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Animal rights activist hounds Berkeley

By Andres Cediel
Saturday October 05, 2002

By Andres Cediel 

Special to the Daily Planet 

 

Animal rights activist Gary Yourofsky is proclaimed an international terrorist by some and savior by others. His most recent feat, which earned him six months in maximum security prison, was releasing 1,500 minks from a farm in Canada where they were being raised for fur. 

“I knew I would get out [of prison],” said Yourofsky, “but the animals never would.”  

Yourofsky is on a nationwide speaking tour as a lecturer for the People for Ethical Treatment of Animals (PETA). Yourofsky spoke to a group of two dozen students and activists at UC Berkeley on Tuesday, alleging cruelties within the meat industry, calling lab testing on animals unscientific and espousing veganism as the path to world peace. 

 

“I’m not an animal lover,” he explained. “I just loathe injustice.”  

Yourofsky’s grievance that 10 million adoptable animals are put to death every year is particularly relevant to Berkeley citizens, who will be voting on a ballot initiative this November to rebuild the city’s animal shelter. The current facility, built in the 1940s, is thought to be inhospitable to animals. It has sewage problems, a rodent infestation and is unable to provide proper isolation for sick animals, shelter officials say.  

Shelter volunteer and co-author of the initiative Jill Posener calls the shelter “Berkeley’s dirty little secret” and said that the facility was designed “to hold an animal for 24 hours and then kill it.”  

Yourofsky’s message was not directed at those working to save animals in poor conditions, but aimed at UC Berkeley professors uphill who use animals to advance their field of study. 

According to the university’s public relations office, more than 40,000 animals are housed on campus for research. Psychology professors who experiment on them receive millions of tax dollars to investigate such things as how the brain analyzes visual motion and the neural mechanisms of sound recognition. 

The Berkeley Organization for Animal Advocacy (BOAA) points out that these procedures involve attaching electrode pedestals to the brains of monkeys or zebra finches, and then paralyzing eye movement or subjecting the animal to eight to 16 hours of continuous audio stimulation. In both cases, once the experiment is complete, the animal is killed for brain examination. 

“When will we let go of these medieval practices?” Yourofsky asked. 

He added that, aside from the ethical contradictions, animal testing is not scientifically valid. There is no correlation between one species’ reaction to a stimulus and that of another species, Yourofsky contended. 

“I’m still waiting for the scientist who can show me the formula [showing this correlation],” he said. 

Richard C. Van Sluyters, professor of Optometry and chair of the Animal Care and Use Committee at the university, disagrees with Yourofsky’s assertion. 

“It would be ludicrous to suggest that there are no similarities,” he said. “You’d have to be a conspiracy theorist.” 

Van Sluyters points out that the medical field has relied on animal testing for the past 100 years, and that advances show clearly that testing is useful.  

In regard to the treatment of animals, the professor explained that labs undergo rigorous internal and governmental inspections to make sure they meet certain standards for testing. Just last week the U.S. Department of Agriculture cleared the university labs, Van Sluters said. 

Veterinarian Elliot Katz is more skeptical. 

“I realized that they [university scientists] were treating the animals in a crap manner,” said Katz, “because they knew that the experiments they were doing were crap anyway.” 

In the early 1980s, Katz became involved in animal rights when he organized a defense of Max Redfearn, a university veterinarian who was threatened with his job after refusing to sign USDA papers certifying that animals had been treated humanely. 

Katz, Yourofsky and others assert that there are more effective and humane alternatives to testing on live animals, such as computer models and videos. 

Members of BOAA have picked up on Katz’ work and have drafted resolutions calling for UC Berkeley to phase out animal testing. Both Berkeley City Council and UC Berkeley’s student government have officially supported the effort. 



It’s election time again

Carrie Olson
Saturday October 05, 2002

To the Editor: 

 

Herb Caen once wrote that you can tell it is election season in Berkeley when the streets are being repaved. Many elections have been decided over potholes. Our mayor knew to head this one off and make sure the roads were smooth. That is really nice, but did we have to wait eight years for an election? 

Yard signs are popping up all over. Great sign of personal expression. But what about those signs on streetlights and telephone poles? Unnecessary visual sign blight has long been considered bad taste in Berkeley. An impersonal sign is not a sign of community support. It is just a sign of a campaign who paid someone to put up signs. Interesting that one of the culprits has been one of our most dogged environmental watchers. 

Don’t forget to vote Tuesday Nov. 5. Make a difference right here where you live. 

 

Carrie Olson 

Berkeley



The ‘Studio Building’ has a long history of craft and commerce

By Susan Cerny
Saturday October 05, 2002

The Studio Building, located at the corner of Shattuck and Allston Way was built in 1905, and was the tallest building in downtown until the Shattuck Hotel was completed in 1909. Both are five stories tall, while the majority of downtown’s early 20th Century masonry buildings are between three and four stories. In 1925 the Chamber of Commerce Building (now Wells Fargo Bank) was constructed at 11 stories and became Berkeley’s only “skyscraper” until 1970 when the Great Western Building was completed. The Chamber of Commerce had its offices on the top floor of the building, a perfect place to tout the charms of Berkeley’s location directly opposite the Golden Gate.  

The Studio Building is one of the early group of masonry buildings constructed to replace downtown’s pioneer, wood-frame commercial buildings. The building is distinctive because it is the only one with a tile mansard roof and rounded window bays. The first-floor storefront bays were built as a series of alternating rounded and pointed arches, some of which have been covered. Set into the tile floor at the entrance is a mosaic picture of a palette and paint brushes and the name “Studio Building.” 

The building was constructed by Frederick H. Dakin and built for his company which handled investments in gold mines and real estate. His son, Clarence Casebolt Dakin, and niece, Edna Deakin (one side of the family changed the spelling of their name), were practicing architects in Berkeley at the time of construction, but there is no record of who designed the building. Bricks used for the foundation were manufactured by Dakin in Stege, Calif. 

The Mason McDuffie Real Estate Company occupied the ground floor from 1905 until they built the building across the street in 1928. Many older pictures show the building with Mason McDuffie signs on it. 

The studio part of the building was the fifth floor designed as artist studios and included a gallery. In December 1906, the first art exhibit was held; it was sponsored by Frederick Dakin, Mrs. John Galen Howard, and Mrs. William Keith. Exhibitors were Frederick Dakin’s brother, Edwin Deakin, William Keith, and Raymond Yelland. Building tenants included architect John Hudson Thomas and photographer Oscar Maurer. After the 1906 earthquake and fire Frederick H. Meyer moved his design studio from San Francisco to the Studio Building, where he founded the College of Arts and Crafts. Although the College moved after one year, the earliest instructors taught in this building and included Meyers, Perham W. Nahl, Isabelle Percy West, and Xavier Martinez. 

For many years the building was a hotel; it was restored in the late 1970s.  

Susan Cerny is author of Berkeley Landmarks and writes this in conjunction with the Berkeley Architectural Heritage Association.  



Rushdie on the road...

By Emily Fredrix
Saturday October 05, 2002

ST. LOUIS – Author Salman Rushdie says his trips through airport security lines are slow again. 

At first, the author said he took the attention personally, remembering his years of hiding after his novel, “The Satanic Verses,” generated death threats from Muslims who found the work insulting to Islam. 

But Rushdie said he asked around and learned that he is being singled out because he’s a book-touring author with a perpetual one-way ticket. 

“It’s one of the problems of book touring,” he said Wednesday from Minneapolis, a stop on an American and Canadian book tour that brought him to St. Louis for an appearance at Washington University Thursday and another on Friday. The author was in Berkeley last month. 

And when he goes through airport security checks, he said, “I meticulously remove my shoes and inform them I do not have box cutters; I don’t plan on hijacking a plane any time soon.” 

The 55-year-old Rushdie, author of “The Moor’s Last Sigh,” “Shame” and “Midnight’s Children,” which won the Booker Prize, is currently promoting “Step Across This Line,” a book of essays that includes descriptions of his nine years of hiding because of a fatwa death edict. 

His visit to Washington University had been scheduled for last October, but university officials postponed it because local police said they could not provide adequate support for the event in the wake of the Sept. 11 terrorist attacks. 

Since Ayatollah Ruhollah Khomeini’s 1988 fatwa — or Islamic edict — against Rushdie was lifted by the Iranian government in 1998, the author has regained his freedom, moving to New York from London and traveling at will throughout the world. Rushdie was born Muslim but says he no longer practices the religion. 

“For almost four years I have had a pretty uneventful, security-free existence,” Rushdie said. 

In his new book, he gives advice to Americans about living with terrorism in a post-9/11 world. 

“The thing about fear is you’ve just got to get over it,” he said. “Living with danger is not going to stop you.”



Calendar

Saturday October 05, 2002

Saturday, Oct. 5 

Day of Service  

10 a.m. to 3 p.m.  

Cal Corps Public Serice Center joins for a day of service projects in Berkeley. 

643-0306 

Free. 

 

Berkeley National Lab Open House 

10a.m. to 4 p.m. 

1 Cyclotron Rd. 

Live music, food, lectures, job fair, etc. 

495-2222 

Free. 

 

Leading Edge Technology Conferece 

9 a.m. to 7 p.m. 

Haas School of Business, Arthur Andersen Auditorium, 2200 Piedmont Ave. 

594-748 for more info. 

 

Berkeley Historical Society Walking Tour 

10 a.m. 

Call for meeting point information. 

Photographer Allen Stross will lead a tour of the various art institutions located near San Pablo Ave. and Ashby Ave. 

Call for reservations: 848-0181 

www.ci.berkeley.ca.us./histsoc/ 

$10 donation 

 

Elmwood Neighborhood Fall Festival 

10 a.m. to 6 p.m. 

St. John’s Presbyterian Church, 2727 College Ave. 

This “giant block party” includes Korean BBQ, tap dancing, Baroque organ recital,  

the Pacific Mozart Ensemble, and seminars on health and Japanese food. 

845-6830 

Free 

 

East Bay Solar Home Tour 

10 a.m. to 4 p.m. 

Cedar Rose Park (first stop) 

Attendees collect a map to guide them  

on the self-guided tour—eight homes in Albany, Berkeley and Oakland in all. 

531-1184 

$15 per car. 

 

Sunday, Oct. 6 

Eckanka Worship Service 

10:30 to 11:30 a.m. 

East Bay ECK Center, 3052 Telegraph, near Whole Foods 

“How to Survive Spiritually in Our Times” 

549-2807 

 

“A Jewish Religious Perspective on the Palestinian/Israeli Conflict and Prospects for Peace” 

12 p.m. 

First Congregational Church of Berkeley, 2345 Channing Way 

Rabbi Michael Lerner will speak. 

848-3693 

 

War Tax Resistance Information  

and Support Gathering 

4 to 6:30 p.m. 

1305 Hopkins St., near Peralta. 

Join others who refuse to pay taxes for U.S. militarism at this monthly  

potluck supper. 

843-9877 

Free: bring food or drink to share. 

 

Monday, Oct. 7 

Free Homework Assistant  

at Young Adult Project 

Martin Luther King Youth  

Services Center 

1730 Oregon St.  

Young Adult Project (YAP) has a  

homework program for ages 7-13. A scheduled appointment is needed.  

Snacks and transportation are provided. Priority given to south and west  

Berkeley students.  

981-6670 

 

NOW Meeting 

6 p.m. 

Mama Bears Bookstore and Coffee House, 6536 Telegraph Ave.  

Monthly meeting of the National Organization for Women. Lorraine Provost, executive director of the Alameda County Commission on the Status of Women will speak. 

287-8948 

 

School Board Candidates Night 

7 to 9 p.m. 

The Florence Schwimley Little Theaterat Berkeley High, Allston Way at Martin Luther King, Jr. Way 

Candidates will speak and answer questions. Sponsored by the PTSA and the League of Women Voters 

BHSetree@HighSchoolEmail.com 

 

Berkeley Gray Panthers Home Owners Meeting 

3 p.m. 

Berkeley Gray Panthers Office, 1403 Addison St., behind Univesity Ave. at Andronico’s supermarket. 

Jane Kadosh will talk about real estate ethics. 

548-9696 

 

Wednesday, Oct. 9 

Berkeley Free Folk Festival Tour 

3 p.m. 

Meet at Malcom X School  

1731 Prince St. 

Join the Berkeley Free Folk Festival for a tour of possible festival locations. 

649-1423 

Free. 

 

Thursday, Oct. 10 

Public School Finance Discussion - League of Women Voters 

Noon to 2 p.m. 

Albany Public Library, 1247 Marin Ave. 

843-8824 

Free. 

 

Natural Building and Permaculture Slide Show 

7 p.m. 

Ecology Center, 2530 San Pablo Ave. near Dwight Way 

Slide show and presentation by Kat Steele and Erin Fisher. 

548-2220 x233 

Free 

 

Grandparent Support Group 

10 to 11:30 a.m. 

Malcom X Elementary Arts & Academics School, 1731 Prince St. Rm.105A 

644-6517 

Free. 

 

Come and Take a New Look at the Catholic Church 

7:30 to 9 p.m. 

Norton Hall at St. Mary Magdalen Parish, 2005 Berry St.  

For those feeling alienated from the Catholic Church, combined teams from four parishes offer this opportunity to ask questions and talk.  

653-8631 

 

Friday, Oct. 11 

Celebration of completion of the “Channing and Popai Liem Archival Collection” 

6 p.m. Reception 

7 p.m. Program begins 

Morrison Room, Bancroft Library, UC Berkeley 

UC Berkeley’s first Korean American archive has been completed. 

 

“Iraq and the Looming War” 

11:45 a.m. luncheon, 12:30 p.m. speaker 

City Commons Club, 2315 Durant Ave. 

Professor Bruce E. Cain, PhD, department of political science at UC Berkeley will speak. 

526-2925 or 665-9020 

$11.50 or $12.50 luncheon 

$1 speaker only / students free 

 

 

 

Saturday, Oct. 5 

Lavay Smith & Her Red Hot Skillet Lickers 

7:30 p.m. 

Ashkenaz 1317 San Pablo 

525-5054 

$11. 

 

Leon Bates 

7:30 p.m. 

Calvin Simmons Theatre, 10 10th St. 

Pianist Leon Bates offers works by Mozart, Brahms and Chopin. 

451-0775 or www.fourseasonsconcerts.com 

$25-$35. 

 

All Bets Off, Benumb and Uphill Battle 

8 p.m. 

924 Gilman St. 

525-9926 

$5. 

 

House Jacks  

8 p.m. 

Freight & Salvage, 1111 Addison St. 

548-1761 or www.freightandsalvage.com 

$16.50 in advance. $17.50 at door. 

Sunday, Oct. 6 

Joaquin Diaz 

7:30 p.m. 

Ashkenaz 1317 San Pablo 

525-5054 

$11. 

 

Jimmie Dale Gilmore  

8 p.m. 

Freight & Salvage, 1111 Addison St. 

548-1761 www.freightandsalvage.com 

$17.50 in advance. $18.50 at door. 

 

African Children’s Choir 

9 a.m. and 10:30 a.m. 

First Presbyterian Church, 2407 Dana St. 

These African children, ages 5 to 12, are staging a series of concerts across the U.S. as a gesture of hope towards victims of Sept. 11. 

Free 

 

Ledisi and the Braxton Brothers 

4:30 p.m. 

Jazzschool, 2087 Addison St. 

845-5373 

$10-15. 

 

Yaphet Kotto, The Fleshies  

and Lesser of Two 

8 p.m. 

924 Gilman St. 

525-9926 

$5. 

 

Monday, Oct. 7 

Holly Gwinn Graham, Joel Landy and Lynda Williams 

7:30 p.m. 

Freight & Salvage Coffee House  

1111 Addison St. 

Benefit concert for the Global Network Against Weapons and Nuclear Power in Space.  

548-1761 

$15.50 in advance. $16.50 at the door. 

 

Thursday, Oct. 10 

M Headphone w/ Lowrise 

8:30 p.m. 

Bear’s Lair Brewpub 

704-4492 

$5, 18 and over. 

 

Saturday, Oct. 12 

Rilo Kiley (saddle creek) and Arlo (subpop) 

5:30 p.m. 

Bear’s Lair Brewpub 

704-4492 

$5, 18 and over. 

 

Kira Allen 

6:30 p.m. Open mic sign-up 

7:00 p.m. Reading 

Berkeley Art Center, 1275 Walnut St.  

Presented by Rhythm & Muse 

527-9753 

Free / donations accepted 

 

Sunday, Oct. 13 

Jenna Mammina and Andre Bush 

4:30 p.m. 

Jazzschool, 2087 Addison St. 

Jazz standards, obscure cover tunes and original compositions. 

845-5373 

$10-$15. 

 

 

“Please Pay Attention” 

Tuesday, Oct. 8 through Oct. 25 

4 p.m. to 7 p.m. 

Worth Ryder Gallery, 116 Kroeber Hall 

UC Art graduates feature drawings, video, etc. 

DepartmentofArtPractice 

 

"Balancing Acts" 

Through Oct. 10 

Gallery 555, 555 12th St., 

Oakland City Center 

Oakland's 'Third Thursday' art night  

features Ann Weber's works  

made of cardboard. 

http://www.oaklandcitycenter.com.  

Free. 

 

Ceramics - Opening Reception 

Through Nov. 17 

3 to 5 p.m. 

A New Leaf Gallery, 1286 Gilman St. 

525-7621 

Free. 

 

“Hunger: What will you do about it?”  

Through Oct. 30  

Mon.-Fri., 9 a.m. to 5 p.m. 

The Civic Center Building 

2180 Milvia St., 5th floor 

Featuring 40 photographs  

by Berkeley artist David Bacon. 

834-3663, Ext. 338,  

uchanse@secondharvest.org 

 

Richard Misrach, Berkeley Work 

Though Oct. 13 

UC Berkeley Art Museum & Pacific Film Archive, 2626 Bancroft Way 

On view in Gallery 2, presents two photographic series by this internationally recognized Berkeley-based artist.  

642-0808, www.bampfa.berkeley.edu 

$7. $5 BAM/PFA members.  

$4 UC Berkeley students. 

 

 

 

 

 

Berkeley Ballet Theater’s Youth Company 

Sunday, Oct. 6 

2 p.m. 

Julia Morgan Center, 260 College Ave. 

The Youth Company has been selected to perform in an Austrian dance festival in 2003. This is a special performance to raise travel funds. 

843-4687 

$10 general / $5 under 14 

 

Shakespeare’s Julius Caesar 

Through Oct. 12 

Thurs. through Sat. 8 p.m. 

LaVal’s Subterranean Theatre  

1834 Euclid Ave. 

234-6046 

$10. 

 

The House of Blue Leaves 

Through Oct. 20 

Berkeley Rep's Roda Theater  

2015 Addison St.  

647-2949 or 888-4BRTTIX 

$10-$54. 

 

The Shape of Things 

Through Oct. 20 

Aurora Theatre Company  

2081 Addison St. 

Play by writer/director Neil LaBute's spins a morality tale of a young art student, his art major girlfriend, and the Pygmalion-like changes that bring into question how far one should go for love. 

843-4822, www.auroratheater.org for reservations 

$26-$35. 

 

Escape From Happiness 

Through October 20 

Zellerbach Playhouse, UC Berkeley Campus 

UC Berkeley’s department of theater, dance, and performance studies presents this dark comedy exploring the interactions of a highly dysfunctional urban working-class family. 

www.ticketweb.com or (866) 468-3399 

http://theater.berkeley.edu 

$8-$14 



Yellowjackets romp over De Anza in league opener

By Jared Green
Saturday October 05, 2002

The Berkeley High football team continued to steamroll its opposition on Friday night, demolishing De Anza High 33-6 in the league opener for both teams. 

Fullback Aaron Boatwright ran for 159 yards and quarterback Dessalines Gant threw for 152 yards and two touchdowns for the Yellowjackets, who have now outscored their opponents 131-27 on the season. 

The Berkeley defense also did its part, forcing five turnovers and holding the Dons scoreless until late in the fourth quarter. Safety Robert Young had two interceptions in 27 seconds in the first half, while Chris Watson settled for a single pick when his 100-yard interception return was called back on a Berkeley penalty. 

Berkeley’s special teams even pitched in with a touchdown, as Sean Young returned a punt 52 yards for his team’s only score of the second half. 

“I’m pretty satisfied with the way we played today,” said Berkeley head coach Matt Bissell. “We came out strong in the first half and never really let [De Anza] get in the game.” 

The Jackets opened the game with a remarkable 15-play touchdown drive that ate nearly eight minutes off the clock, with Antoine Cokes plunging over the goal line from a yard out. When safety Patrick Henderson picked off a pass on De Anza’s second play from scrimmage, it looked like another squash job for Berkeley. 

The De Anza defense and some untimely penalties stalled the ensuing drive at the 28-yard line, and kicker Terrell Elliott came on to try a long field goal. But the snap was over holder Jeff Spellman’s head, an apparent disaster. 

Spellman picked up the ball and scrambled away from two tacklers. With both teams converging on the ball, Berkeley tight end Robert Hunter-Ford rumbled down the field by himself. Spellman tossed a high pass towards Hunter-Ford, who made a twisting, leaping catch in the back of the end zone for a 13-0 Berkeley lead. 

“Everything doesn’t always go perfect,” said Spellman, who played most of the second half at quarterback in relief of Gant. “Sometimes you have to make something out of nothing.” 

The botched-kick-turned-touchdown seemed to break De Anza’s spirit, as Berkeley scored twice more before halftime. The Dons drove down to the Berkeley nine-yard line only to fumble the ball away, and the Jackets answered with a touchdown when Hunter-Ford came down with a jump ball in the end zone on a fourth-and-goal from the 19. Hunter-Ford used a bit of his rebounding technique learned on the basketball court to yank the ball away from two defenders for his third touchdwn catch of the year. 

Another De Anza turnover set the stage for Berkeley’s biggest play just before halftime. Robert Young tipped away a pass with 27 seonds left in the half and managed to grab the ball before it hit the turf. Although three straight penalties knocked the Jackets back to their own 28-yard line, they needed just one play to make up that yardage and more. Sean Young went in motion to the right and found himself uncovered on the sideline. Gant didn’t miss the opportunity, hitting Young in stride for an easy 72-yard touchdown. 

Gant was impressive in his first start as signal-caller, showing nice pocket presence and a cannon arm. The senior, who played in the second half of the two previous games, completed 5-of-10 passes. 

“I felt pretty comfortable. I know I made some mental mistakes that I’ll have to work on in practice,” Gant said. “but my offensive line gave me a lot of time, so it wasn’t too hard.” 

Bissell refused to name his starter for next week’s game against Encinal, although he did praise Gant’s performance. 

“I thought Dez played well, I was very happy with what he did tonight,” Bissell said. “But Jeff played well too. We’ll have to watch the tape and practice next week and make a decision.” 

 

ley nine-yard line only to fumble the ball away, and the Jackets answered with a touchdown when Hunter-Ford came down with a jump ball in the end zone on a fourth-and-goal from the 19. Hunter-Ford used a bit of his rebounding technique learned on the basketball court to yank the ball away from two defenders for his third touchdown catch of the year. 

Another De Anza turnover set the stage for Berkeley’s biggest play just before halftime. Robert Young tipped away a pass with 27 seonds left in the half and managed to grab the ball before it hit the turf. Although three straight penalties knocked the Jackets back to their own 28-yard line, they needed just one play to make up that yardage and more. Sean Young went in motion to the right and found himself uncovered on the sideline. Gant didn’t miss the opportunity, hitting Young in stride for an easy 72-yard touchdown. 

Gant was impressive in his first start as signal-caller, showing nice pocket presence and a cannon arm. The senior, who played in the second half of the two previous games in relief of Spellman, completed 5-of-10 passes. 

“I felt pretty comfortable. I know I made some mental mistakes that I’ll have to work on in practice,” Gant said. “but my offensive line gave me a lot of time, so it wasn’t too hard.” 

Bissell refused to name his starter for next week’s game against Encinal, although he did praise Gant’s performance. 

“I thought Dez played well, I was very happy with what he did tonight,” Bissell said. “But Jeff played well too. We’ll have to watch the tape and practice next week and make a decision.” 

Notes: Berkeley’s junior varsity team tied with De Anza, 12-12.



UC unions get heat for August strike

By David Scharfenberg
Saturday October 05, 2002

 

A state labor board has ordered UC Berkeley lecturers and clerical employees to defend the legality of a joint, late-August strike that led to class cancellations and other disruptions. 

If the campus employees can’t convince the Public Employment Relations Board that they were legally entitled to strike, the board could block future strikes and even impose fines. 

The board ordered meetings on the matter in response to university complaints about the Aug. 26-28 strike. 

Union and university officials will meet with PERB Regional Director Anita Martinez Nov. 14 to seek an informal resolution to the university’s legal concerns. If no agreement is reached, a formal hearing would follow with an official ruling by PERB. 

University officials hailed the PERB decision to hear their complaint as a victory. 

“It confirms the seriousness of the issue and clearly, to us, it signals that PERB wants to address these kinds of strike actions,” said University of California spokesperson Paul Schwartz. 

But union officials said they will be victorious in any PERB hearing. 

“It was, in fact, a legal strike and it will be determined to have been a legal strike,” said Margy Wilkinson, chief negotiator for the Coalition of University Employees, which represents 18,000 clerical workers in the nine-campus UC syCUE has been locked in contract negotiations with the university since last year, battling over wages and workplace safety. The next negotiating session is set for Oct. 10 and 11. 

The clerical and lecturers unions are not allowed to strike as a bargaining tactic, but can walk off the job if the university engages in any “unfair labor practices.”  

The unions have filed dozens of unfair labor practice charges against the university on a range of issues, including the university’s treatment of temporary employees, but has not received a PERB ruling on any of them. Nonetheless, Wilkinson said the filings form the basis for a valid strike. 

Schwartz, pointing to state law and past PERB rulings, said the unions cannot engage in a legal strike until they have exhausted the formal collective bargaining process, which includes state mediation among other measures. 

Robert Thompson, general counsel for PERB, said the case law is unclear. A series of PERB rulings in the 1980s would suggest that the unions cannot strike before exhausting the collective bargaining process, he said, but a mid-1980s California Supreme Court decision on a sanitation workers strike in Los Angeles County, granting public employees the general right to strike, may give ammunition to the unions. 

“That’s a pretty gray area,” he said. 

Thompson said the types of charges filed by the unions and the university in this case tend to fizzle out because the two sides reach a contract settlement before PERB rules on the charges and agree, as part of the settlement, to drop the charges. 

Michelle Squitieri, a union representative for the roughly 600 lecturers at UC Berkeley, said the university filed the illegal strike charge with PERB as an intimidation tactic, discouraging employees from future strikes. 

“This is not about intimidating employees,” Schwartz responded. “It’s about the unions honoring the collective bargaining process as stated in the law.” 

 

 

Contact reporter at scharfenberg@berkeleydailyplanet.netstem. 



Leading right?

Khalil Bendib
Saturday October 05, 2002

To the Editor: 

 

Reading the pro-Dean letter in the (Daily Planet Forum, Sept. 23), I’m very pleased to see that someone, somewhere in Berkeley has a use for our current mayor, Shirley Dean.  

However, I’m personally wondering what good is a mayor who constantly puts down her own town, habitually siding against us with big business and corporate interests from outside of town, constantly trying to homogenize Berkeley in the image of the rest of the country, complaining that too many of her constituents are “stuck in the ‘60s,” encouraging other cities and businesses to boycott Berkeley for daring to speak out against war and injustice. 

How many times has Shirley coldly betrayed her constituents while claiming that she was really on our side? During the KPFA crisis, for example, after blatantly siding with her friend Lynn Chadwick and the rest of the Pacifica management (saying we needed to look on “both sides” of the issue and steadfastly refusing to support a hemorrhaging KPFA) she ended up pretending to be on our side when it became obvious how passionately Berkeley residents supported their community radio station.  

Wasn’t it Shirley Dean who advocated for a 500-car garage under Civic Center Park, while posing a few days ago for a photo at the annual Streams and Rivers celebration at the park, as if bringing hundreds more cars downtown would somehow help local creeks like Strawberry Creek, which runs right by the park?  

And wasn’t it the same Shirley Dean who “ostensibly promoting a hate-free environment in our city” pushed to hire the Anti-Defamation League “ a group convicted for its own hate crimes of spying and disinformation against tens of thousands of innocent US citizens” as our proposed “sensitivity trainer”?  

With moderates like this, who needs right-wing conservatives? 

 

Khalil Bendib,  

Berkeley 

 



‘Bloody Sunday’ doesn’t back away

By Ben Nuckols
Saturday October 05, 2002

Most movies bend over backward to explain everything to the audience; not so with “Bloody Sunday,” Paul Greengrass’ uncompromising recreation of Derry, Northern Ireland, on Jan. 30, 1972 — the day British soldiers shot 27 unarmed protesters, killing 13. 

The accents run thicker than Guinness, and everybody talks at the same time; the handheld camera stays right in the middle of the action, never pulling back for a god’s-eye view of the proceedings; and the pace is relentless. 

By placing you right in the thick of things, writer-director Greengrass elicits the frustration and confusion of the participants on both sides. There’s no time to catch your breath, no time to step back and reason through what’s going on. 

The movie begins by cutting between plans by Derry’s Catholics for a peaceful march and the British army’s plans to contain it. Led by their member of Parliament, Ivan Cooper (James Nesbitt), the people of Derry are marching for basic civil rights, protesting the mass internment without trial of suspected Irish Republican Army members. 

Greengrass portrays naivete on both sides leading up to the confrontation — Cooper’s belief that the march can go forward peacefully, and the army’s belief that it can arrest hundreds of young “hooligans” and send a proper message. The film is not without sympathy for the soldiers, who feel out of their depth as they try to contain, not engage, an unruly crowd. 

Violence erupts quickly and chaotically. Facing resistance as they try to forcibly alter the parade route, a few soldiers hear what sound like gunshots — we never learn for sure what they are. Fearing that the protesters are armed, they open fire and begin mowing them down. 

Nesbitt anchors “Bloody Sunday” with his forceful, ultimately heartbreaking performance as Cooper, a Protestant who sees his Catholic constituents enduring basic human injustice. Cooper begins the day as a cheerfully harried politician who sees himself as a disciple of Martin Luther King Jr. (The protesters even sing “We Shall Overcome.”) 

But he becomes grim and taciturn as he’s forced to console distraught families while digesting his personal failure to effect peaceful change. At the end of the day, he articulates his own helplessness, telling the British in a press conference: “You’ve destroyed the civil rights movement, and you’ve given the IRA the biggest victory it will ever have.” 

Other recognizable British and Irish actors pop up in pivotal supporting roles: Gerard McSorley, who specializes in stern, slippery Irish authority figures, has a sympathetic turn as Derry’s police superintendent. With a smattering of dialogue and a handful of wordless close-ups, he communicates the frustration of local authorities who know they could have done a better job preventing the violence. 

Greengrass’ just-the-facts approach falters when he attempts a Romeo-and-Juliet subplot, involving a Catholic lad trying to distance himself from the hooliganism in his past for the sake of his Protestant girlfriend. Since the movie provides no context, the romance has no depth; they’re just two pups in love. 

For its blow-by-blow account of a military operation gone wrong, “Bloody Sunday” could be called a “Black Hawk Down” for the Troubles. But as the stirring U2 song about the events in the film plays over the closing credits, it becomes an elegy not only for the Derry victims but for everyone who died in the senseless violence that followed. “Bloody Sunday” is tightly coiled, powerful and terribly sad.



A’s take 2-1 playoff lead

By Dave Campbell
Saturday October 05, 2002

MINNEAPOLIS – The Oakland Athletics found a great way to quiet that noisy Metrodome – hitting home runs, both in and out of the park. 

Ray Durham led off the game with a sinking liner that let him circle the bases and Scott Hatteberg followed with a drive over the right-field wall, sending the Oakland Athletics past the Minnesota Twins 6-3 Friday for a 2-1 lead in their AL division series. 

Backed by four home runs off Minnesota starter Rick Reed, Barry Zito struck out eight in six innings for the win. Ricardo Rincon pitched two scoreless innings in relief and Billy Koch closed for the save. 

The shots by Durham and Hatteberg marked the first time in postseason history a team has hit back-to-back homers to start a game. 

Torii Hunter had two of Minnesota’s eight hits and capped a game-tying, two-run rally in the fifth with an RBI single. The All-Star center fielder, however, also was the who let Durham’s liner skip under his glove. 

Jermaine Dye’s homer in the top of the sixth made it 4-3 Oakland, and the A’s bumped their lead back to three in the seventh against Johan Santana. 

Randy Velarde, pinch-hitting for Hatteberg, hit an RBI double to score Durham, and moved to third on the throw home. Velarde scored on Miguel Tejada’s sacrifice fly off Mike Jackson. 

Zito (1-0) gave up five hits, three runs and four walks. 

Reed (0-1) threw 100 pitches and surrendered six hits, four runs and two walks while striking out eight.



Height limits on voter minds

By Matthew Artz
Saturday October 05, 2002

A November ballot measure to limit the height of Berkeley developments will lead to more traffic, dirtier air and less affordable housing, opponents of the initiative said at a televised debate Thursday. 

Supporters, however, claimed on public access television that the measure’s only consequences would be to make Berkeley a more livable and less crowded city. 

The height initiative, written by neighborhood advocates hoping to stop the proliferation of tall buildings in Berkeley, reduces allowable building heights along major traffic corridors, such as San Pablo Avenue, where the city has called for denser development. 

On San Pablo Avenue, allowable heights for buildings blending housing with commercial space would drop from four stories to two. Along parts of University, College and Shattuck avenues, building heights would drop by about one story. The exact limits would differ by area. 

Developers could apply to build an extra floor but would have to meet strict criteria showing that they’ve made efforts to maximize the number of living units. 

The initiative’s proponents Howie Muir and Norine Smith of the Berkeley Architectural Heritage Association, argued that the height initiative was a reasonable response to the city’s zoning process which they say is corrupted by developers and city officials. 

Meanwhile, the measure’s detractors Matthew Raimi and Nancy Bickel said the measure is a draconian response that will endanger Berkeley’s ability to care for its residents. 

Height limits imposed on streets like San Pablo Avenue would discourage developers from building housing and helping clean up older, crime-ridden neighborhoods, Raimi maintained. 

Muir, who like Raimi lives near San Pablo Avenue, disagreed. He said developers will still profit from smaller developments and, consequently, developers would continue to build. 

On charges that height limits would reduce the city’s supply of affordable housing, Muir said that most city efforts to provide housing come from converting current housing stock into affordable units, not building new ones. 

The two sides clashed on the initiative’s environmental impact as well. 

Smith said Berkeley should not be forced to accept dense, urban development under the pretense that it will preserve open space outside the city. “The idea that we can save open space in Contra Costa County, if we build more housing here is just ludicrous,” she said, adding that cities there will determine that question, not Berkeley. 

Raimi countered that the initiative would have serious ecological consequences for Berkeley residents and others in the Bay Area. By discouraging local development, 83,000 acres of open space would be overrun with sprawl, he said. 

On traffic, Raimi argued that denser development on transit corridors, which the height initiative would block, prompts fewer people to drive, resulting in less air pollution and fewer cases of asthma. 

Smith countered that streets labeled as transit corridors have historically had poor public transit and that most people who moved into new development would still need to use their cars. 

Both sides insist that their position best reflects the interests of Berkeley voters. 

 

Contact reporter at matt@berkeleydailyplanet.net 



The real issues facing Bush

Melissa Brosnan
Saturday October 05, 2002

To the Editor: 

 

Our president’s practice of smoke and mirror politics is becoming outrageous and ridiculous. George W. Bush and his cabinet must feel that the American public, and our representatives, are obtuse and oblivious to their chicanery. 

I hear comments daily from people left incredulous by the latest plans of this political organization: Where is the proof that Iraq has deadly weapons?; Is it legal for America to hold Iraq’s oil reserves as a stick over Europe?; Are they doing anything about our failing health care system?; Can we morally open the last pristine wilderness in this country to oil exploration?; Why disband the National Human Research Protections Advisory Committee?; What is the rational of moving the Animal Welfare Act under Homeland Security?; Can the government take away our rights to contest logging in our National Forests?; Will anything be done about the cost of prescription drugs?; Is there any rational to constantly placating the anti-abortion movement?; How can the United States continually disregard the U.N.’s opinion? 

Bush and his compatriots are all wealthy enough that they will not personally feel the impacts of these decisions. They are also taking advantage of the fact that Americans are still grieving the events of last year, reeling from the economic impact of the fall of many industry giants and dotcoms, shocked by losses to their retirement funds, dismayed by rising healthcare costs and depressed by the looming possibility of war with Iraq. Bush’s cronies seem to feel that this is the perfect opportunity to pull the wool over America’s eyes. 

 

Melissa Brosnan 

Berkeley 



Entertainment Briefs

Saturday October 05, 2002

San Francisco Opera projects $7.7 million deficit 

SAN FRANCISCO – The San Francisco Opera has projected a $7.7 million deficit for the 2002 fiscal year. 

The downturn in the Bay Area’s economy and the impact of the Sept. 11 terrorist attacks resulted in poor ticket sales, said Elizabeth Connell Nielsen, a spokeswoman for the opera. 

“We estimated a reduction of approximately $2.5 million in single-ticket sales as a direct result of 9/11,” she said Thursday. 

Two-thirds of the opera company’s shows opened after the terrorist attacks between September and November. 

Connell Nielsen explained that the company’s September 2002 opening of the gala production of Saint Francois d’Assise has not contributed to the fiscal 2002 deficit since it opened after the fiscal year’s end in July. 

Unlike other forms of art, opera costs cannot be cut at the last minute, Connell Nielsen said. 

“Opera has fixed costs that are set four to five years in advance,” she said. 

The unexpected economic downturn also resulted in a dramatic drop in donations to the opera, she said. 

 

Gaiman wins ‘Spawn’ suit  

MADISON, Wis. – A federal jury has upheld writer Neil Gaiman’s claim that he co-authored two characters in the “Spawn” comic books. 

Following Thursday’s decision, arbitrators must decide how much money series creator Todd McFarlane owes Gaiman for co-creating the characters Medieval Spawn and Cogliostro in an early “Spawn” issue. 

They also will decide how much McFarlane must pay Gaiman for not crediting him with writing part of another “Spawn” issue. 

Gaiman, author of the novel “American Gods” and “Sandman” comic books, lives in Menomonie in central Wisconsin. 

His lawsuit in U.S. District Court claimed McFarlane used Cogliostro, Medieval Spawn, and another character Gaiman created, Angela, without his authorization. 

Gaiman’s lawsuit also alleged McFarlane made a wrongful claim to Miracleman, a character in a comic book series Gaiman co-wrote with Alan Moore. The jury agreed. 

Afterward, McFarlane and Gaiman obliged a young fan by autographing a collaborative issue of “Spawn” that had landed them in court. 

 

National Enquirer to publish celebrity books 

NEW YORK – Scandal is headed for your bookstore. The National Enquirer is starting a line of true crime and celebrity books, with works planned on the Kennedys, Michael Jackson, O.J. Simpson and other tabloid favorites. 

“When we do a story, we do an enormous amount of research and interviews that never make it into the paper,” said Val Virga, president of the newly formed book division of American Media Inc., parent company of The National Enquirer.



Cal (3-2, 0-1 Pac-10) vs. Washington (3-1, 0-0 Pac-10)

Jared Green
Saturday October 05, 2002

When Cal has the ball 

 

The ground game 

The Huskies have been stingy against the run, allowing under 100 yards per game and just 2.9 yards per carry. Their front seven is a bunch of overachievers who swarm to the ball. If they can keep Joe Igber from bouncing outside, the Huskies shouldn’t give up much on the ground. 

 

In the trenches 

Washington has one of the smaller defensive lines in the Pac-10, but end Kai Ellis is a pass-rushing terror. He is fast enough to get around most offensive tackles and strong enough to throw in a bull-rush on occasion. How the Bears contain Ellis will be the key to their offense. 

 

Taking to the air 

The Huskies don’t have great cornerbacks, but they do have good depth in their secondary. Kyle Boller should have plenty of open receivers this week and could hit for some big gains. Jon Makonnen showed signs of becoming a top receiver last week. 

 

When Washington has the ball 

The ground game 

For years a power in the running game, Washington has struggled for the last two seasons. They are averaging just 3.1 yards per carry, but the banged-up Cal linebacking corps doesn’t bode well. Tailback Rich Alexis is always a big-play threat. 

 

In the trenches 

As always, Washington has a massive offensive line. But that didn’t hurt Cal too much against Baylor or Michigan State, so maybe the Bears match up better against bigger opposition. It’s key that they get some push from the defensive tackles, so Lorenzo Alexander may get a longer look. 

 

Taking to the air 

Quarterback Cody Pickett has thrown for more than 300 yards in every game this season, so it could be more bombs away against a Cal secondary that looked vulnerable against Washington State last week. In fact, count on some big plays from wideout Reggie Williams, as big receivers have killed the Bears this year. 



Biting testimony at day two of Wheeler hearings

By David Scharfenberg
Saturday October 05, 2002

Bites, attempted bites and legal skirmishes over evidence were at the heart of the second day of student conduct hearings for UC Berkeley pro-Palestinian protester Roberto Hernandez. 

University police officer Billy Brashear testified that Hernandez, one of 79 activists arrested in the April 9 takeover of the Wheeler Hall foyer, bit him on the hand during his arrest. 

“It hurt really bad,” said Brashear, who added that Hernandez admitted to the bite during a conversation several minutes after the arrest. 

But lawyers for Hernandez, who faces penalties ranging up to expulsion, emphasized during cross-examination that there is no evidence on police videos of the alleged bite or Hernandez’s alleged confession. 

They also noted that there are no photos of bite marks on Brashear’s skin. 

The officer said there were no marks because he was wearing thick leather gloves designed to protect against sharp objects. 

Hernandez faces five student conduct charges, ranging from disturbing the peace to assaulting an officer. His hearing began Monday and continued Friday. Testimony was not complete by Friday evening and is expected to continue sometime in the next three weeks. 

Hernandez, who has not yet testified, is the first of 32 students who will face conduct hearings. Nine students chose to skip hearings and accept a one-semester probation.  

The remaining 38 protesters who took part in the Wheeler Hall takeover, demanding that the nine-campus UC system divest from Israel, were not students. 

All 79 activists faced criminal charges in the wake of the protest, but the Alameda County District Attorney’s office dropped the charges in June. 

University police officer Ken Torres testified, before Brashear, that Hernandez attempted to bite him, pointing to a police video as evidence. 

The video shows Hernandez head moving toward Torres’s arm, but the view is blocked at the last moment. Defense attorneys contended that Hernandez’s head movement was simply an instinctive response to pain holds used by police officers during the arrest. 

“You don’t know that Mr. Hernandez attempted to bite you,” said defense attorney Noreen Farrell, addressing Torres. 

“From what I saw on the tape, I believe he did,” Torres responded. 

University officials and defense attorneys spent much of the hearing wrangling over an attempt by Hernandez to invalidate police videos, police reports and other key pieces of evidence. 

Hernandez’s lawyers contend that the Alameda County Superior Court, under the terms of the June deal to drop all criminal charges, sealed the videos and police reports on Hernandez and the other 78 protesters. That evidence, lawyers contend, cannot be used in student conduct hearings or in any other forum. 

Alameda County Deputy District Attorney Stuart Hing testified Friday that defense lawyers are misinterpreting the June agreement. 

“They’re trying to undo the agreement I agreed to,” Hing said. 

Defense lawyers said Hing is misinterpreting the agreement and they are pursuing the matter in court. 

 

Contact reporter at scharfenberg@berkeleydailyplanet.net



To the point on UC protester hearings

Sanne DeWitt
Saturday October 05, 2002

To the Editor:  

 

UC Berkeley is now holding hearings on the student demonstrators who disrupted a commemoration of the Holocaust last spring and took over Wheeler Hall. I urge the chancellor and the dean of student affairs to expel these students. 

 

Sanne DeWitt  

Berkeley 

 



Bears squeak past Wake Forest

Daily Planet Wire Service
Saturday October 05, 2002

 

No. 6 Cal ended No. 7 Wake Forest’s 10-game unbeaten streak with a 1-0 shutout Friday afternoon at Edwards Stadium. The Golden Bears improved to 7-2-1 with their third victory of the season over a top-10 program. The Demon Deacons dropped to 9-1-1.  

“Wake Forest is a very good team,” said Cal head coach Kevin Boyd. “They were undefeated coming in, and I anticipate that they’ll do very well in the ACC. Any time we can beat an out-of-region ranked team, and an ACC one at that, that’s a big win.”  

Senior midfielder Carly Fuller netted her latest game-winning goal against Wake Forest in the 69th minute. Cal freshman midfielder Jamie Mangiardi, who started her first collegiate game Friday, passed the ball to junior midfielder Kim Yokers, who found Fuller from about 15 yards out. Fuller’s shot rolled off the far post and into the back of the net for her fourth goal of the year.  

During Fuller’s freshman season at Duke, she scored the golden goal in a 3-2 win over the Deacons 30 seconds into overtime.  

“Carly is playing very well right now,” said Boyd. “Last weekend, she was probably our top performer. She had another great game today and got the goal.”  

Cal redshirt junior goalkeeper Sani Post recorded five saves to help the Bears preserve their fourth shutout of the season. The biggest of her saves came in the 86th minute when she snared Alena Thom’s diving header.  

The Bears had several good chances to score in the first half, including two quality shots from freshman forward Tracy Hamm in the 10th and 25th minutes, but Wake Forest goalkeeper Erin Regan came up with one of her seven saves.



Papermaster drops out of school board race

By David Scharfenberg
Saturday October 05, 2002

Parent activist Cynthia Papermaster has bowed out of the Board of Education race, narrowing the field to six candidates for three open spots on the five-member panel. 

Papermaster declined to discuss the specific reasons for her decision but issued a three-sentence statement on the move. 

“I regret that I am unable to continue my candidacy for school board,” she said. “A number of factors contributed to this decision. I will continue to work to improve the Berkeley public schools and to advocate for parent participation in the education of our children.” 

Papermaster had placed the issue of parent participation at the center of her campaign.  

The six remaining candidates include incumbents Shirley Issel and Terry Doran and challengers Sean Dugar, Derick Miller, Lance Montauk and Nancy Riddle. Incumbent Ted Schultz, who would face re-election in November, decided months ago to retire at the end of his term.



Is a fire alarm terrorism?

Leroy W. Demery, Jr.
Saturday October 05, 2002

 

To the Editor: 

 

A false fire alarm breaks the law, creates major disruption and may even place lives in jeopardy. But the “terrorism” label smacks of mindless hyperbole (reported in the Oct. 4 Daily Plant article “Staff ‘terrorized’ by false alarms”). Terrorism denotes an act of war. Berkeley High School co-principal Laura Leventer should know better. Equally irksome: I am old enough to remember an era when many men (and, regrettably, women) of my parents’ generation, would have snickered “feminine hysteria,” or worse. Ms. Leventer can certainly do better. 

 

Leroy W. Demery, Jr. 

former BHS math teacher 

Berkeley



News

Tensions heat up in Pakistan-India arms race

By Laurinda Keys
Saturday October 05, 2002

NEW DELHI, India — Pakistan and India, nuclear-armed rivals who came to the brink of war only four months ago, staged tit-for-tat missile tests Friday, increasing tensions and raising fears of a renewed arms race. 

India’s government called Pakistan’s test a publicity stunt ahead of next week’s general elections, the first since a 1999 military coup. 

Pakistan’s information minister, Nisar Memon, said India was trying to “turn this into an arms race” by testing a sophisticated surface-to-air missile the same day Pakistan tested a nuclear-capable surface-to-surface missile. 

The two countries have had 1 million soldiers on alert along their 1,800-mile frontier for most of the year and were close to all-out conflict in June before the United States, Britain and Russia mounted a diplomatic campaign to curb the hostilities. 

Both India and Pakistan portrayed their tests as routine and noted they had told each other of the plans in advance to avoid any misunderstanding. 

India said it conducted two missile tests last week without fanfare or criticism, and Defense Minister George Fernandes said there was no reason for concern. 

“I don’t see any reason why we should be worried about Pakistan conducting tests,” Fernandes said Friday in Bombay. “They have their missiles and they are testing (them). We have our missiles and we also do tests. 

“To tackle the situation today we must have the same strength that our neighbors have,” he said.


Oakland airport detainees released

By Ron Harris
Saturday October 05, 2002

 

OAKLAND — Four men taken off of a Phoenix-bound flight and questioned by FBI agents at Oakland International Airport were later released, authorities said. 

The FBI would only say early Friday that the men were released and the incident is under review. No other information, including the men’s identities, was immediately available. 

America West Flight 624 was inspected at Gate 4 and sent on its way about an hour later than scheduled Thursday, said airport spokeswoman Cyndy Johnson. 

The four men detained were ticketed for the flight and had boarded the airplane at the gate, Johnson confirmed. 

The airplane was a Boeing 737 with 83 ticketed passengers, including the four men removed by police and an air marshal, and five crew members, according to America West spokeswoman Patty Nowack. 

After the men were removed from the airplane, all the remaining passengers deboarded as well. The airplane was then inspected, the passengers reboarded, and the flight took off, Nowack said. 

The flight was delayed for about an hour because of the incident. It departed for Phoenix at about 6:30 p.m. and arrived safely at 8:17 p.m. 

Johnson said proper safety precautions were taken, though she did not know why the men piqued the interest of police and federal agents. 

“What this is demonstrating is that the security measures that are in place and have been at a heightened awareness since Sept. 11 are working,” Johnson said. 


East Bay ferry service to stop boats next year

The Associated Press
Saturday October 05, 2002

ALAMEDA — The Blue & Gold Fleet has filed paperwork with the California Public Utilities Commission to end ferry service between Alameda, Oakland and several San Francisco piers starting in January. 

No other company offers daily commuter ferry service from the East Bay to San Francisco. 

The PUC filing last month came as contract negotiations between the City of Alameda and the Blue & Gold continued. 

Blue & Gold Fleet spokeswoman Marla Bryant said the company is losing money on the service, at least $250,000 over the last year. 

Ridership has fallen from a total of 540,000 boardings a year — from Alameda and Oakland to San Francisco — to about 445,000 total boardings last year, said Alameda’s ferry manager Ernest Sanchez.


Police Briefs

Matthew Artz
Saturday October 05, 2002

n Car vandalism 

Vandals used peanut butter and soap to deface the car of a resident on the 2100 block of Blake Street Wednesday. According to police, the vandal used the sandwich food and cleaning material to write profane words on the victim’s Pontiac Grand Am. Police have no suspects. 

n Driving with drugs 

Police stopped a car on the corner of Dwight Way and McGee Avenue for a minor traffic violation at 7:30 p.m Wednesday. During a routine background check, the police officer was informed that the driver had an outstanding warrant for arrest. The driver was also found to have rock cocaine in his possession. Benjamin Dewitt, 27, was arrested for possession with intent to sell cocaine. 


Mediator tries to reopen ports as U.S. economy suffers

By Justin Pritchard
Saturday October 05, 2002

SAN FRANCISCO – Tempers cooled a bit as the dockworkers union and shipping companies returned to negotiations under the careful watch of a federal mediator, even as the port shutdown threatened to further hamper industries across the nation. 

The standoff appeared to ease Thursday when both sides emerged from one of their sessions. 

“We’re working hard. We plan to be here for as long as it takes,” said dockworkers union president Jim Spinosa. “We’re here to get a contract, whatever it takes.” 

But in the absence of an accord, a group of manufacturers planned to meet with White House officials Friday to press for intervention, and one association of manufacturers was in constant contact with members of President Bush’s cabinet including Commerce Secretary Donald Evans. 

The Bush administration has been called on by some politicians to intervene and repoen the waterfront. The administration says it hopes the sides can settle their differences at the negotiating table. 

The stalemate caused by a bitter contract dispute has stopped all commercial shipping at 29 Pacific ports for nearly a week. 

Both sides hunkered down Thursday and prepared for more long talks to come. 

“We were told to bring our toothbrushes,” said Joseph Miniace, lead negotiator for the Pacific Maritime Association, which represents shipping lines. 

The longer the association and the International Longshore and Warehouse Union take to reach a settlement, the more the economic effects furrow through the wobbly U.S. economy. 

“Every hour is another hour of economic harm,” federal mediator Peter Hurtgen said before Thursday’s negotiations began at a hotel here. “I think we all feel the pressure.” 

Along the coast, 162 ships were either idle at the docks or have dropped anchor, according to the shipping association. Another 13 were due to arrive by Friday morning. 

Food is rotting in cargo holds, railroads have halted grain shipments from the Midwest and already one part-starved auto plant near San Francisco has closed since the meltdown over a contract dispute led to a port closure that began last Friday and resumed Sunday after an abbreviated reopening. 

The work stoppage is hurting companies such as Colorado Springs, Colo.-based Elope Inc., a hat wholesaler that usually does brisk business this time of year. 

“We’ve already lost the Halloween business. It’s Christmas I’m worried about now,” said company chief executive Kevin Johnson. “If this isn’t resolved in the next week, we’re dead in the water.” 

Having already hit the transportation and manufacturing sectors, the lockdown is now causing increased concern in the U.S. agriculture industry, as evidenced Thursday by a sharp drop in wheat futures on the Chicago Board of Trade. 

The economic impact of the work stoppage was accelerating and could be costing the U.S. economy $2 billion a day, said Robert Parry, president of the Federal Reserve Bank of San Francisco. 

Pressure continues to mount on President Bush to intervene under the Taft-Hartley Act. Under the act. A president can block a strike or lockout for 80 days if the dispute will “imperil the national health or safety.” First, though, an inquiry board would investigate the issue, which could take several days. 

Sen. Dianne Feinstein, D-Calif., is among the lawmakers who have appealed for Bush to order the ports reopened under those powers. 

The last time the government intervened in a work stoppage under Taft-Hartley was 1978, when President Carter unsuccessfully tried to end a national coal strike. 

Meanwhile, AFL-CIO Secretary-Treasurer Richard Trumka urged Bush not to use Taft-Hartley. Over the summer, unions charged the White House with meddling in the talks, and the White House has since meticulously avoided the appearance of getting involved. 

Some business officials are concerned over the effect of a protracted ports shutdown. 

“I’m banking on the president stepping in to force the two sides to go back to work,” said Dennis Sheldon, senior vice president of Los Angeles-based clothing designer Guess Inc. “I’m convinced this is the number one domestic issue.”


Plant closures inevitable even if ports reopen, business leaders warn

By Simon Avery
Saturday October 05, 2002

LOS ANGELES – Even if the West Coast dock shutdown ends soon, many U.S. factories may have to shut down anyway because the parts they need will be caught in a huge backlog of cargo, business leaders said Friday. 

“It’s a foregone conclusion that assembly lines are going to close down,” said Robin Lanier, executive director of the West Coast Waterfront Coalition, which represents retailers and transportation companies that rely on the ports. 

Even if President Bush immediately invokes the Taft-Hartley Act and declares an 80-day cooling-off period, manufacturers will not be able to avoid interruptions on their assembly lines, she said. 

“The challenge is going to be the chaos and bedlam on the water as they try to pull things out,” said Michael Damer, spokesman for New United Motor Manufacturing near the port of Oakland, which has been idle since Wednesday, halting the assembly of Toyota and Pontiac cars and trucks. 

Household names in American manufacturing may run out of parts and be forced to shut down their assembly lines in the next few days, said Darren McKinney, spokesman for the National Association of Manufacturers. 

“They are running up against the wall very quickly,” he said. 

Nissan and Boeing were among the companies feeling the pinch from the shutdown that began Sunday at the nation’s 29 West Coast ports in Washington, Oregon and California. The shutdown is costing the U.S. economy an estimated $2 billion a day. 

Almost 200 ships laden with Asian cargo were left waiting along the coast, cutting off supplies for manufactures and retailers awaiting holiday goods. 

Union Pacific, the nation’s largest railroad, had 55 trains parked across the western United States, unable to move cargo. Grain shipments bound for export are sitting in warehouses and growers of perishable goods like apples and citrus worry that their harvests will not reach lucrative Asian markets. 

On Friday, dockworkers and management met for a second day with a federal mediator in an effort to reach a new contract before the weekend. 

Business groups pushed for government intervention and met Friday with officials at the White House. 

“We will make the case abundantly clear that an extended shutdown of the ports will have a catastrophic effect on the economy,” McKinney said.


Organic food companies in tussle

By Paul Elias
Saturday October 05, 2002

SAN FRANCISCO – Spectrum Organic Products Inc. works so hard to ensure the food it sells is free from genetically modified organisms that it sends employees as far as France to purchase corn oil guaranteed to be untainted by biotechnology. 

These extra costs can be worthwhile because some consumers are willing to pay a premium for food labeled “GMO-free,” as Spectrum once stamped on its bottles of canola oil. 

But under pressure from the Food and Drug Administration, Spectrum changed the bottles’ labels. The FDA says it’s misleading to suggest that genetically modified ingredients are inferior. 

That stance has deepened a growing rift between food producers. While the FDA’s action angers the organic community, it delights the biotech and processed food industries. 

“We now struggle to find a way to maintain our commitment to consumers while acceding to FDA demands,” Neil Blomquist, president of Petaluma-based Spectrum, wrote in a letter to the FDA. 

Spectrum’s letter was responding to a November agency missive that questioned the technical accuracy of Spectrum’s “Verified Non-GMO” labels. 

The FDA letter noted that traditional selective breeding methods, where crops with ideal traits are bred together, can also be considered genetic modification. Five other companies received similar letters. None were threatened with action. 

The FDA says the labels may run counter to draft guidelines it published in January 2001 that also reject any requirement to label bioengineered foods as such. An FDA spokesman had no comment on the letters, saying the agency must first review public responses to the draft guidelines. 

“It’s pretty confusing,” said Blomquist. “There aren’t any regulations. There are only recommendations.” 

Still, Spectrum has reduced the information to small print on the back of the bottle: “Third-party verified, this oil is made from canola that was not genetically engineered.” 

Other organic companies receiving letters have reluctantly agreed to modify their labels — or do away with them completely. 

“We don’t agree the labels were misleading,” said James Kelly, chief executive of Van’s International Foods, which dropped its non-GMO label from its organic waffles this year. “But I have better things to spend my time on.” 

Two other producers are working with the FDA on label revisions. Many others continue to brand their products GMO-free. 

“It’s a marketing ploy that some organic companies are using,” said Stephanie Childs of the Grocery Manufacturers of America, which supports biotechnology. “It’s definitely misleading.” 

The FDA letters were sent in response to a complaint from the nonprofit Center for Science in the Public Interest, which broke ranks with its usual left-leaning allies when it came out in support of genetically engineered food. The center obtained copies of the FDA letters through a Freedom of Information Act request. 

Meanwhile, the organic lobby is clamoring for labels on foods with engineered ingredients. 

“It’s ridiculous that the FDA is spending its time going after these small companies,” said Simon Harris of the Berkeley, Calif.-based Organic Consumers Association. “The FDA should be more concerned with the other side of this debate.” 

A measure on the November ballot in Oregon would require such labels. A consortium of food and biotechnology companies raised $4.6 million through Sept. 20 to defeat it; pro-label proponents raised about $84,000. If the Oregon measure passes, it would be the first such law in the United States. 

Abroad, however, 19 countries require labeling and the European Union has since 1998 banned the sale of any new engineered products. 

The ban has angered U.S. exporters and hampered the growth of European agricultural biotech firms. The EU is expected to consider lifting the ban later this year, but may require labeling, which could be a boon to U.S. organic food companies who guarantee their products are biotechnology-free. 

Only about a dozen genetically engineered crops are approved for human consumption, including corn, soy and tomatoes. The crops are engineered to better resist pests and weed killers. The FDA says the ingredients are just as safe as those produced by conventional methods. 

U.S. officials have said the labeling could cost U.S. companies $4 billion a year. The Bush administration opposes mandatory labeling. 

Meanwhile, the U.S. Department of Agriculture is set to implement new organic standards Oct. 21. 

If a product claims to be organic, it must have been produced without pesticides, genetic engineering, growth hormones and irradiation. Whether consumers will understand that an “organic” sticker means the product is biotechnology-free remains in doubt. 

“The consumer is pretty ignorant about this,” said Spectrum’s Blomquist.


Steve Jobs resigns from Gap’s board

By Michael Liedtke
Saturday October 05, 2002

SAN FRANCISCO – Gap Inc. on Thursday disclosed that Silicon Valley pioneer Steve Jobs resigned from its board of directors, just days after the struggling retailer switched chief executive officers. 

Jobs, co-founder and CEO of Apple Computer Inc., had been a Gap director since 1999 – the same year that Gap’s longtime leader, Millard “Mickey” Drexler, joined the personal computer maker’s board. 

Drexler retired as Gap’s CEO last week when the San Francisco-based company hired Paul Pressler to lead its efforts to reverse a 28-month sales slide. Pressler, hired away from Walt Disney Co., is expected to join Gap’s board. 

Jobs had served on Gap’s corporate governance committee – a watchdog position that has become more important amid a wave of business accounting scandals that have rattled investors. 

Gap said Jobs stepped down “to focus on other priorities.” Besides his duties at Cupertino-based Apple, Jobs also is CEO of Pixar Animation Studios, the maker of “Monsters Inc.” and several other hit movies. 

Jobs missed one-third of Gap’s board meetings last year, according to documents filed with the Securities and Exchange Commission. Jobs and stock brokerage magnate Charles Schwab were the only Gap directors who didn’t attend at least 75 percent of the company’s board meetings last year, the SEC documents said. 

Gap pays its non-employee directors $36,000 annually, plus attendance bonuses. Jobs waived his Gap compensation last year. 

Gap filled the board opening created by Jobs’ departure with Penny Hughes, a former Coca-Cola Co. executive in Europe. 

Pressler and the Gap’s board are under pressure to heal the company’s ailing stock. The company’s shares fell 79 cents Thursday to close at $9.17 – down 34 percent so far this year and well below its record high of $53.75, reached before Gap’s sales slump began in May 2000.


New drug from Thailand is a hit on West Coast

By Louise Chu
Saturday October 05, 2002

SACRAMENTO — The newest thing to hit the underground club scene in California is a sweet, colorful little pill that can keep someone dancing all night long. 

But what may seem as harmless as candy is a new form of methamphetamine called ya ba, a Thai name meaning “crazy drug,” that is said to be significantly more powerful — and dangerous — than the current club drug of choice, Ecstasy. 

Last month, federal agents in Sacramento made the largest bust of ya ba smugglers since the drug first appeared in the United States three years ago. The arrests of 10 people in Sacramento for allegedly smuggling 75,000 pills from Thailand and Laos came after U.S. Customs seized 46 shipments of ya ba in Oakland, San Francisco, Los Angeles and Honolulu, which were destined for Sacramento addresses. 

So far, ya ba has appeared mainly in Southeast Asian communities around California, but law enforcement’s efforts have been hampered because “we’re talking about a pretty closed community, so it’s pretty hard to get information about that,” said Daniel Lane, the lead U.S. Customs official in Sacramento. 

Some drugs have started out in a niche market and gradually spread into the mainstream community. Oxycontin, a prescription painkiller that has also shown up on the underground club scene, first gained a following in poor, rural areas, gaining the nickname “hillbilly heroin.” 

An activist in Sacramento’s Southeast Asian community, who asked not to be named, said she first started hearing about ya ba three or fours years ago. Ya ba use has been “causing dysfunctional families,” she said, in the Mien, Hmong and Laotian communities, which have large concentrations in the Sacramento area. 

“We’ve reported it, but I think the federal authorities didn’t think it was that much of a problem,” she said. 

Will Glaspy, a spokesman for the U.S. Drug Enforcement Administration, said the drug has mostly remained in the Southeast Asian community. “Many of them are just keeping it to themselves. They’re not distributing it.” 

More recently, however, unidentified meth tablets have begun to show up at raves, which could be ya ba pills, Glaspy said, although they were simply categorized as methamphetamines. 

“The scary thing about these is that they are adding color to them and adding flavor, which could give the perception that these drugs are less dangerous than they really are,” he said. 

A potent mix of methamphetamine and caffeine, ya ba allows its users to stay awake for days. A meth high also brings hallucinogenic effects, during which users sometimes believe they have bugs crawling under their skin and scratch themselves violently to get them out. Other common side effects include increased heart rate, dehydration, paranoia and depression. 

Ya ba has become a vague label for any type of meth in pill form, although it specifically refers to the brand produced in Southeast Asia. Meth more commonly comes in powder form, allowing users to snort it through their nostrils or inhale its fumes when heated. 

In its pill form, ya ba is sometimes passed off at raves as Ecstasy, another popular stimulant, Glaspy said. But the added danger with meth compared to Ecstasy is that there is no set recipe for it, so its purity is often questionable. 

“One person who’s manufacturing ya ba could come up with something that’s a little different than the next guy,” Glaspy said. 

Ya ba is produced mainly in Burma by the United Wa State Army, a group of ethnic tribespeople allied with the country’s ruling junta and known to be one of the world’s largest and most well-armed drug-dealing organizations, law enforcement officials said. 

The pills are then smuggled across the border into Thailand by the millions. The drug has caused what officials have called a national epidemic, with the Thai Health Ministry estimating that as much as 5 percent of the population, or 3 million people, regularly use ya ba. 

When the drug first began showing up in Thailand more than 30 years ago, it was sold legally at gas stations, where truckers would pop a pill to stay alert through long-distance drives. The government declared it illegal in 1970, but the drug has since managed to enter all segments of Thai society, with reports of widespread drug use by manual laborers, college students and even five-year-old schoolchildren. 

The drug already has spread outside Southeast Asia, where ya ba has reportedly shown up on the underground club scene throughout Europe and Australia. 

In the United States, ya ba has shown up only in California, which is already the nation’s main meth maker. Mexican criminal groups still dominate the meth production, according to the DEA, although the Southeast Asian variety has been gaining ground. 

Sacramento was the scene of the first mainland seizure of ya ba in 1999, when police found a few hundred pills during an investigation of a local Southeast Asian gambling house. Before that, drug officials had only heard of ya ba from seizures in Guam and Hawaii, said Sacramento Police Department detective Thomas Little, who was involved in that investigation. 

The arrests in Sacramento last month stemmed from four different investigations, three involving attempts to mail boxes of ya ba into the country and one involving an attempt to smuggle both opium and ya ba in a shipment of furniture. 

But smugglers have gotten much more creative than that, Lane said. He’s seen ya ba stuffed into CD cases, chopsticks and even dead insects.


Urban Land Institute urges ‘smart growth’

By Jim Wasserman
Saturday October 05, 2002

SACRAMENTO — Saying California grows by one new person every minute, a major land developer association is recommending significant state government reforms to prevent California from becoming unlivable within 20 to 40 years. 

Amid projections of 58 million residents by 2040, the Urban Land Institute is calling for the state to encourage more “smart growth,” an emerging theory of land development to put more people in less urban space with more transit and less loss of farmland. 

“No state framework is in place to facilitate smart growth planning and development,” says the report, titled “Putting the Pieces Together.” 

The 28-page document follows two years of meetings between major California land developers, urban planners, environmentalists, social justice advocates and local politicians. The first-of-its-kind effort nationally by the ULI, financed by Bank of America and the James Irvine Foundation, occasionally featured sparring between opposing groups and some conclusions about developing California that eluded agreement. 

Among major recommendations of the ULI report: 

— Giving state grants to growth-besieged city planning divisions to draw up smart growth visions for their neighborhoods. 

— Giving priority for state infrastructure funding to cities that rebuild downtowns and older neighborhoods, develop near transit routes and mix stores, houses and offices to reduce traffic. 

— Providing cities special redevelopment-style powers to steer more public investment to neighborhoods next to transit lines. 

The report, produced with the aim of spurring eventual state legislation, also seeks easier environmental reviews of infill projects, clearer rules for redeveloping old industrial sites and turning schools in more usable neighborhood centers. 

Greenlaw “Fritz” Grupe, a builder who co-chaired the two-year effort as head of the Stockton-based Grupe Company, said the combination of ideas will steer growth into areas where it doesn’t exist now and “reduce commute necessity, decrease air pollution and reduce the need for more highways.” 

“We’re definitely trying to get the state leaders to consider all these ideas,” said Gary Binger, who directs the ULI’s California Smart Growth Initiative. The initiative began two years ago to explore new solutions to growth that has created a housing shortage while lengthening commutes and paving over 50,000 acres of farmland yearly. 

Other builders behind the report include Bruce Karatz, chief of Los Angeles-based KB Homes and Gary Cusumano, president of Valencia-based Newhall Land and Farming Co. 

While the study says California needs to concentrate more development in less space, it concludes the state is “moving in the opposite direction,” with most growth in “largely suburban counties characterized by low-density development — such as Merced, Fresno, Sacramento, San Bernardino and Riverside.” 

The ULI, considered the progressive wing of a conservative development industry, is launching similar efforts to affect state policies in South Carolina and Florida, said the Washington, D.C.-based institute’s Michael Horst. 

At Bank of America, environmental initiatives chief Candace Skarlatos, said, “Smart growth is important to us. The growth of our economy depends on the growth of our community.” In 1995, the bank sponsored a report, “Beyond Sprawl,” on the threat to California’s economy and quality of life from low-density growth patterns. 

 

On the Net:  

Read the report at www.smartgrowth-california.uli.org. 


Oakland airport expansion moves one step forward

The Associated Press
Saturday October 05, 2002

OAKLAND — After almost a one-year hiatus, a $1.4 billion plan to expand the Oakland International Airport is getting back on track with an agreement to be signed Tuesday by community groups, city officials and the Port of Oakland. 

The agreement means the port can continue working on a master plan for the airport expansion. 

Concerned about noise and the environment last November Alameda officials and neighborhood activists filed a suit that stopped the project. 

In that action, the state Supreme Court required the Port of Oakland to conduct new environmental impact reports of noise, toxic pollution and the impact of the project on a rare burrowing owl. 

The environmental impact report still needs to be approved, said assistant city manager for Alameda, Rob Wonder. But he added that the city has decided to drop some legal objections to the project. 

The project, scheduled to be completed by 2008, will include a new main terminal, a 6,000-space parking garage, 12 new gates and expanded cargo facilities.


California jury gives smoker $28 billion

By Gary Gentile
Saturday October 05, 2002

 

LOS ANGELES — A Superior Court jury Friday awarded a record $28 billion in punitive damages to a former smoker who sued Philip Morris Inc. for fraud and negligence. 

The 12-member jury made the award to Betty Bullock, 64, of Newport Beach, who started smoking when she was 17 and was diagnosed last year with lung cancer that has since spread to her liver. 

Last month, the same jury awarded Bullock $750,000 in economic damages and $100,000 for pain and suffering. 

Before Friday’s verdict, the largest jury award to an individual against a tobacco company was $3 billion, won in June 2001 against Philip Morris U.S.A. by Richard Boeken, a former heroin addict with cancer who died in January of 2002. 

That $3 billion was later reduced by a Superior Court judge to $100 million. 

Both awards were won by Michael Piuze, a maverick Los Angeles attorney who had never before tried a tobacco case before Boeken’s. 

During Bullock’s trial, Philip Morris did not try to defend its past actions. Instead, the company turned the spotlight on Bullock and her decision to smoke. The strategy was a major shift from previous defense efforts. 

“If she had stopped smoking ... even in the 1980s, she would not have lung cancer today,” Peter Bleakley, the attorney representing Philip Morris, told jurors at the start of the trial in August. 

Piuze argued that Philip Morris concealed the dangers of cigarettes with a widespread disinformation campaign that began in the 1950s. 

“We will show what I believe is the largest fraud scheme ever perpetrated by corporations anywhere,” Piuze said in his opening presentation. 

Piuze used photographs of Bullock, cigarette ads from her teenage years and internal tobacco industry documents to lay out his contention that Philip Morris concealed the dangers of cigarettes with a widespread disinformation campaign that began in the 1950s. 

The defense denied such a campaign ever existed. 

“At this point, it’s really open season on the industry,” Daynard said. “Juries all around the country are sending a message that this conduct was not only totally inexcusable but that it was so outrageous there is no amount of money that would be enough to punish the people who perpetrated it,” said Richard Daynard, a law professor at Northeastern University in Boston and chairman of the Tobacco Products Liability Project. 

The Bullock case has drawn added interest because it follows a state Supreme Court ruling that grants cigarette makers a new window of immunity. The Aug. 5 decision said most statements and acts by the tobacco companies between 1988 and 1998 cannot be used as evidence against them because of a state law, which was later repealed.


Activists seek action against loggers

The Associated Press
Saturday October 05, 2002

SAN FRANCISCO — Environmentalists embroiled in a lawsuit against Pacific Lumber Co. asked a Humboldt County Superior Court judge on Friday to enforce two of his previous orders concerning the company’s logging. 

The motion was filed days after Pacific Lumber Co. sent Judge John Golden a letter telling him the company’s interpretation of the two previous motions. The judge responded that court procedure prohibited him from reading the letter. 

Golden’s first order was issued Aug. 29 and banned the timber company from logging land that did not have a valid timber harvest plan. A Sept. 27 order denied motions by Pacific Lumber and the California Department of Forestry and Fire Protection to reconsider the initial order. The Sept. 27 order specifically exempted six of Pacific Lumber’s timber harvest plans from the order. 

The company has taken the position that the ban applies to all unapproved timber harvest plans, and it reiterated that in its letter.


Lindh sentenced to 20 years after plea for forgiveness

By Larry Margasak
Saturday October 05, 2002

ALEXANDRIA, Va. – John Walker Lindh, whose discovery as a U.S.-born Taliban fighter startled the nation, received a 20-year sentence Friday after condemning Osama bin Laden and his terrorist network during a sobbing, halting plea for forgiveness. 

U.S. District Judge T.S. Ellis III accepted the plea-agreement Lindh’s lawyers had negotiated with the government. During a drama-packed two-and-a-half hour proceeding, he told the young Californian, “You were willing to give your life for the Taliban but not for your country.” 

In a 20-minute statement, Lindh expressed remorse for joining the Taliban. “I understand why so many Americans were angry when I was first discovered in Afghanistan. I realize that many still are, but I hope that with time and understanding, their feelings will change.” 

Ellis acknowledged Lindh’s plea, but declared, “Forgiveness is separate from punishment.” He told a packed courtroom, which included Lindh’s parents, brother and sister, that many Americans will think his sentence was too lenient while others will believe it was too severe. 

U.S. Attorney Paul J. McNulty, asked if he thought Lindh’s statement was sincere, replied, “The information he provided was viewed by the court as an acceptance of responsibility and I’ll leave it at that.” 

Lindh’s tearful apology, during which he repeatedly stopped in mid-sentence to compose himself, contrasted with Richard Reid’s laughter as he pleaded guilty in Boston to attempting to blow up a trans-Atlantic flight with explosives hidden in his shoes. He also declared himself a follower of Osama bin Laden. 

Lindh, on the other hand, has consistently denied that he ever swore loyalty to bin Laden and his Al-Qaida network, even though he acknowledged having met him briefly at a military training camp in Afghanistan. He roundly condemned the terrorist leader in his statement. 

On a day of coast-to-coast developments on the terrorism front, government officials announced the arrests of four people in Oregon and Michigan on charges of conspiring to wage war on the United States and support al-Qaida. Attorney General John Ashcroft called it a “defining day” in the war against terrorism. 

Two other suspects were indicted and were being sought overseas. Five of the six named in an indictment are U.S. citizens, and prosecutors said that some of them took weapons training and then tried to travel to Afghanistan to join up with al-Qaida and the Taliban, but could not get into the country. 

At his sentencing in suburban Alexandria, Va., Lindh told the judge that “Bin Laden’s terrorist attacks are completely against Islam, completely contrary to the conventions of jihad and without any justification whatsoever.” 

“His grievances, whatever they may be, cannot be addressed by acts of injustice and violence against innocent people in America.” 

Both Reid and Lindh were apprehended late last year while the U.S. was pursing the war in Afghanistan. But even as the government prosecuted Lindh and Reid, neither emerged as more than foot soldiers in the terrorist ranks. 

Lindh was captured on the battlefield in Afghanistan and was in the vicinity of a prison uprising where CIA agent Johnny “Mike” Spann was killed. Spann’s father, Johnny, told the judge Friday that Lindh was partly responsible for his son’s death. 

“My grandchildren would love to know their dad would be back in 20 years,” he said. “The punishment doesn’t fit the crime to me.” 

Ellis, however, said he never would have approved the plea agreement if the government had shown any evidence that Lindh was responsible for Spann’s death. Lindh told the judge, “I had no role in the death of Johnny Micheal Spann.” 

Lindh pleaded guilty last July to supplying services to the Taliban and carrying an explosive during commission of a felony. Each count carries a 10-year sentence. The government told Ellis last week that Lindh had fulfilled his agreement to cooperate, allowing prosecutors to drop more serious charges that could have brought a life sentence. 

As part of the plea agreement, neither Lindh nor his family can profit by selling his story. 

Lindh, wearing glasses and a standard-issue green jumpsuit, still has the close cropped hair style he adopted soon after being returning to America. His appearance remained a far contrast from the long-haired, bearded image that he projected on television after his capture — a picture that shocked Americans who discovered that one of their own had been fighting for the Taliban. 

“I want the court to know, and I want to American people to know,” Lindh said, “that had I realized then what I know now about the Taliban, I would never have joined them.” 

Lindh also told the court that he never understood jihad to mean anti-Americanism or terrorism and declared, “I condemn terrorism on every level unequivocally.” 

He said he went to Afghanistan and enlisted in the Taliban army because he believed it was “my religious duty to assist my fellow Muslims militarily in their jihad against the Northern Alliance,” the Taliban’s internal Afghan enemies who eventually fought alongside the United States. 

Government officials said Lindh and other al-Qaida and Taliban prisoners told U.S. interrogators the Sept. 11 hijackings were supposed to be the first of three increasingly severe attacks against Americans. Their claims have not been corroborated, government officials said. 

Ellis said he is troubled that there were two separate accounts of when Lindh heard rumors that 50 terrorists would be sent on suicide operations. The original indictment said Lindh heard that information before Sept. 11, but Lindh has contended he heard it after the attacks. 

Ellis suggested that Lindh address the discrepancy during the sentencing hearing, but he never did. 

Assistant U.S. Attorney Randy Bellows told the judge that Lindh is still being interrogated and when the interviews are completed, he will take a lie detector test.


D.C. pedestrian shooting linked to Maryland killings, police say

By Stephen Manning
Saturday October 05, 2002

ROCKVILLE, Md. — Police linked a sixth death to the sniper killings of five Maryland residents and said Friday the same high-powered rifle was used to kill at least four of the victims. 

Police were searching for two men — a shooter and a driver — in the slayings and investigating whether a seventh shooting outside a Virginia store was part of the same terrifying crime spree. 

“We implore him to surrender, stop this madness,” Montgomery County Police Chief Charles Moose said. 

The sixth victim, a 72-year-old Washington, D.C., pedestrian, was killed by the same weapon used to kill at least three of the Maryland victims, said Special Agent Michael Bouchard of the Bureau of Alcohol, Tobacco and Firearms. Forensic testing was still under way in the two other Maryland shootings. 

Bouchard also said ATF agents would examine evidence collected from the scene of a Friday afternoon shooting outside a crafts store in Fredericksburg, Va., 55 miles south of Rockville. A 43-year-old woman was shot in the back and in serious condition. 

Police were looking for two men in a white van with dark lettering, a description that came from a witness to one of the killings. Police pulled over white vans Friday and plastered orange stickers on the back to show the vehicles had been checked. Moose said investigators were chasing more than 500 leads. 

Each Maryland victim was felled by a single bullet, apparently from a high-powered rifle or handgun. Police said evidence indicated the killer was some distance away and used .223-caliber bullets. 

The search Friday went on amid a mix of fear and defiance among residents of the economically and culturally diverse slice of the suburban Washington county where most of the shootings occurred. 

All over Montgomery County, people did what they usually do on a Friday, but they moved slowly and quietly, glancing at trees, bushes and rooftops. Many said they were afraid but wouldn’t stop getting groceries, going to work or leaving their children with a baby sitter. 

“I had to shop. I need to eat. I can’t stay at home all day,” said Kira Leonova, who works at a bookstore near one of the slaying scenes. “I have to work and I have a family.” 

Dexter Evans, 20, scanned the traffic as he waited for a bus to Rockville, and he took a second look at every white truck. “You can’t even walk down the street without looking over your shoulder,” he said. 

Schools opened with extra police patrols and calls poured into 911 dispatchers about suspicious noises. 

The five Maryland victims died within five miles of one another during a 16-hour span Wednesday evening and Thursday morning. All were gunned down in broad daylight in very public places: two at gas stations, one outside a grocery, another outside a post office and the fifth as he mowed the grass at an auto dealership.


Lili is gone but not forgotten

By Allen G. Breed
Saturday October 05, 2002

 

CHAUVIN, La. – The remnants of Hurricane Lili spun out of Louisiana and into the Ohio Valley on Friday, leaving behind a trail of muddy misery and tens of thousands of homes without power. 

Lili was a Category 4 hurricane packing 145-mph winds before it weakened substantially and hit land Thursday. It still left ripped-up roofing, felled trees, downed power lines, mud and debris along a coast already sodden by Tropical Storm Isidore a week earlier. 

The Insurance Information Institute in New York said claims from the storm could reach $600 million in all states affected, with most of the damage in Louisiana. State Agriculture Commissioner Bob Odom said the storm dealt a heavy blow to Louisiana’s sugarcane, cotton and soybean crops. 

Federal Emergency Management Agency Director Joe Allbaugh said he had no idea what Louisiana damage estimates were “other than in the millions.” Damage from Isidore’s flooding last week totaled $100 million. 

“We have assessment teams out right now,” Allbaugh said. “We will be here a long time.” 

Some 500,000 customers in Louisiana lost power during the storm, and 219,000 were still out Friday, state officials said. Utility officials said it could be several days before damage is repaired. 

Lili, blamed for a dozen deaths in the Caribbean, took no lives and caused few injuries along the Gulf Coast. But it swamped many low-lying areas in the bayou country southwest of New Orleans with a storm surge and 8 inches of rain. 

Water still covered the main road in Chauvin. Pirogues and other canoe-like boats remained the preferred means of transportation in nearby Montegut, though most of the water that poured in from a broken levee Thursday had receded. 

Kim Guy’s grandmother’s house in Chauvin was knocked off its concrete foundation — saved from floating into nearby Lake Boudreau by only a small oak tree. 

“I been living over here since I’ve been 5 years old,” the 38-year-old crabber said in the clipped Cajun French cadence of the area. “So we just deal with it. We just figure there’s nowhere else to go. Where are we going to go?” 

In Montegut, Jeremy and Dolores Koenig had a bass boat parked in front of their home, which was lifted off its foundation by the storm and dumped 50 feet away in the middle of a street. 

The couple said their insurance will leave them with about $3,000 and maybe ownership of the lot, but nowhere to live. 

Jeremy, a shrimper, said they will rebuild with a higher foundation. 

“I’m going to shrimp the rest of my life,” he said. “I just like being on the water.” 

In the Gulf of Mexico, the storm ripped one offshore drilling rig from its moorings, sending it drifting for 45 miles, and capsized another. No one was on the rigs, and the Coast Guard reported minimal oil damage. 

Lili destroyed all seven of the fishing nets Ray Trahan uses to catch mullet, a fish available for commercial harvest during a limited season in Louisiana. He hoped to replace the nets before the season opens later this month. 

“This is our livelihood,” he said, traipsing up Chauvin’s still-flooded main road as frogs and small fish skittered at his feet. 

“It’s all I know how to do. You’ve got to take the good with the bad.”


Scientists find first evidence of coral bleaching in Hawaii

By Janis L. Magin
Saturday October 05, 2002

HONOLULU – Scientists have found the first evidence of coral bleaching in the Hawaiian Islands, providing a worrisome sign of more potential environmental damage from global warming. 

Coral bleaching happens when the algae that populate and build the coral die off. 

The bleaching was discovered around the Northwestern Hawaiian Islands, 10 mostly uninhabited islets and atolls that extend 1,200 miles northwest of the main Hawaiian Islands. The reefs are some of the most pristine in the world. 

Scientists said that the reefs will probably recover in a few weeks but that the condition should be watched closely. 

“It’s important not to overreact to the evidence of coral bleaching we’ve observed during this trip,” said Greta Aeby, a coral biologist with the state. “In severe cases, coral bleaching can cause mortality, but most mildly bleached colonies will recover in a few weeks.” 

Coral bleaching has increased worldwide over the past several decades, particularly in Florida. Some environmentalists have warned that coral reefs are headed for extinction. 

Short-term bleaching happens in higher water temperatures and often is linked to global warming. Pollution can also cause bleaching. 

Federal officials are working to establish a national marine sanctuary in the Northwestern Hawaiian Islands, which have more than 70 percent of the nation’s coral reefs. They are home to endangered seals and a rich variety of other wildlife.


Editorials

FBI arrests four on terror charges

By Andrew Kramer
Saturday October 05, 2002

PORTLAND, Ore. — Hailing a “defining day” in the fight against terrorism, Attorney General John Ashcroft announced the arrests of four people in Oregon and Michigan on Friday on charges of conspiring to wage war on the United States and support al-Qaida. Two other suspects were being sought overseas. 

The arrests came on the same day a tearful John Walker Lindh was sentenced to 20 years in prison for fighting for the Taliban and a smirking Richard Reid declared himself a follower of Osama bin Laden as he pleaded guilty to trying to blow up a trans-Atlantic flight with explosives in his shoes. 

Ashcroft, announcing the arrests at a Washington news conference, said five of the six people named in the indictment are U.S. citizens and one is a former U.S. Army reservist. 

FBI officials said four of the suspects began weapons training days after the Sept. 11 attacks, and five tried unsuccessfully to get into Afghanistan to join up with al-Qaida and the Taliban in October, as U.S. forces began bombing parts of the country. 

The indictment said three of the suspects began physical training “to prepare to fight a jihad” in the summer of 2001, before Sept. 11. 

Ashcroft said one of those arrested, Jeffrey Leon Battle, joined the U.S. Army Reserves to obtain training in U.S. tactics and weapons. He said Battle, who was discharged in January while in Bangladesh, intended to use that experience against American soldiers in Afghanistan. 

Battle later “caused himself to be discharged” from the Army, Ashcroft said, without elaborating. 

Court papers identified the six as Battle, 32; Patrice Lumumba Ford, 31; Ahmed Ibrahim Bilal, 24; his brother Muhammad Ibrahim Bilal, 22; Habis Abdullah al Saoub, 37; and October Martinique Lewis, 25, the ex-wife of Battle. 

According to Ashcroft, five of the suspects set out for Afghanistan in October 2001 and tried to enter the country through China, but failed. 

Lewis stayed behind and wired money to Battle eight times “with the knowledge the money would be used to support his attempt to reach Afghanistan” to help al-Qaida and the Taliban, the attorney general said. 

Before leaving Oregon, al Saoub discarded a bag containing a Jordanian passport and a document titled “A Martyr’s Will,” according to the indictment. The will was addressed to someone prosecutors described as a mujahadeen, or warrior, but the indictment includes no other details. 

Battle, Ford and Lewis were arrested in Portland, and Muhammad Bilal was taken into custody in Michigan. He had been living with a sister in the Detroit suburb of Dearborn for about a month but has lived in Oregon. Ahmed Bilal and al Saoub were being sought outside the United States. 

Muhammad Bilal was held without bail after a court appearance in Detroit. Prosecutor Barbara McQuade said he had recently traveled to Hong Kong, China and Indonesia. 

Charges against the six include conspiracy to levy war against the United States, conspiracy to provide material support and resources to al-Qaida, conspiracy to contribute services to al-Qaida and the Taliban, and possessing firearms in furtherance of crimes of violence. 

Ford pleaded innocent to all charges during an arraignment in federal court in Portland. Arraignments for two others were postponed until Monday. 

“It’s all a mistake, it’s got to be,” said Ford’s father, Kent Ford. 

He said his son, named after the African resistance leader and first president of Congo, spent time in the mid-1990s as a foreign exchange student in Beijing, where he converted to Islam. Ford was an intern to the Portland mayor in 1998-99, Kent Ford said. 

He also studied that year at the Hopkins-Nanjing Center for Chinese and American Studies, in China, a joint program of Johns Hopkins University and the University of Nanjing, said Hopkins spokesman Dennis O’Shea. 

Ashcroft said the FBI is looking into whether other Portland-area residents may have also gone to Afghanistan with the same intention as those indicted. Authorities said the suspects received financial support for their travel from unknown sources in Oregon.


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