that done teared it.

Hawley -- who goes by Raphael or "Raph" -- was convicted of pointing a handgun at his colleague and threatening his life before grabbing the man and firing a shot into the ground to put the exclamation point on the evening.

Defense attorney Alexandria Carl told SF Weekly she feels the jury "didn't follow the instructions of the court" and wrongfully convicted her client (Hawley claims it was the other man who fired off the gun). She added that the San Mateo County Superior Court -- where this case was tried -- tends to be "quick to convict without properly analyzing the case." She said an appeal will be forthcoming following next month's sentencing. 

In any event, if you didn't know it already, this case is yet another sad reminder that it really doesn't take much these days for folks to start shooting at one another.

Keep that in mind the next time you hassle a wedding DJ to play some more Kool & the Gang.  
 


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Wednesday, March 25, 2009

Mystery Solved: Alleged Con Man Danny Garcia Isn't a Killer -- He's a Lover

Posted By on Wed, Mar 25, 2009 at 7:35 PM

Daniel Garcia - COURTESY TYSON WRENSCH
  • Courtesy Tyson Wrensch
  • Daniel Garcia

Daniel Garcia, 27, one of five San Francisco alleged con men charged with murdering and robbing a retired Palm Springs art dealer, knew nothing of the purported crimes, his attorney said Wednesday.

So how is it that during the two weeks following the Dec. 4 disappearance of Cliff Lambert, 74, Garcia used Lambert's bank card to make 21 withdrawals and purchases totaling more than $13,000? And why did alleged co-conspirator Miguel Bustamante, 26, finger Garcia as among the group allegedly involved in Lambert's disappearance, according to police?

The answer is simple, says Garcia's defense attorney Mario Rodriguez: Garcia's a lover, not a killer.

Garcia was merely accepting gifts from a some-time boyfriend when he made all those withdrawals. And he never even met Bustamante, Rodriguez said.

"It's probably no secret, but there's a certain scene here in Palm Springs. This case has a sexual, alternative lifestyle overtones, and, uh, that's how they met, given the social scene in Palm Springs," Rodriguez explained. "Actually they met in Hollywood at a social function there a number of years ago there, and they became friends after that."

After the Hollywood hookup, Lambert opened his heart and bank account to Garcia, Rodriguez said. "They were very good friends, and Mr. Lambert was a generous person. And he liked to shower his friends with gifts," Rodriguez said. Garcia was arrested earlier this month on murder and theft charges in connection with an alleged scheme to steal the assets of Lambert, whom no one has seen for more than four months. Also arrested were Garcia's occasional boyfriend Kaushal Niroula, 26, and Niroula's other boyfriend, David Replogle, 60. Replogle also served for several years as Garcia's attorney.

Stay tuned for an exclusive SF Weekly flow chart of connections among Garcia's personal support network.

While Garcia was emptying Lambert's accounts with a bank card, Replogle and Niroula were forging documents to seize control of Lambert's $1 million house and other assets, police allege. Garcia's attorney acknowledges the friendships between his client and the two suspects. But he says Garcia did not introduce Replogle or Niroula to Lambert. And Garcia was not part of a murder-larceny plot.

"We expect to show that Mr. Lambert had given Mr. Garcia  permission to" withdraw money from his accounts, Rodriguez said, adding that it's not against the law to accept a lover's gift.

"They were good friends," Rodriguez said. But Garcia "had nothing to do with the homicide."

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