144 lines
6.6 KiB
Plaintext
144 lines
6.6 KiB
Plaintext
First Free Food Conviction in San Francisco history, Sentencing Hearing.
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On Thursday February 24 at 4 p.m. at Dept. 17, Municipal
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Court, at 850 Bryant St. in the Hall of Justice, Robert N. Kahn, also
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known as "Bathrobespierre Robert" (because he sports a bathrobe
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and teddy bear when sleeping out in homeless demonstrations),
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will be sentenced for violating a 1989 Superior Court Injunction.
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He faces up to 6 months in jail and has declared he will refuse
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probation since that would require agreeing not to continue serving
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hungry people with FNB.
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BACKGROUND
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[The Injunction under which Mr. Kahn was convicted in the
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first-ever jury trial for free food distribution in a major urban city
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bars Food Not Bombs, a food distribution group, from serving free
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food anywhere in the city and county of San Francisco "without
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appropriate permits."]
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[It was secured in the summer of 1989 when FNB operated
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a 24-hour food service in support of "Tenement Square", a
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homeless encampment in Civic Center. FNB members contend
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that then-Mayor Art Agnos engineered the Injunction to eliminate
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the embarrassment of homeless people publicly challenging what
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they term the city's "no sleep for the homeless" policies, under the
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very balcony of the Mayor's office. FNB supporters note that after
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many months of negotiations and court pressure on city officials,
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they secured both Park and Health permits.]
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[In July 1990, the Recreation and Parks Commission
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changed its rules eliminating the permit process for any regular
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food serving in public parks. Police have made more than 400
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arrests under the Injunction, regularly destroying food and jailing
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soup servers say FNB attorneys, but no previous cases have been
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brought to trial. The District Attorney's office has issued letters on
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several occasions refusing to prosecute.]
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[Beginning in September 1993, under the Jordan
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administration "Matrix" program, FNB members were again
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arrested. In September 3 priests and a nun were taken to jail in
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handcuffs for serving free food. Members of FNB adopted different
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tactics--sneaking in small quantities of food, distracting police
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officers with philosophical discussions, and serving food from the
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middle of the fountain (where police were loathe to arrest).
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THE TRIAL
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Mr. Kahn contends the jury was unable to hear important
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evidence. His principle witness, Mr. Keith McHenry, a founder and
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long-time negotiator for FNB, was abruptly jailed on $45,000 bail
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the day that testimony in Kahn's trial began, and was released, as
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abruptly, several hours after it ended without bail, the judge saying
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it was "a mistake".
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The jury was prevented from seeing evidence that then-
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police chief Frank Jordan, when running for Mayor in the fall of
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1991, held food giveaways in public parks ("Franks for Frank!")
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without applying for the permits allegedly necessary to "legally"
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give away food.
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The jury was instructed to regard the court order as "lawful"
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even though all previous contempt charges brought under it were
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dismissed in 1991 by Superior Court Judge, who found that it
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would be impossible for FNB servers to obey the injunction, given
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the lack of a park permit process at that time.
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The judge refused to entertain the defense of "necessity"
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(that any 'harm' done was counterbalanced by the need of
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impoverished people living out of doors to have regular hot food).
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He refused to consider the defense of "equitable estoppel" (that
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since the Injunction was not enforced from January 1992 to August
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1993 when FNB served twice daily in Civic Center plaza), it was
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unfair and unreasonable to suddenly begin enforcement as part of
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Mayor Jordan's "Matrix" program agenda.
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The judge declined to allow extensive expert testimony
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about homeless food needs and the inadequacy of existing food
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services. He refused to allow testimony that not one case of
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sickness or genuine health complaint has ever been made
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regarding FNB in its million+ meals in San Francisco since 1988.
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The jury was also cautioned not to vote its conscience, but to
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adhere to the letter of the law.
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Attempts to subpoena Parks & Recreation official Mary
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Burns on the key issue of the lack of Park Permit process were
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thwarted by Ms. Burns abrupt departure for Disneyland. The Court
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declined to sanction Burns or compel her to be present.
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Presented at trial was the "Free Eats" chart, distributed by
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the Police and the City Department of Social Services which lists
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FNB twice-daily meal as a place for homeless and hungry people
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to eat. The cost of the trial (according to the San Francisco
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Weekly) was over $15,000 and it is the first of some 30 cases
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currently slated for jury trial in the months to come.
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SUPERVISOR HALLINAN TO TESTIFY
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The Sentencing Hearing for Mr. Kahn by Judge Robert
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Barclay will hear testimony from Supervisor Terrance Hallinan,
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which will include his involvement in the City's bad faith politically-
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motivated refusal to issue FNB permits in spite of FNB's on-going
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attempt to secure permits. He is expected to discuss the two fall
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resolutions by the Board of Supervisors seeking to legalize Food
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Not Bombs, which were ignored by the Recreation and Parks
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Department.
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President of the Board Angela Alioto is expected to support
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Mr. Kahn with a sentencing letter urging leniency. Also testifying
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will be Coalition on Homelessness coordinator Paul Boden and
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long-time FNB attorney Sarge Holtzmann.
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Mr. Kahn says he will refuse any offers of probation, since
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that would prevent his serving free food at Civic Center. The
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District Attorney is asking for six months jail for Mr. Kahn.
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Food Not Bombs continues to serve daily at 6 PM and
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weekdays at noon at Civic Center Plaza and requests those willing
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to cook, serve, transport, and assist to contact them at 330-5030.
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Feb 25, San Francisco, Andrew Rose
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Robert Norse Kahn was sentenced yesterday to
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two months in jail for misdemeanor contempt of
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court. Mr Kahn served food to hungry people
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at Civic Center Plaza in San Francisco, in
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violation of a court ordered injunction against
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Food Not Bombs or its agents serving hungry people.
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The legality of the injunction is still under review.
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The legality of the MATRIX program, which is Mayor
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Jordan's administration's plan to solve the homeless
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'problem' by arresting and harrassing anyone poor, and
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by criminilizing homeless people and people who
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help them, has been questioned by the ACLU, and the
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judge needs to answer some concerns regarding this
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before March 8. The ACLU has succesfully struck down
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similar programs in Miami FL and Santa Ana CA.
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Mr Kahn's sentence is suspended, he is free, through
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his appeal process.
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