Hallinan replies that the 10 percent drop in his conviction rate is due to his diversion program, which emphasizes rehabilitation over punishment. He says his attempts to prosecute top SFPD officers in Fajitagate may have failed, but they “lifted the lid off a long-simmering problem” and may lead to future reforms. He still believes command-level officers conspired to obstruct justice after three young cops were accused of beating up two men who refused to give them their steak fajitas.
The DA admits he is “not 100 percent clear” why Flowers received only a two-year prison sentence after his first offense. The victim and her lawyer, Hallinan explains, apparently prevailed on an assistant DA to give Flowers a break. “Those are hard cases,” he says. “Sometimes you bite the bullet and take a chance. As this one worked out, we should not have let him out, period. He should still be in prison.”
Harris also charges that federal and state law enforcement agencies have stopped bringing white-collar crime and public corruption cases to Hallinan because he is not doing his job. She promises to more vigorously investigate and prosecute city officials who break the law.
Hallinan insists he has excellent working relationships with his counterparts in Washington, D.C., and Sacramento, especially California Attorney General Bill Lockyer. In the past two years, he says, his office disposed of 11 theft cases involving city agencies or the San Francisco school district, and nine other cases are under investigation. “I'm not remiss in the prosecution of governmental corruption since her boyfriend was elected mayor of San Francisco,” he says. “The situation of public corruption under Brown is discouraging to me — it is everywhere. Her relationship to Brown would make it hard for her to prosecute.”
But at least a few prominent members of the San Francisco bar view Harris as more competent than the incumbent. Among them are well-known defense lawyers Jim Brosnahan, who represented “Marin Taliban” John Walker Lindh, and John Keker, who has served on the San Francisco Police Commission.
“I like Terence Hallinan, but he has been a disaster as a DA,” says Keker. “The assistant district attorneys complain that the cops bring them bad cases, the police whine that the DA doesn't prosecute. Fazio does not have the organizational capability to bring about reform. Harris is one of those once- or twice-in-a-generation politicians that does have real legal and organizational talents.”
Harris also has fans among those who try to help young sex-abuse victims. She co-founded the Coalition to End the Exploitation of Kids, which provides legal and health services to sexually exploited children, including teenage prostitutes. Her partner in that project is Norma Hotaling, an ex-hooker who considers youthful prostitutes to be the victims of serial rape. Hotaling is not endorsing anyone in the DA's race, but she finds “Harris to be absolutely dedicated to ending the sexual exploitation of children, who should not be arrested but saved from the johns.”
Dr. Shannon Thyne, who coordinates the Department of Public Health's child sexual abuse program, works closely with the unit Harris heads at the City Attorney's Office. Together, they created a program to spot evidence of child sexual abuse in emergency rooms. While Thyne credits Hallinan with setting up effective programs to deal with those who prey on children — making it easier, for example, to remove young victims from abusers and put them into foster care — she says Harris has long been the mover and shaker on the issue.
As Harris campaigns in the Mission, a man on the street tells her that he likes Hallinan's “permissiveness.” Harris responds that people ought not to confuse “compassionate justice” with Hallinan's failure to prosecute property-destroying war protesters.
“It is not progressive to be soft on crime,” she says.
In fact, Harris' law-and-order rhetoric worries Public Defender Jeff Adachi, who does not want her to win. “Harris would be a hard-nosed prosecutor,” says Adachi. “It's not the tradition in San Francisco to favor punishment over rehabilitation. We are not concerned with the conviction rate, we don't want to come down hard on people accused of crimes, we don't want to nail them to the cross.”
Harris just laughs at this criticism, which would qualify as a wannabe DA's dream endorsement almost anywhere except San Francisco.
Despite her credentials and zesty campaigning, Harris acknowledges that recent polls indicate she is lagging far behind Hallinan and Fazio.
With the incumbent at 28 percent and Fazio in the mid-20s, she has 14 percent of the prospective vote (having risen from 9 percent back in February). The silver lining, she says, is that unlike in most political races, the percentage of undecided voters in the DA contest is rising (from 27 percent in March to 35 percent this month). That growing pool, she believes, gives her an opening.
As her name recognition slowly increases, the possibility of her winning is driving her opponents bananas. In an interview about his own candidacy, Fazio couldn't leave the subject of Harris alone. “How can Harris root out corruption if she has Willie supporting her behind the scenes?” he interjected, apropos of nothing. “I do not care that they had a relationship, but there are legitimate questions whether or not there is payback there.” [page]
San Francisco Assemblyman Mark Leno sees the efforts of Hallinan and Fazio to smear Harris with her past association with Brown as misogynistic. He says the two male candidates are focusing on the Willie factor because Harris “presents a real threat and they have no other cards to play.”
His sentiments are echoed by Harris' sister and fellow attorney, Maya Harris West, director of the Racial Justice Project for the ACLU's Northern California chapter. “This hype around Willie Brown is such a distraction and so opportunistic, sexist, and ridiculous,” says West. “When a woman dates an accomplished man, why are people so willing to assume it's only because of him that the woman is successful?”
Harris' mother agrees. Shyamala says the “malevolence” of the personal attack on her daughter makes her angry. “What has Willie Brown done for her? Introduce her to society people when they dated? If they did not like Kamala on her own right, they would have dropped her after she dropped Willie. Kamala is comfortable in all kinds of social scenes. She can pull it off in high society, too. She has the manners, the eating habits.
“Why shouldn't she have gone out with Willie Brown? He was a player. And what could Willie Brown expect from her in the future? He has not much life left.”
Given the voter demographics she is targeting, and her own ethnicity, it's not surprising that Harris' campaign headquarters is smack in the middle of BayviewHunters Point.
“I feel the black community is my base,” she says. “I feel comfortable there, with people coming in off the street to check out the headquarters.” Local African-Americans, she notes, turn out in relatively small numbers at the polls, even though they are disproportionately represented as the objects of the district attorney's prosecutorial attention.
But with her law degree and upper-middle-class background, Harris doesn't always seem completely in tune with her would-be constituents.
One day, she visits the decrepit Sunnydale housing project escorted by Ruth Jackson, a community activist who lives nearby. During Brown's administration, the Housing Authority spent more than $25 million remodeling Sunnydale, but the most prominent improvement appears to be the huge letters decorating one building: MAYOR WILLIE L. BROWN COMMUNITY YOUTH CENTER.
Down the street, young men sell drugs, glancing sideways at strangers. Outside the center, Harris talks to three other men who are friends of Jackson. She tells them why it is important to vote against Prop. 54, a ballot initiative intended to prevent the state from gathering racial information from Californians. Harris explains that Prop. 54 will undo affirmative action, that it is a step backward toward
Plessy v. Ferguson, the infamous 1896 U.S. Supreme Court ruling that legalized segregation. The men listen politely, genuinely interested in what she has to say.
Harris has a brainstorm: The men should sponsor a mayoral debate in the community center. They are lukewarm to the idea. They're planning to stage a protest demonstration the next day because, they say, Muni broke a promise to hire black youths from their ZIP code to help build the new light-rail system snaking down Third Street. Harris brightens.
“You should ask a police captain to conduct a protest training,” she says. “That way you can protest safely. For example, people need to know not to run!”
Harold Kyer, who is organizing the Muni protest, seems a bit embarrassed to have to straighten her out. “Our community is not police-friendly, Ms. Harris,” he explains gently. “They will not come to a meeting if the police show up.”
The get-together ends. Harris zooms away in a black BMW (not hers) piloted by a volunteer campaign chauffeur. She's on a tight schedule, and does not have time to walk the community and talk to the low-income women and children who populate it. She insists, however, that she won't forget them.
“I have no intention,” she says, “of turning a blind eye to the problems at Sunnydale.”
From his Marina District office, political consultant Philip Muller is raising money for Kamala Harris — without her consent.
Muller, who worked on both of Willie Brown's mayoral campaigns, is doing this through an independent expenditure committee innocuously called the California Voter Project. (Such committees are often used by special interests to raise political cash far in excess of state limits on individual contributions.) Muller plans to buy radio time for Harris, and he says he might air commercials critical of Hallinan and Fazio. He's also printing up window signs and bumper stickers for Harris.
His main fund-raising tool is a letter signed by Brown that requests $500 donations to “help Kamala win.” He says the mayor's signature is legitimate, and Brown's spokesman confirms that.
Harris says she has had no contact with the mayor about his fund-raising on her behalf. She is “not sure” how she feels about his efforts, but she doesn't spend her time worrying about it.
Muller's unsolicited involvement in her campaign is galling in another way though. Unbeknown to Harris, Muller's committee was behind an anonymous mailer that attacked Harris' brother-in-law, Tony West, when he ran for a San Jose Assembly seat in 2000. The mailer suggested that West lived in Oakland (he didn't) by superimposing his head on the Oakland Raiders logo, with two swords sticking through his skull. Months after West lost the election, the
San Jose Mercury Newscriticized Muller for unleashing “last-minute mailers riddled with distortions” and not revealing their true source.
When
SF Weekly shows her a copy of the
Mercury News article, Harris yelps, “You are kidding me. This is outrageous. Offensive. I will have no part of this. You watch what I do!” A few days later, after she calms down, Harris notes that there is nothing she can do to stop Muller, since the law forbids her campaign from even contacting his committee. [page]
Muller's efforts notwithstanding, Harris is raising plenty of money on her own. According to her finance chairman, Mark Buell, a major Democratic Party fund-raiser, she has banked nearly $400,000 to date. (Hallinan says he's raised $157,000, while Fazio, who had raised $105,000 by the end of June, declines to reveal how much he's taken in since then.)
Buell insists the Harris campaign has “not received a penny from Willie Brown.” When informed by
SF Weekly that public records show Brown personally gave Harris $500, the maximum individual contribution allowed, Buell's memory suddenly improves. “Oh yes,” he says. “My stepdaughter asked Brown for a contribution in a restaurant.
“I was not in communication with Willie, except for the chat I had with him about the race,” Buell continues. “He said the best way for Kamala to win is to take Fazio out. So I had lunch with Fazio, but he would not get out.” (Fazio confirms this account.)
Buell excuses himself from a telephone interview, saying, “I am going to a lunch for [mayoral front-runner] Gavin Newsom to get a list of people from him to do a fund-raiser for Kamala.” Harris supports Newsom's November ballot initiative, Proposition M, which will further criminalize panhandling in San Francisco but provides no new funding for housing or health services for beggars. Her support of the initiative seems at odds with her more liberal stance on other social welfare issues.
Yet Harris doesn't hesitate to play up her sympathy for down-and-outers when raising cash for her campaign.
One evening at Clouds Restaurant, atop Yerba Buena Gardens, she addresses a group of black professionals, telling them, “The most victimized people do not vote, so you have to act on their behalf.”
A few nights later, she hits up an all-white Pacific Heights crowd with the same speech. Among the wine-sipping guests is romance novelist Danielle Steel. The hostess, Frances Bowes, whose fortune derives partly from Hula-Hoops and Frisbees, says she met Harris at a benefit thrown by clothier-to-the-wealthy Wilkes Bashford, a longtime Willie Brown crony, in 1994. Bowes and Harris served together on the board of the San Francisco Museum of Modern Art, where Harris started a successful program to bring art into the public schools.
Bowes is particularly impressed by “Kamala's incredible theme, which is to protect young girls that become enslaved to prostitution. She is so vital and impassioned, anybody who heard her would vote for her for president.
“Why, Willie Brown just wrote us a letter on her behalf,” she adds happily.
The crowd seems fascinated by Harris, an intelligent woman of color who speaks their language, who knows their first names, and who understands that as
liberals, they want to maintain law and order — but with a certain San Franciscostyle noblesse oblige.
One woman asks, “What about people who rent? What will make them go to the polls and hit that button for you?”
“Name recognition,” Harris replies, as her staffers collect checks.
Kamala Harris is doing everything she can to make sure she has enough money to buy more name recognition before Nov. 4.
She needs at least another $300,000 to do mailings and radio spots. Her goal is to raise $40,000 a week (not counting Muller's money), which means she has to schmooze literally hundreds of people who can afford those $500 max-out donations.
Asked what guarantee she can make that she will not sell out the interests of her rank-and-file supporters to those of her wealthy financial backers, Harris says with real emotion, “How could I turn my back on my people?
“I believe that everything you put out in the world comes back to you. There are consequences for everything. Karma exists, absolutely.”
In San Francisco and Sacramento, the VP cadndidate carefully walked a middle path, frustrating activists. But she kept winning elections.
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