The University of California has offered to curtail mandatory overtime for its nurses and shift from a merit pay system to one based on seniority, marking a major shift in the contract squabble between the two sides. 

“The proposal we gave them represents significant movement on their priority items,” said UC spokesman Paul Schwartz. “The ball’s in their court.” 

UC made the offer, which also includes 19 to 25 percent pay increases over three years, but does not move on union demands for negotiated nurse-to-patient ratios, on Wednesday. 

The university made the proposal public Thursday afternoon, just as negotiations began. As of the Planet’s deadline Thursday night, there was no indication of an agreement and the union still planned to engage in a one-day strike May 29. 

The university is facing mounting political pressure to resolve the dispute.  

Twenty-four legislators submitted a letter to UC Monday morning asserting that “the registered nurses of the UC system are its backbone” and warning “if they are not treated fairly and leave their jobs, the whole system will be at risk.” 

“Legislators and elected officials, because of our relationship with the state, are clearly a key constituency,” acknowledged Schwartz. “But the bottom line is that we, first and foremost, are trying to get to a settlement that serves patients and serves employees.” 

Charles Idelson, spokesman for the California Nurses Association, which represents the 8,000 nurses at UC hospitals and student health care centers, trumpeted the university’s shift on merit pay. 

“There has been an historic breakthrough in the notorious merit structure,” said Idelson. “It took the power of 8,000 nurses threatening to strike to finally knock some sense into the university.” 

The union has long contended that the merit-based pay system – rooted in evaluations of employee performance – is subject to the arbitrary analysis of managers. They have called for the “step-based” model, embraced by the university Wednesday, that would pay nurses according to experience. 

Before this week university officials have defended merit pay, arguing that the system encourages quality care and keeps the UC hospitals competitive. 

“Taking the union’s stated priorities to heart, we reconsidered that,” said Schwartz. 

Schwartz added that the university will retain the right to make lump-sum payments to nurses, on top of their step pay, for quality service.  

Ideson said he was skeptical of the university’s proposal to require overtime only when a patient’s health may be at risk or in the event of an emergency. Idelson said the offer was filled with “significant loopholes.” 

“What constitutes an emergency is not some manager’s failure to plan properly,” he said. “An emergency is an earthquake.” 

Schwartz contended that the offer marked a significant movement toward the union, and said he expected the California Nurses Association to bargain in good faith.  

The university is holding fast on its refusal to set nurse-patient ratios in the contract. The state legislature recently mandated ratios and the California Department of Health is working on regulations that would set the actual figures. Schwartz said UC will wait on the state figures, which should be issued by July 2003, and will not agree to independent ratios in a labor contract. 

Donna Nicholas, a registered nurse at UC Berkeley’s student health center who serves on the negotiating team, said the union wants to lock down ratios in the contract because the hospital industry is working to “water down” the state ratios due out next year. “This has huge implications for the health of California residents,” Nicholas said. 

Schwartz said the university would consider a May 29 strike a violation of the state’s Higher Education Employee Relations Act since the union has not exhausted all negotiating options. UC plans to seek a temporary restraining order against the nurses to prevent the strike. 

“We disagree with their position,” Ideson responded. “In our interpretation, it is absolutely a legal strike.” 

The university may also sue the union for financial losses resulting from the strike, Schwartz said. The university has already begun to divert patients in preparation for May 29, he said, and may have to cancel some surgical procedures. “All of that adds up to a significant impact – on patients, on communities and on UC,” he said. 

Contact reporter: scharfenberg@berkeleydailyplanet.net 

To the Editor: 

I appreciated the story by Kurtis Alexander in the Tuesday May 21 Daily Planet regarding the actions of a neighborhood group in response to the death of a pedestrian in Berkeley. However, I wanted to point out an important error-Kurtis Alexander's story wrongly states "Bennett's death represents the first pedestrian fatality in Berkeley in nearly a decade..." 

At least one other pedestrian, Jayne Ash, was killed in Berkeley while crossing a street within the past ten years. Ms. Ash was crossing Shattuck Ave. at Hearst St. when she was struck by a cement pumping truck in March, 2001.  

I believe there was yet another pedestrian death on Shattuck Ave. at Virginia St. a few years earlier. And, this is not a comprehensive list! 

The City of Berkeley commissioned a report a few years ago that cites statistics- Berkeley has the highest rate of pedestrian and bicyclist injuries compared to similar-sized cities in CA!  

Lisa Pascopella, PhD, MPH 

Berkeley 

xIf you think Elvis Costello, the once kingpin of Punk and New Wave angst, has stifled his sharp tongue and rocking sensibilities in favor of just collaborating with the likes of Burt Bachrach and Swedish mezzo-soprano Anne Sofie von Otter only, think again. Costello proved beyond a doubt where his musical roots lay at a recent show at the Berkeley Community Theater. He showed the crowd that though his musical styles have expanded beyond the fast-paced, witty lyrics of his early career, his origins of being a great rock 'n' roll songwriter and a captivating performer are still perfectly intact. 

With his new band, The Imposters-which features half of the original Attractions, Pete Thomas and Steve Nieve, while replacing bassist Bruce Thomas in favor of Davey Faragher-the forty-seven-year-old Costello powered through an almost two-and-a-half-hour set of music. With more than 20 years of music to his credit, Costello chose some rarities that he hasn't played in a long time or never played in concert before. Songs such as “Beyond Belief,” “Man Out Of Time,” and “You Little Fool,” in which Costello remarked that he had never played on stage, were able to cause some actual gasps of happiness from the crowd.  

Other songs he hadn't played in years included “I Hope You're Happy Now,” “Clowntime Is Over” and “High Fidelity.” He even the did the obligatory classics such as “Pump It Up,” “Watching The Detectives” and “I Don't Want To Go To Chelsea.” 

Thankfully he left out “Alison” and “The Angels Want To Wear My Red Shoes,” which probably aggravated the fans who only came to hear him replay his first two albums. They forget that he has a vast selection of songs to choose from, many of which can spin circles around those two songs. Instead Costello brought out nuggets from the past, even reworking some of them-such as in the case of “Waiting Until The End Of The World” or the powerful “I Want You.” 

But even though those songs were tasty treats, the main highlights were the songs he played off his new album “When I Was Cruel.” From his opening tune “45,” which he last played acoustically at the Oakland Paramount on his last tour through the Bay Area, to the mesmerizing “15 Petals,” a love song that Costello says in a recent “Rolling Stone” interview “is about the way love picks you up and hurls you around room,” he was able to bring the audience up to date on what he thinks about love, his current age and rock 'n' roll. 

Speaking of rock 'n' roll, on one of his new songs, “Spooky Girlfriend,” Costello joked with the crowd that the song was a modern morality tale about a “showbiz weasel and his protege, who looks like a German porn star and likes color-coded credit cards with matching shoes . . . I think she's here tonight.” The song has lyrics that say “I want a girl to turn my screw/To wind my watch, to buckle my shoe/And if she won't her mother will do/But when she does as she's told/We'll all turn platinum and gold.”  

In this song, and in many others off his last few albums, Costello has been able to transform his voice into a working instrument. Where once he shouted and shoved as many lyrics into a song as he could, now he takes his time and lets his voice tell more of the stories he's trying to get across. Costello, dressed in a black suit and with his hair now receding and buzzed, sang most of the other songs off his new album, too, including the title track, “When I Was Cruel No. 2,” “Tart,” and the haunting “Radio Silence.” He left the crowd, which was made up people both young and those who looked like they've followed his career from the start and were even wearing ear plugs up in the balcony, with three encores. The opening band was the Boston-based quartet American Hi-Fi. The band, which is led by former Aimee Mann drummer Stacy Jones, played just over a half-hour set. They sounded like a cross between the bands Green Day, Oasis and with a little bit of Smashing Pumpkins mixed in. Their song “Another Perfect Day” is currently getting airplay on both radio and television.

Friday, May 2

Fiddle Down the FBI! 

Rally to Commemorate the 12th Anniversary of the car bombing of Judi Bari and Darryl Cherney and Celebrate the end of their federal civil rights trial against the FBI and Oakland Police Department. 

Noon 

Oakland Federal Building 

13th and Clay St., near 12th St BART stop 

Bring musical instruments 

663-6330, www.judibari.org 

Cherokee Artist: John Balloue 

paintings depict scenes from historic & contemporary Cherokee history, as well as pow-wow and spiritual images. 

Gathering Tribes 

1573 Solano Ave. 

528-9038 or www.gatheringtribes.com 

Saturday, May 25

Word Beat Reading Series 

All kinds of entertainers come together. Featuring Kera Abraham and Ruth Levitan 

7-9 p.m. 

458 Perkins at Grand, Oakland 

Free 

Alice Waters "Chez Panisse Fruit" book signing 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Children's Movies 

Pinnochio (in English) 

Shows at noon & 2 p.m. 

The Actor's Studio 

3521 Maybelle Ave. 

Oakland 

510-530-0551 

$3 

6th Annual Sidewalk Chalk Art Festival 

Everyone's welcome to participate in covering Solono's sidewalks with chalk art. Featuring refreshments and entertainment. Artist's chalk and a Polaroid of the finished work are available for a fee. To encourage early registration, a raffle for merchandise by local business will be held for the artists at noon.  

Registration at Peralta Park, 9 a.m. - 5 p.m., 1561 Solano Ave. Berkeley. 

For more information: 510-527-5358, www.solanoave.org. 

Free 

Cain & Abel- 1st Annual Stop the Violence Gospel Festival 

In Memory of Children Killed by Senseless Violence 

St. Andrews Baptist Church Gospel Choir, Family in Unity Gospel Choir, Our lady of Lourdes’ Men Gospel Choir, Lorrain Taylor, Michael Nelson, Praise Dancers, Testimonials, Display of Homicide Quilt, presentation by Students of Malcolm X Academy, Sermon by Rev. Ishmael Burch Jr., LeDoursey’s “Gone But Not Forgotten” Sky, Ronald DeVoyce Blackburn’s From-the-Cradle-to-the- Grave memorial candles, The Homicide Names Banner and Holman “Bob” Turner’s photographs of parents at the graveside or location where their child was killed. 

Noon- 6 p.m. 

St. Andrews Baptist Church 

2565 Post Street (at Lyon) 

San Francisco 

415- 292-5157 or 415-346-6500 

Free- contributions and donations appreciated 

Chocolate & Chalk Art Festival 

Chalking takes place on Saturday only. Viewing the artwork all week end. 

Chocolate Festival begins by picking up a chocolate menu from business on Solano Ave. flying a festival banner. Chocolates are available for purchase from merchants as you stroll. Professor Gizmo, a one-man -band on Saturday from 2-4 at Peralta park and Berkeley Police operation Kid-print will be set up for finger printing your kids to keep in a file at home. Dog Fashion Show on Sunday at Solano & Key Route at 2 p.m., all animals must pre-register at 236-0588. Pet adoptions in Peralta Park 11:30-2:30 p.m., Sunday. Solano Avenue Gift Certificate Raffle anytime from May 22-29. Winner drawn May 29. 

The entire length of Solano Avenue, Berkeley & Albany 

19th Annual Himalayan Fair 

Outdoor celebration of the great Mountain Cultures! Authentic Himalayan Art, craft, Music & Dance, exotic food & stage entertainment. Benefits Himalayan Grassroots projects. 

Sat. 10-7, Sun. 10-5:30 

Live Oak Park 

Shattuck & Berryman 

$5-$7 Donation 

unday, May 26

Prayer to Shakyamuni Buddha 

A traditional prayer and meditation  

6 p.m. 

Tibetan Nyingma Institute 

1815 Highland Place 

843-6812 

Free 

Children's Movies 

Pinnochio (in Spanish) 

Shows at 1 & 3 p.m. 

The Actor's Studio 

3521 Maybelle Ave. 

Oakland 

510-530-0551 

$3 

19th Annual Himalayan Fair 

Outdoor celebration of the great Mountain Cultures! Authentic Himalayan Art, craft, Music & Dance, exotic food & stage entertainment. Benefits Himalayan Grassroots projects. 

Sat. 10-7, Sun. 10-5:30 

Live Oak Park 

Shattuck & Berryman 

$5-$7 Donation 

Chocolate & Chalk Art Festival 

Chalking takes place on Saturday only. Viewing the artwork all week end. 

Chocolate Festival begins by picking up a chocolate menu from business on Solano Ave. flying a festival banner. Chocolates are available for purchase from merchants as you stroll. Professor Gizmo, a one-man -band on Saturday from 2-4 at Peralta park and Berkeley Police operation Kid-print will be set up for finger printing your kids to keep in a file at home. Dog Fashion Show on Sunday at Solano & Key Route at 2 p.m., all animals must pre-register at 236-0588. Pet adoptions in Peralta Park 11:30-2:30 p.m., Sunday. Solano Avenue Gift Certificate Raffle anytime from May 22-29. Winner drawn May 29. 

The entire length of Solano Avenue, Berkeley & Albany 

Wednesday, May 29

Paul Geremia 

Country Blues 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at the door 

Thursday, May 30

Human Rights At Home and Abroad: A Strategy For Peace 

An educational forum to probe the relationship of the U.S. and the U.N. 

7 to 9 p.m. 

Fellowship Hall of Humanity 

390 27th Street (between Broadway & Telegraph) 

Oakland 

Free 

Bob Dylan Song Night 

An evening of Dylan Songs revisited 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$12.50 advance, $13.50 at the door 

May 30- June 1

White Oak Dance Project 

Mikhail Baryshnikov & the White Oak Dance Project exploring the boundaries of modern dance. Three Berkeley performances.  

8 p.m. 

Zellerbach Hall, UC Berkeley Campus  

Bancroft Way at Telegraph 

Tickets through Cal Performances 642-9988 or www.calperfs.berkeley.edu 

$36, $48, $62 and half-price to CAL students, $2 discount to others. 

Friday, May 31

Paramount Movie Classics-  

Alfred Hitchcock's Vertigo, 1958 

Doors at 7, Mighty Wurlitzer at 7:30, Newsreel, Cartoon, Previews, and Prize give-away game Dec-O-Win and feature Film 

2025 Broadway 

Oakland  

$5 

Blue Riders of the Purple Sage 

Classic cowboy harmonies 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$16.50 advance, $17.50 at the door 

Saturday, June 1

50th anniversary of the Little Train at Tilden Regional Park 

Grizzly Peak Boulevard and Lomas Cantadas in Berkeley 

For more information, call 544-2200 

Sand Castle and Sand Sculpture Contest 

9 a.m. for participants registration 

9- 12 p.m. (Judging starts at noon) 

Crown Beach, Otis and Shore Line Drives 

Alameda 

For more information, call 521-6887 or 748-4565 

Free 

The Bluegrass Intentions 

Innovative traditionalists 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$16.50 advance, $17.50 at the door 

Sunday, June 2

Healing/Tibetan Yoga 

"Stimulating Healing and Renewal through Tibetan Yoga" 

Tibetan Nyingma Institute 

1815 Highland Place 

843-6812 

Free 

Ice Cream Social 

An annual school PTA fundraiser 

Includes a student talent show, auction, cake walk and field games 

Rosa Parks Elementary School 

Noon to 4 p.m. 

Free 

Diablo Symphony Orchestra 

Verdi Spectacular! 

Soloists: Lyric soprano Karen Anderson, soprano Aimee Puentes and tenor Min-sheng Yang. Conducted by Barbara Day Turner 

2 p.m. 

Dean Lesher Regional Center for the Arts 

1601 Civic Center at Locust Dr. 

Walnut Creek 

925-7469, website: www.dlrca.org 

Tickets $8, $15 and $18 

Casey Neill 

Celtic American folk roots 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at the door

The Berkeley Unified School District revealed new budget figures and Superintendent Michele Lawrence warned that the district may carry a deficit into next year at the Board of Education meeting Wednesday night. 

In a separate development, Lawrence announced that the district will rush to apply for a nutrition grant that community activists, upset with the quality of school meals, have pushed feverishly. 

At the end of the night, a divided board passed a resolution opposing state legislation that would include curriculum and textbook issues in teacher contract negotiations. 

The deficit 

In March, when the district submitted a “second interim report” on the budget to the Alameda County Office of Education, it projected a $39,000 surplus for the current budget year, a $5.4 million deficit for 2002-2003 and a $13.2 million deficit for 2003-2004. 

Associate Superintendent Jerry Kurr presented new figures Wednesday night indicating that the surplus for the current budget year is closer to $1.1 million, in part because telephone and utilities costs were lower than expected. Kurr said the deficit for next year, including all the cuts the board has approved in recent months, is about $450,000. The projected deficit for 2003-2004 stands at roughly $4.4 million. 

Kurr warned that the figures are changing everyday. 

For instance the district just discovered that food service costs, paid out of a separate “cafeteria fund,” are bleeding into the general fund to the tune of $160,000. 

As a result, Kurr said, the numbers could go up or down before next week when the board is slated to approve the “third interim report” to the county. Final approval for next year’s budget is scheduled for June 26. 

Lawrence said she would prefer watch the numbers play out over the next few months before making final cuts to next year’s budget. 

“While we could probably press this much harder in the next couple of weeks to go after more cuts...I am loathe to do that,” Lawrence said. 

If next week’s figures still reveal a deficit and the district postpones further cuts for several months, the shortfall would carry into next year – casting doubt on county approval of the budget. 

Last year, the county disapproved of Berkeley’s budget and this fall assigned a financial adviser, the Fiscal Crisis & Management Assistance Team, a state agency, to assist the district. 

But Lawrence said the county might still approve the budget this year if the district has a solid recovery plan in place and appears to be making progress on vital infrastructure changes, including conversion to a new data processing system. 

The existing system, officials have acknowledged, has prevented the district from keeping proper track of payroll and health care costs. 

Nutrition grant 

Community activists heavily criticized the quality of school meals Wednesday night and urged the district to apply for a state grant titled Linking Education, Activity and Food, or LEAF. 

“If you look at the food that is being served in the cafeteria now, it is not something I would allow in my house,” said activist Yolanda Huang, holding up sugary cereals and salty burritos served at some sites. “This is unconscionable.” 

Lawrence announced that the district will apply for the grant, directed at middle schools, which includes healthy food and exercise requirements. The program provides $250,000 per school site over the course of two years. Lawrence said if the district gets any money, it is unlikely to win funding for all three of its schools since the state will only provide about 10 grants statewide. 

The superintendent said she would use the grant to plan for better exercise of a nationally-renowned food policy, passed in 1999, that has not been properly implemented. 

State legislation 

A sharply divided school board voted 3-2 to pass a resolution offered by vice-president Joaquin Rivera opposing AB 2160. The bill, sponsored by Assemblywoman Jacki Goldberg, D-Los Angeles, would allow unions to bargain over the processes for selecting textbooks and developing curriculum. Currently, unions can only negotiate hours, wages and conditions of employment. 

“The collective bargaining process is, by nature, adversarial,” said Rivera, arguing that textbook and curriculum issues do not belong in that arena. 

School board President Shirley Issel seconded the argument and said unions would likely use the issues as bargaining chips. 

“I have to respectfully disagree,” said John Selawsky, arguing that negotiations don’t need to involve conflict. He added that the state and textbook makers have too much power over the books that get into the classroom and said the legislation would assure processes that involve teachers and parents. 

Barry Fike, president of the Berkeley Federation of Teachers, said the district already does a good job of incorporating teachers and warned that support for the resolution would send a mixed message to instructors. 

“We strongly believe teachers should be active participants in all these processes,” Rivera responded. “The issue is not teacher participation. The issue is what is the proper forum for that participation.” 

To the Editor: 

If the community has any problems with the BUSD (Berkeley Unified School District) you better just sit back and wait .....and wait ...and wait...at least six months to a year for any action to occur.  

At least that’s the feeling that Berkeley school neighbors have who live in the vicinity of noisy, night-blasting, ventilation systems (Arts Magnet & Washington Schools). 

Neighbors who live directly across from the temporary building and ventilation system are subjected to constant, on and off, blasting noise throughout the night that can start as early as 1:30 a.m. and continue, on and off, until morning. 

One begins to wonder if anybody is really listening, when a problem goes unresolved over a six month period despite numerous pleadings before the BUSD at their public meetings.  

V. Peters 

Berkeley (Lincoln Street Neighbors to the Arts Magnet School) 

Solano Avenue sidewalks will explode with chocolate and colorful chalk artwork for three days during the Memorial Day holiday weekend at the Chocolate & Chalk Art Festival running May 25- 27. 

Stretching westward from The Alameda in Albany to San Pablo Avenue in Berkeley for one and a quarter miles the festival promises to be a feast for the eyes and sweet tooth as well as an economic shot in the arm for the area merchants. 

Solano Avenue will remain open to traffic. 

Amateur and professional artists will decorate sidewalk squares with chalk art drawings on Saturday only. Areas of the sidewalk will be assigned to children and adult artists. The registration area is scheduled to open at 9 a.m. at Peralta Park, near 1561 Solano Ave. Registration is free. 

Artists may bring their own chalk or purchase boxes of chalk for $4 when registering. All those who register Saturday before noon will be entered in a raffle to receive prizes such as tickets to an Oakland A’s game and gift certificates for merchandise at local stores. The two main events, the chalk artwork viewing and chocolate tasting will continue throughout the weekend.  

Other special events and activities will be interspersed between the artwork and shops offering chocolate delights. 

Look for Professor Gizmo, a comical one-man band scheduled to perform 2 to 4 p.m. on Saturday in Peralta Park. Also on Saturday, the Berkeley Police will set up “Operation Kidprint” nearby to provide parents with their children’s fingerprints to keep on file at home. 

On Sunday at 2 p.m. the retailer Dogs By Dianne will host a Dog Fashion Show at the intersection of Solano Avenue and Key Route. All participants must pre-register by phoning 510/236-0588. Also on Sunday, the Berkeley Animal Care Services will offer pets for adoption between 11:30 and 2:30 p.m. at Peralta Park. Chair massages will be offered on Monday at the park. 

Besides the festival the neighborhood offers plenty of window-shopping and other leisure-time activities. Solano Avenue is home for more than 500 businesses, including 75 restaurants, 150 retail shops, two theaters and several small parks. 

“People should plan on about three hours to walk up and down both sides of the street with stops along the way to see the art and eat some chocolate,” says Lisa Bullwinkel, executive director of the Solano Avenue Association, the sponsor of the festival. 

Special chocolate menus will be available free at more than 30 businesses displaying festival pennants. Many retailers have commissioned professional artists to create logos outside shops in chalk for the festival. 

Taste bud tantalizing items to choose from on the menu include homemade variations of chocolate popcorn, flan, eclair, cheesecake, baklava, cream pie, fried banana and champagne truffles. Lollipops for children and erotic lollipops for adults will also be available. For beverages there will be chocolate smoothes and Frappucinos to consider. 

True chocolate lovers may have trouble leaving the festival. Eating chocolate to some is akin to nirvana. It’s difficult to find anyone who doesn’t like chocolate or who can name someone they know who doesn’t like it.  

Nationwide Americans spend about $8.6 billion and consume about 3.3 billion pounds of chocolate annually, according to figures from the Chocolate Manufacturers Association.  

Worldwide, the United States ranks ninth in chocolate consumption. By a 2-1 margin milk chocolate is preferred over dark chocolate, but taste preference for dark chocolate increases as people age. Among consumers 18 to 24, only 11% prefer dark chocolate to milk chocolate, while 37% of consumers 45 to 54 years old favor dark chocolate over milk chocolate. 

Despite its universal appeal few people understand why people like chocolate so much, except perhaps for those who’s love affair with chocolate is the most special --- the people who make chocolate for the rest of us to enjoy.  

“I’m obsessively passionate about chocolate,” says Kara Thompson, owner of Torme Chocolate at 1580 Solano Ave. She’s a confectioner who specializes in  

chocolate truffles “There’s something spiritual about it, and I really like being around it,” she says. 

Chocolate gives people a feeling of well-being. The effect varies with people because of the chemical complexity of chocolate. “Does chocolate give you a high, absolutely yes, Thompson says. It’s intoxicating when you smell it.” 

“If you’re a runner and ever experienced the runner’s high or fallen in love, you might be interested in knowing that some of the chemicals in chocolate  

raise the body’s serotonin levels in a similar way,” she says. 

With respect to health chocolate probably has more positive beneficial effects on the body than negative ones, according to Thompson. Nutritionally, chocolate contains minerals needed by the body, antioxidants and it has a neutral impact on the cholesterol levels. 

She believes any negative effects from chocolate are likely to be related to the quality and quantity of chocolate consumed and the junk added to mass-manufactured chocolate, she says. 

The Chocolate Manufacturers Association has conducted numerous studies and published extensive reports on chocolate consumption patterns and scientific data related to the effect chocolate has on health. 

• Chocolate is the number one food craved by women, while men crave pizza the most. Some scientists theorize that women crave chocolate  

because it contains magnesium, which may be related to menstrual cycles when women tend to increase their intake of sweets. 

• Per capita chocolate consumption is highest in Belgium, followed by Switzerland, Germany, Ireland, United Kingdom, Austria, Denmark, France, Sweden and then the United States. 

• Stearic acid the form of fat found in cocoa butter that’s used to make chocolate is unsaturated because it’s derived from plants, which is why  

chocolate doesn’t raise blood cholesterol levels. Chocolate melts in your mouth because the melting point of cocoa butter is just below human body  

temperature. 

• Chocolate contains polyphenol antioxidants, or flavonoids, which are believed to reduce the risk of heart attacks and counteract the damaging effects of free radical molecules in the body. The quantities of antioxidants found in chocolate are similar to amounts typically found in fruits and vegetables. Chocolate, particularly dark chocolate, contains more antioxidants than black tea, red wine, raisins and strawberries. 

• More than 300 chemicals are found in chocolate, including stimulants such as caffeine, theobromine and phenylethylamine, which is related to amphetamines. These stimulants increase the brain activity of brain chemicals. Chocolate also contains anandamide, which binds to the same brain cell receptors as tetrahydrocannabinol or THC found in marijuana. 

City Council considers new regulations as well 

Toyoko Yoshino has been serving Japanese food at the gateway of the UC campus, off Telegraph Avenue, for three decades. 

Her kitchen is a wheeled cart that loosely resembles a little house, minus the tires, one might find in the countryside of Okinawa. Yoshino offers more than 25 food items on her sidewalk menu, most which cost less than $5. Chicken teriyaki, she says, has been the most popular dish of her 30-year-old cuisine. 

New street vending policies in Berkeley, though, may have Yoshino scrambling up some changes to her time-honored food cart, if not to her recipes, to her location. 

“My cart has wheels. I can pack it up in a minute,” Yoshino said accommodatingly. 

Campus on the city’s list of vending spots, and city officials themselves have begun pushing for tighter regulation of food vendors within city limits. 

The impact will be no city-licensed vendors on the UC campus, at least for the short term as well as uncertainty about where city officials will allow future food vending on city lands. 

A city ordinance, approved by City Council in its first reading this week, puts the city manager’s office in charge of overseeing food vending policy, eliminating the current committee that governs vendors, and redefines the standards, fees, and licensing terms for street carts. 

Although the ordinance, put forth by the city manager’s office, was initially slated to cover the entire city, council voted by a narrow 5-4 vote to limit its scope to the two already-designated food vending sites on Bancroft Way, at the junctions of Telegraph Avenue and College Avenue. 

“I don’t want the ordinance to go citywide without getting neighborhood input,” said Councilmember Polly Armstrong, who authored the amended measure. Neighbors along Bancroft Way have already shared their input on the measure, she noted. 

Under the new ordinance, Yoshino’s food cart and those of her neighbors, which have shuffled between university and city property, could likely secure legal positions on the same sidewalk or merely shift to a nearby city sidewalk, according to the city’s Senior Management Analyst A. Robin Orden. 

But there is some question. 

“There are legal issues about how far from the university’s right of way we can permit vendors, if the university decides they want to wipe them out,” said Councilmember Kriss Worthington. 

Worthington explained that, since the city’s new ordinance doesn’t apply to other areas of the city, the only sites where vending can legally occur, once the ordinance takes effect, is along Bancroft, and legal challenges may jeopardize these sites. 

“There might be no vendors anywhere in Berkeley,” said Worthington, who opposed the change to the ordinance that narrowed its realm. 

Adoption of the new ordinance, as determined by council, would effectively abolish the current ordinance and the vending sites it establishes. 

Councilmember Armstrong, though, suggested that the city intends to expand the scope of the new ordinance, meaning adding more vending sites, once public input can be heard from neighborhoods where the ordinance is being considered. 

“I love the food carts and I patronize them regularly,” Armstrong said. 

The city is expected to consider final adoption of the new vending ordinance next month. At the university, officials remain in the process of deciding what food vending policy will be enacted on campus. 

Currently, there are only four food vendors operating on public right-of-ways in Berkeley. All of the vendors are along Bancroft Way. 

Contact reporter at kurtis@berkeleydailyplanet.net 

To the Editor: 

Readers should know something civil libertarians and constitutional lawyers have known for years: obscene material is not protected by the First Amendment. This means that all laws regarding the dissemination and broadcast of obscene (read: pornographic or strongly sexually suggestive) are made on the municipal or state level.  

The censorship of the sex-realted program would not be an issue of First Amendment freedoms, it would only seek to limit access to prurient information not generally held as informative or socially acceptable by the general public. 

If the majority of citizens want to limit that access, then it should be done. We must stop calling every attempt to limit freedom a First Amendment issue, there is not freedom for pornography. 

John Parman 

Berkeley

LOS ANGELES — If you want to be among the first to own “Harry Potter and the Sorcerer’s Stone,” you need to get to the store at an appropriate hour: midnight. 

The official domestic release date of the first “Harry Potter” film on videotape and DVD is Tuesday. Stores around the country plan to stay open late Monday night so they can start ringing up sales at midnight for last year’s top-grossing movie. 

Wal-Mart, Borders, Blockbuster, Kmart and other retailers plan to have select stores open late. Die-hard fans also turned out at midnight at bookstores for the release of the most recent book in J.K. Rowling’s fantasy series, “Harry Potter and the Goblet of Fire,” and for midnight screenings of the film when it opened last fall. 

Some stores plan activities based on the tales of the boy sorcerer and his adventures at Hogwarts School of Witchcraft and Wizardry, including costume parties and Harry Potter look-alike contests. 

Warner Bros. home video would not release figures on how many videos are being shipped, but the studio said pre-orders have been strong. The trade publication Video Business estimated “Sorcerer’s Stone” would sell 18 million to 20 million copies on VHS and DVD in North America. 

In Great Britain, where “Harry Potter” videos were released May 11, a record 1.25 million copies on videotape and DVD were sold in the first day. 

The film grossed $317 million domestically, ranking No. 7 on the all-time box-office list. Worldwide, “Sorcerer’s Stone” took in $960 million, second behind “Titanic.” 

The VHS and two-disc DVD set each contain a handful of deleted scenes. The DVD set also has games, a tour of Hogwarts and interviews with director Chris Columbus and his collaborators, who discuss their emphasis on remaining faithful to Rowling’s book and give a look ahead at the next film, “Harry Potter and the Chamber of Secrets,” due in theaters this November. 

All three Bay Area airports are expecting an especially heavy flow of travelers to pass through their terminals this Memorial Day weekend, perhaps the highest numbers since the Sept. 11 attacks traumatized American air travel. 

San Jose International Airport spokesman Steve Luckenbach said Thursday that he expects the facilities in Terminal A, which houses Southwest Airlines and American Airlines, “to be strained tremendously.” 

Luckenbach said passengers should allow for two hours of waiting time in the terminal, instead of the normal 90-minute advance arrival. But he said plenty of long-term and short-term parking will be available. 

Friday will be the heaviest air travel day, according to Luckenbach, but the spike in travel will continue until Tuesday. 

Luckenbach said the Memorial Day weekend traditionally runs just behind Thanksgiving and Christmas as the busiest travel days of the year. 

But he expects this weekend's numbers to be the highest since September. 

San Francisco International Airport spokesman Mike McCarron said that SFO will have a “big bump today” in traffic, as well as through the weekend, but that the airport will not be strained past capacity.  

McCarron said this weekend is not only the kickoff for summer travel, but also coincides with college students leaving school and heading home or on vacation. He expects Friday and Saturday to be the busiest SFO has been in a while.  

He said travelers should observe regular advance arrival times, 90 minutes to two hours for domestic flights and at least two hours for international flights.  

He also said there will be ample parking for all those using the airport. 

Oakland International Airport will be opening extra security checkpoints and scheduling more staff to speed security screening this weekend, which is expected to see 20 percent more travelers than usual, according to airport spokeswoman Jo Murray. 

Friday and Tuesday will see the heaviest traffic, with some 40,000 people moving through the airport. 

Murray said domestic passengers should arrive at the airport 90 minutes before their scheduled departure, two hours prior if their flight leaves before 9 a.m.  

Travelers on international flights should arrive three hours ahead of time.  

The parking lots at the Oakland airport are expected to be full over the weekend.

To the Editor: 

It was interesting to read your article about Ward Connerly's Racial Privacy Initiative, which he hopes to impose on California voters the way he left us with Proposition 209. This initiative would prohibit state and local governments from collecting racial and ethnic data and using this information. 

However, one government entity that would be exempt from collecting racial data is, ironically, law enforcement.  

While Ward Connerly claims that his initiative is about removing considerations based upon race and creating a “color-blind” society, it would still condone racial profiling.  

“Driving While Black” would still be a crime. 

Paul Hogarth 

Berkeley Rent 

Board Commissioner 

DETROIT — The Detroit Electronic Music Festival drew more than 1 million people in each of its first two years.  

This year, organizers are emphasizing a wider variety of performers — and wondering why techno, which is hugely popular in Europe, is less well-received in the United States. 

The lineup of nearly 70 performers represents a blend of urban music, and includes Parliament Funkadelic’s George Clinton and the Los Angeles-based hip-hop trio Dilated Peoples. The three-day festival starts Saturday. 

“What we’re seeing now is a combination between hip-hop music and electronic music, and I think the Detroit festival is capitalizing on that,” said M. Tye Comer, the editor of Mixer Magazine in New York, which focuses on DJ culture. 

“The roots of the music — the funk and the soul — the roots are all the same. ... It’s expanding to become a celebration of urban music as a whole.” 

Mike Grant, who sits on the festival’s seven-member artistic board, said, “I think that diversity is what keeps the festival fresh. No one likes to eat the same food everyday.” 

Detroit DJs Kevin Saunderson, Derrick May and Carl Craig are often credited with inventing the techno sound while spinning in Detroit clubs in the early 1980s.  

The sound really took off in Europe, however. 

When the Detroit techno group Inner City became popular in the early 1980s, for instance, most people assumed they were British, said Dan Sicko, 33, the author of “Techno Rebels,” a book about the musical movement that led to the festival. 

“The festival is like a reunion for the artists and the city that spawned it,” Sicko said. 

“The American media to some degree loves to focus on music that comes from abroad ... and I think for at least a decade Detroit was overlooked that way.” 

Saunderson, May and Craig were instrumental in getting the festival off the ground, but they won’t be performing this year because of a dispute with the organizers.  

Fans can still catch them performing at various parties after the festival wraps up each night. 

“The nightlife will be bright,” Saunderson said. “It’s not often you get all the Detroit talent together.” 

Sicko said this year’s festival is aimed at closing the gap between techno’s original, black, Detroit audience and the white kids who picked up on it later. 

Comer said George Clinton “expands the scope” of the event, which he called “one of the most important dance festivals America sees every year.” 

The festival bills itself as the world’s largest free music festival. It “draws ravers from all across the country,” Comer said. “It brings out families. It’s more than a party.” 

For performers such as Dilated Peoples’ DJ Babu, “This might be our biggest crowd ever.” 

A high pressure system along the mid-Atlantic coast brought sunny skies to much of the East on Thursday afternoon. 

Light showers fell on the east coast of Florida, with some areas reporting strong winds. 

The Great Lakes and Ohio River Valley were also windy as a cold front approached from the west. 

In the central states, an area of low pressure moved across northern Minnesota. A cold front extended from the low into the central Plains and moved little during the day. 

Clouds hung over Texas north to Wisconsin. Winds in the central Plains averaged 25 miles per hour with gusts over 40. 

A few light rain and snow showers were found across the Dakotas and Minnesota with temperatures in the 30s and 40s. In Iowa and Illinois, rain and a few thunderstorms moved through. Showers and thunderstorms also developed near the Red River in northern Texas and western Oklahoma. 

The West was mostly cloudy from northern Wyoming through Idaho and Montana. 

In the Pacific northwest, clouds gathered along the coasts of Washington and northern Oregon. California and the Desert Southwest were mostly clear and mild. 

Temperatures on Thursday afternoon in the Lower 48 states ranged from a low of 20 in Big Piney, Wyo., to a high of 93 in Wink, Texas. 

To the Editor:  

I am chagrined that a large majority of the Berkeley City Council has succumbed to the censorious pressures of some blue-nosed puritans and favors banning of "adult programming" from B-TV Channel 25 until after the midnight hour. 

This punishes those good folks who are comfortable with their sexuality and enjoy "The Susan Block Show" and Frank Moore's "Unlimited Possibilities" as being some kind of prurient social pariahs who deserve to be deprived of their sleeping hours in order to watch them.  

It is not the job of the City Council to act as an authoritarian censor or morals cop. It should remain the sole responsibility of parents to monitor what their kids can watch. 

I'm 76-years-old, a white ethnic male, and a great-grandfather to boot and thus might be stereotyped by some as a "social conservative". Not this dude!  

I've belonged to the ACLU for over 40 years 

and have supported our Constitutional free speech rights as long as I can remember. And this proposed censorship is a clear free speech violation. 

And, thank you, Kriss Worthington for your 

opposition to the measure and remembering that we live in Berkeley, home of the Free Speech Movement, and not Iran or some Bible Belt backwater. 

Harry Siitonen 

Berkeley  

Female genital mutilation is not usually the subject of stand-up comedy. But for African-born Sia Amma, humor has proved powerful and healing. Subjected to a clitorodectomy in her native Liberia when she was just nine years old, Amma has made the problem of female circumcision the central subject of a one-woman show. 

The actress attacks the issue immediately and audaciously in the opening seconds of "In Search of My Clitoris." Sweeping into the theater, she asks her audience, "Have you seen my clitoris? I’m sure it’s here somewhere."  

Over the next 90 minutes, the 34-yr-old Amma reflects on her journey from traditional African village girl to modern feminist and activist. Her poignant, provocative story is lightened with humorous anecdotes about her friends and family in Africa and the culture shock she underwent when she first came to America a decade ago. 

"I feel if I make fun of myself, no one can punish me, no one can condemn me," Amma explains. She also wants to convey the pride she feels in her culture, and not allow her Western audience to dismiss an entire culture because of the unsavory practice of female circumcision. Her bold and bawdy humor reminds listeners that they have their own hang-ups when it comes to sexuality. "You American have a clitoris and you don’t even know it!" she scolds.  

Next week, Amma appears at Berkeley’s La Pena Cultural Center in two performances to benefit Global Women Intact, a San Francisco organization dedicated to stopping the practice of female genital mutilation worldwide.  

Representing GWI, Amma travels frequently to Africa, where she speaks to women and girls about female circumcision—"teaching Clitoris 101," she says. In cultures where female anatomy is almost never discussed, such frankness is startling, but she makes no apologies. "I am saying that it’s part of a woman, it’s beautiful, and there’s nothing wrong with having a clitoris that drags on the ground," she says. "I want to take away the shame from the word ‘clitoris.’" 

This is a complete reversal for a woman who for years barely comprehended what had happened to her body. The topic was not discussed in her village. "Some of the languages I speak"—she knows four African languages—"don’t even have a word for clitoris," she explains. 

Her awareness began to change when Amma came to San Francisco, eventually enrolling as a student in intercultural communications at SFSU. She was humiliated during a doctor’s exam when the American physician commented on the unusual appearance of her genitalia. "I was completely horrified and embarrassed," she remembers.  

Hesitantly, Amma began to discuss her condition with female friends. "I had to go and buy books from Good Vibrations to see pictures of what a normal clitoris looks like." She discovered other women who also had been mutilated as girls. The idea of a performance began to grow. "Women started telling me their stories, and it just snowballed," she says. 

It started as a stand-up comedy routine, performed for just a few friends. Over the past year and a half, Amma developed and expanded the routine into a full-length play. This past year, with the assistance of director Joya Corey, she’s taken her show on the road, performing coast to coast, from Symphony Space in New York to the Northwest Actor’s Studio in Seattle. Reception has been enthusiastic. Reviewers have called the show "startling and provocative," drawing comparisons with Eve Ensler’s "The Vagina Monologues." 

For Amma, the play is important, but it’s only one part of her work to educate people about female circumcision. She speaks passionately and joyfully about her work in Africa. "This is what I want to do for the rest of my life," she says. 

Besides teaching courses on sex education in African schools and community organizations, Amma meets with tribal leaders to discuss ways of preserving a girl’s traditional rite of passage without performing mutilations. She directs her education efforts particularly at women, since mothers often pressure their daughters to undergo circumcision, and midwives often carry out the procedure as part of their livelihood. Instead, Amma encourages tribal women to produce crafts—jewelry, purses, and beadwork—which she brings back to the U.S. to sell, sending the money back to the village.  

"By working with women’s financial needs, you are taking on the problem [of female circumcision] at a very practical level," she says. "If you want to help somebody, you cannot go in and condemn them and expect them to listen to you." 

Woman to woman, person by person, Amma steadfastly pursues her mission. "My grandmother says when you educate a woman, you educate the world." 

In Search of My Clitoris  

May 30 & 31 at 8 p.m. 

La Pena Cultural Center, 3105 Shattuck, Berkeley.  

Tickets $15. (510) 849-2568 or go to www.celebrateclitoris.com 

FBI agent allegedly switched allegiance to gangsters 

BOSTON — John J. Connolly Jr. was once known as the FBI agent who snagged gangster James “Whitey” Bulger to help in the FBI’s war against the mafia. 

Somewhere along the way, Connolly allowed himself to be corrupted by his prized informant and began protecting the thugs he was supposed to be investigating, a prosecutor told jurors in closing arguments of Connolly’s racketeering trial Thursday. 

Prosecutor John Durham outlined the allegations against Connolly, which range from taking bribes to tipping Bulger’s gang about informants who were later killed. The jury was to begin deliberations in the case on Friday. 

Connolly, 61, never took the stand. He pleaded innocent to racketeering and obstruction of justice charges and previously denied taking bribes. He also has said that everything he did was cleared by his superiors at the FBI, who used information provided by Bulger and Stephen “The Rifleman” Flemmi to take down the New England mafia. 

His attorney, Tracy Miner, told jurors Thursday that Connolly was being targeted because the FBI needed a scapegoat after it was revealed during 1998 hearings that it had mishandled its top criminal informants, including Bulger. 

“The government ... needed a scapegoat for its problems, and who better than the informants’ handler,” Miner said. 

In his closing, Durham pointed to an FBI training video featuring Connolly, shown by the defense, as proof Connolly knew the agency rules. He didn’t follow them, Durham said, because he had switched allegiances. “He was playing for another team,” Durham said. 

The trial’s most distressing testimony involved leaks by Connolly to Bulger and Flemmi in which Connolly identified three men who were giving information to the FBI about Bulger’s Winter Hill Gang, Durham said. 

The three men were later killed by members of the gang, members testified. 

Durham went over in detail testimony from Kevin Weeks, Bulger’s right-hand man, who said that on Dec. 23, 1994, Connolly told him to warn Bulger, Flemmi and mafia boss Frank “Cadillac Frank” Salemme that indictments would be coming down against them soon. Bulger disappeared soon after and is still a fugitive. 

Connolly has denied tipping the men off to the indictment. 

Weeks also testified that he delivered $5,000 in cash from Bulger to Connolly. John Martorano, a confessed hitman for the Winter Hill Gang, testified that Bulger gave Connolly a two-carat diamond ring. 

“Your common sense tells you when you accept a thing of value when you are an FBI agent, you know you are compromised,” Durham said. 

Durham called Martorano’s testimony, in which he admitted to at least 20 murders, “clearly chilling.” 

He asked jurors to carefully consider testimony from Martorano, Weeks and Salemme. He acknowledged that all three were notorious criminals, but said each knew details they could not have known without getting them from a source in the FBI: Connolly. 

In addition to the criminal case against Connolly, the FBI or its agents are named in at least a half dozen civil lawsuits filed by the families of people killed or victimized by Bulger and his gang. One wrongful death lawsuit, filed by the family of Roger Wheeler, the owner of World Jai Alai who was gunned down in Tulsa, Okla., in 1981, claims the FBI allowed Bulger and Flemmi to murder with impunity. 

A congressional committee also has been investigating the Boston FBI’s handling of mob informants in the 1960s. 

xSAN JOSE — Attorneys for former motel handyman Cary Stayner, who has admitted in grotesque detail how he killed three Yosemite National Park tourists in 1999, will try to save his life by arguing to a jury he is mentally ill. 

Nearly a year and a half after originally pleading innocent to the tourists’ killings, Stayner switched the plea to innocent by reason of insanity Wednesday. That raised the possibility that, if convicted, he could face life in a mental institution rather than execution. 

His attorneys told Superior Court Judge Thomas Hastings that Stayner suffers from obsessive-compulsive disorder, depression and an “unspecified psychosis.” 

Hastings explained to Stayner that if he is convicted, a jury would consider whether he was insane at the time of the killings or was clear-headed enough to know the difference between right and wrong. 

“Do you understand?” Hastings asked. 

“Yes,” Stayner said. 

Stayner, 40, already is serving life in federal prison for beheading Yosemite nature guide Joie Armstrong. He now faces state charges in the killings of Carole Sund, her daughter, Juli, and family friend Silvina Pelosso of Argentina, who had stayed at the motel outside Yosemite where Stayner worked. 

Stayner’s attorneys said their list of potential trial witnesses consists only of seven psychological experts, including at least one who would cite brain scans that indicate Stayner’s frontal lobe shows evidence of his purported mental illness. 

However, prosecutors — who plan to have Stayner examined by noted forensic psychologist Park Dietz — object to the use of the scans. 

Prosecutor George Williamson argued that the method in question, a positron emission tomography (PET) scan, is useful for discovering tumors, strokes, dementia and Alzheimer’s disease, but is not yet widely accepted in the diagnosis of mental illness. 

Stayner attorney Michael Burt countered that recent studies have shown some mental illnesses can be detected by PET scans, and that defense experts should be allowed to refer to them — but not completely rely on them — in their testimony. 

Hastings said he wanted to hear more from medical experts before deciding whether the PET scans can be used at trial. The issue could be taken up at a hearing after jury selection begins June 10. 

If a jury has to consider whether Stayner was sane enough to know right from wrong, prosecutors figure to use his own words against him. For example, Stayner told the FBI he was careful to clean up the women’s motel room, with tips he gleaned from a forensic science program on the Discovery Channel. 

Defense attorney Marcia Morrissey declined to comment outside court on how she would overcome such statements. Only minutes earlier, she had failed in yet another attempt to bar Stayner’s confessions from the trial. 

The judge ruled last month over defense objections that Stayner voluntarily admitted to FBI agents and a TV reporter that he killed Armstrong and the tourists. 

On Wednesday, Morrissey argued that the FBI agents did not have probable cause to arrest Stayner before he confessed. She also claimed Stayner’s original public defender was incompetent because he didn’t tell Stayner not to talk to journalists. 

On the first claim, Hastings ruled there was plenty of evidence to detain Stayner for questioning or to arrest him. Stayner’s car and its tire tracks were seen near where Armstrong’s body was found, for example. 

Hastings called the second argument a stretch. 

Once a jury is seated, testimony is expected to begin in mid-July and last two months. The case was moved to San Jose because of extensive publicity around Yosemite and in California’s Central Valley. 

xSAN BERNARDINO — A judge said Thursday that a board that has repeatedly denied Leslie Van Houten parole in two Manson Family murders has failed to give her any guidance on what she could do to make herself suitable for release. 

“If I were in Ms. Van Houten’s situation I wouldn’t have a clue what to do before the next hearing to prepare,” Superior Court Judge Bob N. Krug said during a hearing on Van Houten’s appeal of the parole board’s refusal to grant parole — 13 times so far. 

Krug said he would rule after further consideration. A ruling for Van Houten could affect cases beyond hers but would be certain to be appealed by the state. 

The graying Van Houten, 52, was convicted in the slayings of Leno and Rosemary La Bianca and was part of the Charles Manson cult that murdered actress Sharon Tate and four others in the summer of 1969 — one of California’s most notorious crimes. 

Her case has been seen as somewhat different than those of Manson, chief lieutenant Charles “Tex” Watson, and two other women, Susan Atkins and Patricia Krenwinkle, who participated in all seven murders. Van Houten’s initial conviction was overturned and a second trial ended in a hung jury. A third trial convicted her again. 

The judge said he compared the language of a parole board decision quoted in a landmark ruling with the language used by the board that denied Van Houten’s last bid for parole in June 2000 and found they were identical. 

“When I read the decision it sounded like they just read from a script,” he said. “It’s almost verbatim. ... Isn’t that a pro forma decision?” 

Van Houten’s attorney, Christie Webb, argued that the hearings had become “a sham” and that the board has never considered any of Van Houten’s efforts to improve herself but merely denies parole because of the nature of her crime. 

“If the state can use the crime without making a link to current dangerousness, they could go on for another 33 years, turning her sentence into life without the possibility of parole,” Webb said. 

She said the state is required to make a connection between the gravity of the crime and whether Van Houten would be a danger to society if released. 

All of the records, the attorney said, show that she would not be a danger. 

“She is not the person she was at age 19 when she participated in the crimes,” Webb said. “She has not taken drugs in three decades. She is much more of a leader than a follower in prison. ... And she has insight into how she could have participated in these crimes and how she can make amends.” 

Goat killer sought 

OAKLAND — Oakland police are looking for a gunman who killed a weed-eating goat in a park behind an elementary school. 

The goat was part of a herd hired to eat weeds and grass behind Howard Elementary School on Wednesday. A goat herder said he saw a man driving a white truck pull up, shoot the goat and drive off. 

“I think it’s cruel to shoot a defenseless animal. The goat was just there, eating grass, minding its own business,” said Oakland park ranger Keona Johnson. 

Oakland contracts a Davis company to keep 1,000 goats in the 75-acre park behind the school to trim dry vegetation that could catch fire during the hot summer months. 

No other goats were injured in the shooting. 

Bay deemed safe for fishing  

SAN FRANCISCO — Water quality regulators have relaxed restrictions on nickel and copper in San Francisco Bay, saying current levels haven’t appeared toxic enough to harm fish and other organisms. 

The San Francisco Bay Regional Water Quality Control Board loosened standards on the metals for waters south of the Dumbarton Bridge on Wednesday. But the new regulations must be approved by state and federal boards before going into effect said Wil Bruhns of the Water Quality Board. 

A group of studies paid for by the city of San Jose persuaded the board to change the standards. Tetra-Tech, the company that conducted the studies, found that levels of nickel and copper in southern portions of the Bay were significantly below national standards determined to be safe by the Environmental Protection Agency, Bruhns said. 

Copper and nickel both are toxic at certain levels. 

The move was applauded by municipal sewage treatment plants and Bay Area cities, who say meeting the current standards is costly. 

Bruhns said that the new regulations were approved along with a plan of action to control the metals if levels start to increase. 

Davis releases dollarsto Napa  

NAPA — Governor Gray Davis announced Thursday the release of millions of dollars to repair earthquake damage in Napa. 

Roughly $4.8 million in funds from the Office of Emergency Services will help fix the city’s largest auditorium in the Old Napa High School building, built in 1923, officials said. 

The 5.2 Napa earthquake of September 3, 2000 rocked the auditorium, bending some wall braces and pulling others apart. 

LONDON — Some types of rubber bullets used by police to restrain unruly protesters kill and maim too often to be considered a safe method of crowd control, new research concludes. 

Rubber-coated bullets are intended to inflict superficial painful injuries to deter rioters. But a study of their use by Israeli security forces has found police often fire from too close and aim poorly. Even when fired properly, it said, the bullets are so inaccurate that they can cause unintended injuries. 

The study, published this week in The Lancet medical journal, examined the effects of rubber-coated bullets used by the Israeli police force during riots by Israeli Arabs in northern and central Israel in early October 2000. 

Those bullets are in fact made of metal encased in a rubber shell, and are different from the original rubber bullets first used in 1970 by the British in Northern Ireland. 

The British rubber bullets were designed to be fired at the ground so that they would bounce up and hit the legs of demonstrators. They were replaced in 1989 in Northern Ireland by plastic ones because the rubber bullets were judged too dangerous. 

Other variations of rubber bullets are used in several countries, including the United States.  

These include rubber-coated metal bullets, rubber plugs, plastic bullets called baton rounds, and beanbag rounds — fabric beanbags about the size of a tea bag filled with lead pellets. 

Each type has a different effect on the human body under different circumstances. 

Mike McBride, editor of Jane’s Police and Security Equipment, said the Israeli findings have no bearing on other types of crowd control ammunition. 

“There are lots of different manufacturers out there making lots of different types of riot control projectiles,” McBride said. 

Baton rounds, or pure plastic bullets, are used in Northern Ireland today.  

They are lighter, faster and more accurate than their rubber predecessors, McBride said. 

“They’ve been used 166 times in Northern Ireland, twice in mainland Britain, and there have been no deaths associated with the use of those,” he said. 

In the United States, local police make their own decisions on what to use for crowd control, and methods vary across the country. 

Online company’s shares skyrocket by almost 12 percent after initial IPO 

SAN FRANCISCO – Investors gave a thumbs up to Thursday’s stock market debut of online DVD rental service Netflix Inc., whose shares rose by nearly 12 percent after the company’s successful initial public offering. 

The shares closed at $16.75 on the Nasdaq Stock Market, up from the IPO price of $15. The stock traded as high as $17.40 Thursday. 

The positive response represented another baby step for Internet companies as the once-thriving sector tries to regain investor confidence following the dot-com meltdown of the past two years. 

After showing virtually no interest in online businesses last year, Wall Street has embraced both Internet businesses that dared to test the stormy waters this year. 

Online payment provider PayPal Inc. went public in February at $13 per share and enjoyed a 55 percent gain on its first day of trading. PayPal’s shares have climbed even higher since then, closing at $25.50 Thursday on the Nasdaq Stock Market. 

Although Netflix’s first-day pop wasn’t as dramatic as PayPal’s, the gains nevertheless were a heartening sign for the battered high-tech industry. 

“It looks like investors’ tolerance is growing a little bit,” said Kyle Huske, an analyst with IPO.com. “Any time you have a deal do well in any sector, it helps draw attention to the entire sector.” 

No one expects the success of the PayPal and Netflix IPOs to trigger a gold rush similar to the late 1990s, when hundreds of unprofitable Internet companies sold their stocks to the public. 

“There are still people out there who wake up screaming in the night when they hear the word ’dot com,’ ” said David Menlow, president of IPOfincancial.com. 

Still, the market is looking less hostile for the most prominent privately held Internet businesses. 

The changing sentiment encouraged online travel site Orbitz to file its IPO plans earlier this year, and the friendlier atmosphere is expected to eventually lure the popular search engine Google into the market. 

Both PayPal and Netflix enticed investors with their rapid growth and leadership in promising markets. 

Despite Netflix’s uninterrupted history of losses that totaled $141.8 million through March 31, investors are intrigued with the Los Gatos-based company’s prospects with households across the country embracing DVD players. 

Netflix has more than 600,000 subscribers, most of whom pay $19.95 per month to rent an unlimited number of DVDs from the company’s library of 11,500 titles. Subscribers are mailed up to three DVDs at a time after placing their orders online. 

“I felt like investors looked at our story for what it was,” Reed Hastings, Netflix’s chief executive officer and founder, said Thursday. “Being an online company didn’t taint us, nor did it give us a halo.” 

The dot-com tag forced Netflix to scrap its previous IPO plans two years ago. 

The delay gave Netflix more time to build a formidable business. When Netflix first filed plans to go public in April 2000, the company had just 120,000 subscribers and 5.4 million U.S. households had DVD players, about one-fifth of the estimated 25 million households with the set-top players at the end of 2001. 

The rapid adoption of DVDs still hasn’t been enough to make money for Netflix. 

In its most recent quarter, Netflix lost $4.5 million on revenue of $30.5 million in the first quarter, an improvement from a loss of $20.6 million on revenue of $17.1 million at the same point last year. 

Hastings declined to predict when Netflix will make money. Merrill Lynch, the investment banker that spearheaded the Netflix IPO, expects the company to become profitable in the second quarter of next year. 

Netflix raised $82.5 million from the IPO, and will keep $74.7 million after paying fees and other expenses incurred in the offering, according to documents filed Thursday with the Securities and Exchange Commission. The company will use $14.1 million to repay debts and then spend a substantial amount on promotions designed to attract even more subscribers through two-week free trials. 

If Netflix doesn’t become profitable “in a reasonable amount of time, investors will dump it pretty quickly,” Huske said.

WASHINGTON – A federal agency set up an “Enron Information Link” for people to report suspicious activities involving Enron or other companies that may have affected West Coast energy prices. 

The Commodity Futures Trading Commission said a questionnaire is available by clicking on the Enron Information Link under the Customer Protection heading on the agency’s Web page at http://www.cftc.gov. 

The government is investigating whether now-bankrupt Enron Corp. or other energy companies manipulated the power market in California — where wholesale energy prices shot up tenfold during the crisis in 2000 and 2001. 

An Enron corporate document released recently described how the company’s traders sought to cash in on the state’s energy crisis using strategies named “Death Star,” “Ricochet,” “Fat Boy” and “Get Shorty.” 

The new questionnaire is to be used for reporting suspicious activities or transactions involving Enron or any other company that may have affected West Coast electricity or natural gas prices, or any other commodity, from January 2000 through Dec. 31, 2001. It can be transmitted electronically or by mail to the Division of Enforcement, Commodity Futures Trading Commission, 140 Broadway, New York, New York 10005, or by fax to 646-746-9939. 

The CFTC said there are two other ways in which people can submit any relevant information: 

—Call the agency’s toll-free voice mailbox and leave a message at 866-616-1783. 

—Send an e-mail to enron(at)cftc.gov.

SAN FRANCISCO – Online travel service Orbitz will target footloose gays and lesbians under a marketing partnership announced Wednesday with Web portal Gay.com. 

Terms of the deal, which will include a gay-themed banner and pop-up ads, were not announced. 

The companies said gays and lesbians are seven times more likely than the average person to take six or more flights per year. 

Major airlines created Orbitz last June to sell tickets, lodging, car rentals and vacation packages. PlanetOut Partners USA Inc., which owns San Francisco-based Gay.com, said it has 4 million registered members. 

Chicago-based Orbitz, which says it is the third largest online travel site, filed papers Monday with government regulators for a $125 million initial public offering.

SACRAMENTO – Budget negotiators will consider boosting logging fees to help trim the state’s projected $23.6 billion budget shortfall, lawmakers decided Wednesday evening. 

An Assembly budget subcommittee deliberately approved a different proposed timber yield tax increase than was approved last week by its Senate counterpart. 

The effect is to send the issue to a budget conference committee made up of negotiators from the Assembly and Senate, said Assemblyman Fred Keeley, D-Boulder Creek, who proposed the move. 

The Senate subcommittee proposed the tax be increased by 4 percentage points, raising an estimated $21.5 million a year to fully cover the state’s cost of environmental reviews of logging plans, the Legislative Analyst’s Office projected. 

Timber owners currently pay a 3 percent yield tax, but just $174,000 goes to harvest reviews. 

Timber companies and the Department of Forestry object to the proposal, saying logging companies already pay other costs associated with the reviews.

SAN JOSE — Yahoo! Inc. said Thursday it plans to pull most of its online auction initiatives in Europe and instead promote eBay’s market-leading auction site there. 

Yahoo said Thursday that in six weeks, it will shut down auction services on five of its European Web sites: Britain and Ireland, France, Germany, Italy and Spain. Under a marketing deal with eBay, Yahoo said it will feature advertisements touting eBay auction services there. 

Financial details of the multi-year agreement were not disclosed. 

Yahoo decided to close the auctions after a review last year of its business, Rob Solomon, senior vice president of Yahoo’s commerce division, said in an interview Thursday. In Europe, it is typically a distant third-place player. 

“We’re looking at businesses where we can grow and be most profitable,” he said. And in Europe, that means resources will be shifted to commerce initiatives such as Yahoo! Shopping and Yahoo! Travel. 

Yahoo will continue to operate an auction site in Denmark, where it has had more success, Solomon said. 

Yahoo’s withdrawal is the latest indication of the stiff competition in the online auction world. 

In March, eBay pulled out of the Japanese market despite other efforts to expand in Asia. Even without charging user fees in Japan, eBay ranked a distant fourth in the market. Ebay has advertised on Yahoo’s European sites before, but the marketing pact is their first formal deal, Solomon said. 

TRUCHAS, N.M. — Hundreds of people left their homes Thursday as a fast-moving 6,000-acre wildfire threatened a small northern New Mexico town. 

“I cried on the way down,” said Jill Jaramillo, who grabbed her four young daughters, blankets and a change of clothes before leaving for an emergency shelter. “How can you make a choice of what to bring?” 

The fire in the Santa Fe National Forest exploded from 400 acres to 6,000 within hours, prompting the evacuation request. It was moving toward the east end of town, and was 1 1/2 miles from the nearest building as of 5 p.m., fire information officer Charles Jankiewicz said. 

There were no immediate reports of any damage in Truchas, less than 100 miles from the Colorado border. 

The fire began to spot Thursday afternoon, meaning embers flung in front of the blaze started new fires. 

“There’s no way we can put people in front of this fire,” Jankiewicz said. “It’s too dangerous. This fire is going where it wants.” Special fire engines were thundering into place around clusters of homes and other buildings, he said. 

Jaramillo said the fire would be a hardship for residents. 

“We are all just barely making it, and we don’t need this to happen to us,” she said. “You struggle so hard, and it could be gone in a minute — everything.” 

A towering ridge of smoke soared high, dominating the Santa Fe sky. 

The wind gusted up 40 mph earlier but was turning east and could blow the fire away from the towns by Friday, National Weather Service meteorologist Clay Anderson said. 

In Colorado, seven buildings at a youth campground and two summer homes burned Thursday near Deckers. The blaze was between 4,000 and 5,000 acres and 20 percent contained, Forest Service spokesman Pete Davis said. 

“The weather has been extremely cooperative so far and the predictions are it’s going to continue that way,” he said. “We’re very hopeful.” 

More than 100 students were evacuated from the youth camp late Tuesday as the fire raced north, and about 100 homes were threatened in the area surrounding Deckers, a popular fly-fishing spot on the South Platte River. 

“There’s nothing you can do about it,” said B.A. Claussen, who saw flames on his way to his cabin Tuesday night. “I grabbed the wine and the stamp collection and we loaded the good stuff in the Jeep.” 

Claussen donned a fire retardant suit to go with firefighters to check out his cabin and was relieved to find it barely singed Thursday. A neighbor’s home was destroyed, he said. 

At Colorado’s request, the Federal Emergency Management Agency agreed Thursday to pay 75 percent of the firefighting costs, agency spokesman Jim Chesnutt said. 

Several other fires were burning in the West. 

xLandmark cases brought by individual smokers against the tobacco industry, listing date, location, award, parties and status: 

— March: Portland, Ore., $150 million punitive, Schwarz v. Philip Morris. On appeal. (Reduced to $100 million by judge in May). 

— February: Kansas City, Kan., $196,000 compensatory, Burton v. RJR Tobacco and The American Tobacco Co. Punitive damage ruling pending. 

— June 2001: Los Angeles, $3 billion punitive, Boeken v. Philip Morris. On appeal. (Reduced to $100 million by judge in August 2001). 

— October 2000: Tampa, Fla., $200,000 compensatory, Jones v. RJR Tobacco. Overturned. 

— March 2000: San Francisco, $20 million punitive, Whiteley v. Philip Morris and R.J. Reynolds Corp. On appeal. 

— March 1999: Portland, Ore., $79.5 million punitive, Williams-Branch v. Philip Morris. On appeal. (Reduced to $32 million by judge). 

— February 1999: San Francisco, $50 million punitive. Henley v. Philip Morris. On appeal. (Reduced to $25 million by judge). 

— June 1998: Jacksonville, Fla., $552,000 compensatory and $450,000 punitive. Widdick v. Brown & Williamson. Overturned. 

— August 1996: Jacksonville, Fla., $750,000 compensatory. Carter v. Brown & Williamson. First and only tobacco payment: $1.1 million (including interest) in March 2001. 

Source: Tobacco Products Liability Project of Northeastern University; AP archives. 

NASHVILLE, Tenn. — Two men who forced a bank manager to rob her own bank while they held her family hostage were convicted Thursday of armed bank robbery by extortion. 

Carlton V. Smith and Thomas A. Nichols had previously been convicted for their role in two similar bank heists in eastern Tennessee, and elements of the trial mirrored those presented to a Chattanooga jury in 1999. 

In Thursday’s case, the two men and a third, who prosecutors say masterminded the scheme he called “the love connection,” targeted Carolyn Pierce, a bank manager in Clarksville. 

Pierce endured an 18-hour siege of her home by the three men before she retrieved $851,000 from the bank. Her husband had been tied up and threatened with death, and their child was at home at the time, as were Pierce’s parents. 

The third man, Doug Daigle, later hanged himself in jail. He didn’t wear a mask, but his inside accomplice did, a man Assistant U.S. Attorney Lee Deneke told jurors was Smith. Nichols was the outside lookout, Deneke said. 

Some of the evidence against the men was collected by the hostages. Pierce’s father, Leonard Beaudoin, a former military policeman, surreptitiously hid the cigarette butts left around the house by his captors. The cigarette butts yielded DNA evidence that pointed to Daigle and Smith. 

Carolyn Pierce also remembered seeing a black Mustang creeping toward the money drop after she left $851,000 there. Nichols was driving a black Mustang in East Tennessee when he was pulled over and ticketed by a police officer for running a stop sign. 

Prosecutors told jurors that Smith and Nichols couldn’t have afforded the Harley-Davidson motorcycles they bought in early 1997 before the bank heist. 

But Smith’s attorney, Carl Douglas Thoresen, said in his closing arguments the plentiful testimony about his client’s marijuana cultivation and said the cash could have come from his client’s illegal dealings. 

Hahn, Riordan speak out against plan to separate San Fernando Valley from second-biggest U.S. city 

LOS ANGELES – Battle lines were drawn Thursday in what may become a $10 million fight to decide if the San Fernando Valley will break away from the nation’s second-largest city. 

Current Mayor James Hahn, a Democrat, and former Mayor Richard Riordan, a Republican, joined forces a day after a local commission voted to put a secession measure on the Nov. 5 city ballot. 

A legal challenge to the measure had been considered a possibility, but at a City Hall news conference the mayor said he had no plans to sue. 

“We think we can win this battle at the polls,” he said. 

Secession advocates have said they expect to spend $3 million to $5 million. They also have talked about combining forces with secession advocates in Hollywood and the San Pedro harbor area. A decision on whether to place those breakup measures on the ballot will be made this month. 

Hahn and Riordan will be part of a privately funded campaign that hopes to raise $5 million, campaign consultant Bill Carrick said. 

Riordan, a multimillionaire businessman, pledged to walk precincts and to write “a good-sized check” for the anti-secession movement, although he didn’t provide a figure. 

“I’ll match what I made as mayor,” he joked. Riordan spent about $6.3 million of his own money for his two mayoral campaigns but accepted a salary of only $1 a year. 

Billionaire developer Eli Broad said he already had contributed $100,000 to the effort and would contribute more. Broad, who supported Hahn’s rival in the last election, said he and the mayor, along with Riordan, wealthy developer Ed Roski and former Secretary of State Warren Christopher met for breakfast and agreed that secession “would be God-awful for the city.” 

“I think we’ve got a great city and we’re gonna go out there and talk about how great our city is, and wage a very positive campaign,” he said. 

The anti-secession campaign will use TV and radio ads along with door-to-door contacts to reach “those people who are watching this from the sidelines,” Carrick said. 

The secession fight may overshadow the gubernatorial race because the issue is closer to home, he noted. 

The battle will be non-partisan and is “devoid of personalities,” Carrick said, predicting that the two sides will focus on information barrages rather than personal attacks. 

“The whole universe of voters (is) up for grabs,” he said. “People aren’t gonna make a choice because they’re Democrats or Republicans. They’re gonna make a choice on the issues.” 

A union representing 9,000 city garbage collectors, sewer workers, mechanics and other employees was planning a summer get-out-the-vote campaign to defeat the measure. 

“This is our top priority this year,” said Julie Butcher, general manager of Service Employees International Union Local 347. “Their jobs are endangered. There’s no guarantee that they’ll work in the new city. We’re talking a few thousands jobs.” 

The proposed schism would create a new city of 1.3 million on July 1, 2003. The remaining Los Angeles would have about 2.5 million residents. 

Secessionists claim too much of the valley’s taxes go to use elsewhere in the city. Hahn and Riordan argue that splitting the city probably would mean higher taxes and reduced services for everyone. 

“We share the goal of keeping Los Angeles united,” Hahn said. “Our strength has been our diversity, and to lose that diversity, to lose any part of this great city is like cutting off an arm or cutting off a leg.” 

“Breaking this city apart will not accomplish anything. It will only hurt our communities. It will detract from the greatest city in the world,” Riordan said.

SACRAMENTO – More than a third of California’s single women live in poverty, according to a report released Wednesday by the San Francisco-based Women’s Foundation. 

The report comes as Gov. Gray Davis is proposing to fill a $23.6 billion budget deficit with heavy cuts to health care and social service programs for the poor. 

“In terms of measuring economic health, with women being the thermometer, our findings indicate that California has a chronic flu,” Patti Chang, the foundation’s president, said at a Capitol news conference Wednesday. 

The foundation studied government statistics, previously published sources and conducted interviews. It’s report found that 37 percent of single women in California live below the federal poverty rate — compared with 25 percent nationwide. 

Women of color and older single women are the most likely to live in poverty, the foundation reported. 

California ranks 48th among states in the nation in the number of residents who own homes. Because of the growing gap between wages and rents, two-thirds of low-income people spend more than 70 percent of their income on housing, the report found. 

Women make up nearly half the state’s labor force but are concentrated in traditional low-income occupations such as services and administrative support, the report said. 

Recently released census figures show that despite the roaring economy of the 1990s, the percentage of California families living in poverty is growing.

Justice Department considering giving cops power to enforce immigration laws; Florida the first state to agree to idea 

SAN FRANCISCO – Daniel Rosas Romero waits among the knots of men who line the sidewalks of a bustling street, hoping each day for painting, moving, gardening or construction jobs. 

The day laborers — many of whom slipped into the United States undocumented — have established an uneasy relationship with local police, who don’t ask whether they are in the country legally. 

Romero fears that delicate balance could tip under a new proposal being considered by the Justice Department, which would allow local and state police to enforce immigration laws. 

The Justice Department has not provided details about the idea floated in a legal opinion written by its attorneys. The department says only that it “continues to explore all options to enforce immigration laws,” said spokesman Dan Nelson. 

As security concerns and immigration policy intersect after the Sept. 11 terrorist attacks, some states are considering similar initiatives. Supporters note INS agents are not usually patrolling the streets. But states’ officers are — and could limit the potential for terrorism by illegal immigrants, they say. 

The proposals are, however, raising questions and spreading fear throughout immigrant communities, where many worry they could be deported. 

“It would cause us as immigrants, no matter where we are, to be frightened,” said Romero, who came to the United States in search of work to pay for his teen-age son and daughter’s schooling in Mexico. 

“We’re not a problem. We can be a solution for this country” by doing work others are not willing to do, he said. Critics also believe the proposals could lead to racial profiling and discourage immigrants from reporting crimes to the police. 

Supporters say the Immigration and Naturalization Service, with 2,000 agents, lacks the staff to track suspected terrorists, much less an estimated 8 million illegal immigrants scattered throughout the country. Enlisting state and local authorities would create “a seamless web of protection against future threats,” said Dan Stein, executive director of the Federation for American Immigration Reform. 

And Jim Pasco, executive director of the national Fraternal Order of Police, notes that “by definition, if you are an illegal alien, you’re not supposed to be here.” 

In Florida, the state is hoping to reach a first-of-its-kind agreement with the Justice Department to give 35 law enforcement officers the authority to arrest illegal immigrants deemed threats to national security, said Jennifer McCord, spokeswoman for the Florida Department of Law Enforcement. 

South Carolina Attorney General Charlie Condon wants to pursue a similar agreement, under which the state’s law enforcement officers would be deputized as INS agents. 

But workers like Mathieu Beaucicot, who is in the United States on temporary visa, feel police will wind up pursuing them. 

“People working in fields picking this country’s oranges and tomatoes aren’t terrorists, and yet they’re the ones who would suffer the consequences for this change in policy,” said Beaucicot, who fled Haiti after a political coup and works in the tomato fields of southwest Florida. 

In Colorado, state legislators were considering a bill that would have authorized officers to enforce criminal violations of federal immigration laws. The bill was postponed indefinitely, but the idea has made many immigrants feel more vulnerable, said Jorge Rubalcaba, a day laborer in Aurora, Colo. 

Two months ago, he called the police when he heard a neighbor hitting his wife. If that happened, under the new proposal, “I think I would not tell them,” he said. 

“Everybody’s worried and has doubts,” said Rubalcaba, who moved to the United States from Mexico six years ago. “You can’t even go out and have fun. You aren’t free to go shopping, you can’t go to a park. The normal things of life you can’t do.” 

Police are split on the issue. Some say officers could assist an overwhelmed INS. Others believe doing so could jeopardize relationships with immigrant communities, and contend it’s not their role to take on immigration duties. 

Some cities, including San Francisco and Chicago, already have policies that generally prevent city officials from asking about people’s immigration status. Officials said they haven’t concluded how the Justice Department’s proposal would affect such policies. 

On the San Francisco sidewalk, Andres Barela and other laborers scan each passing car, hoping its occupants will stop and hire them. 

“Terrorists are not going to be here in the streets,” said Barela, who sends his earnings to his grandmother and uncles in Honduras. “We are just honest persons. We want to work, make money and have families.”

ALEXANDRIA, Va. – John Walker Lindh pleaded “please don’t kill me” as U.S. troops took the captured Taliban soldier to a U.S. military camp in Afghanistan, his defense lawyers said Thursday. 

A Marine accompanying the prisoner told Lindh to shut up, the lawyers said in a written motion. 

The defense team wants to subpoena the Marine, along with other U.S. military and civilian personnel who were in contact with the California-raised Lindh in Afghanistan and aboard Navy ships. 

Their aim is to find testimony and photographs that would demonstrate, at a June 17 hearing, that Lindh did not kill Americans and that he was questioned while imprisoned under inhumane conditions. 

The lawyers contend Lindh was bound in a metal container, sometimes naked in freezing weather, at the time he was questioned late last year. The government says Lindh waived his right to remain silent and have an attorney present. 

A Marine identified as USMC No. 11 “was present at Camp Rhino (in Afghanistan) at a critical time,” the motion said. “He observed Mr. Lindh’s conditions of incarceration and can testify as to his state of mind just prior to interrogation.” 

For example, the motion said, USMC No. 11 “reports that during the transport to the metal container at Camp Rhino, Lindh kept saying, ‘Please don’t kill me.”’ 

Lindh was interrogated at the camp and made statements the government is likely to use at trial. Jury selection is scheduled for Aug. 26. 

A government criminal complaint filed in January quoted Lindh as saying he learned in June 2001, while a Taliban military trainee, that alleged terror mastermind Osama bin Laden had sent people to the United States for suicide operations. 

The complaint also said Lindh and four other trainees met for about five minutes with bin Laden, who thanked them for participating in his holy war.

ALEXANDRIA, Va. – John Walker Lindh pleaded “please don’t kill me” as U.S. troops took the captured Taliban soldier to a U.S. military camp in Afghanistan, his defense lawyers said Thursday. 

A Marine accompanying the prisoner told Lindh to shut up, the lawyers said in a written motion. 

The defense team wants to subpoena the Marine, along with other U.S. military and civilian personnel who were in contact with the California-raised Lindh in Afghanistan and aboard Navy ships. 

Their aim is to find testimony and photographs that would demonstrate, at a June 17 hearing, that Lindh did not kill Americans and that he was questioned while imprisoned under inhumane conditions. 

The lawyers contend Lindh was bound in a metal container, sometimes naked in freezing weather, at the time he was questioned late last year. The government says Lindh waived his right to remain silent and have an attorney present. 

A Marine identified as USMC No. 11 “was present at Camp Rhino (in Afghanistan) at a critical time,” the motion said. “He observed Mr. Lindh’s conditions of incarceration and can testify as to his state of mind just prior to interrogation.” 

For example, the motion said, USMC No. 11 “reports that during the transport to the metal container at Camp Rhino, Lindh kept saying, ‘Please don’t kill me.”’ 

Lindh was interrogated at the camp and made statements the government is likely to use at trial. Jury selection is scheduled for Aug. 26. 

A government criminal complaint filed in January quoted Lindh as saying he learned in June 2001, while a Taliban military trainee, that alleged terror mastermind Osama bin Laden had sent people to the United States for suicide operations. 

The complaint also said Lindh and four other trainees met for about five minutes with bin Laden, who thanked them for participating in his holy war.

SACRAMENTO – Pharmacies could sell hypodermic needles to adults without a doctor’s prescription under a bill approved Thursday by the state Senate. 

Sen. John Vasconcellos, D-San Jose, said his legislation would cut down on the number of cases of HIV and other diseases caused by the sharing of needles among drug addicts. 

“I ask for an aye vote for life,” he said. 

But Sen. Bill Morrow, R-Oceanside, said addicts would continue to share needles because “that’s part of the drug culture.” 

“This bill allows addicts who share needles to have more needles to share and there will only be a proliferation of disease,” he said. 

The bill would allow pharmacies to sell up to 30 hypodermic needles or syringes without a prescription to a person who is over 18. 

Current law allows public agencies to distribute clean needles as part of a needle exchange program. 

A 21-12 vote sent the bill to the Assembly.

WASHINGTON – Police and forensic experts worked Thursday to solve the mystery of how Chandra Levy died, with investigators saying most evidence points to murder. 

The Levy family pressed to have police classify the case a homicide, and Police Chief Charles Ramsey said, “I wouldn’t be surprised if it were.” 

Indications in that direction include the former intern’s youth and fitness as well as the discovery of her remains beneath leaves and underbrush “off the beaten path” of Rock Creek Park, Ramsey said. 

But he said the case will remain simply a “death investigation” until Washington’s medical examiner makes a determination of the cause of death. 

The remains of Levy, 24, of Modesto, Calif., were found by a man walking his dog Wednesday morning. They were located on a steep slope and identified later in the day using dental records. 

Ramsey said Rep. Gary Condit, D-Calif., may be among the people investigators want to talk to again. 

Condit has acknowledged an affair with Levy, a police source says, but denies any involvement in her disappearance. Police interviewed him four times and repeatedly have said he is not a suspect. 

Police probably also will interview for a second time a man convicted of assaulting two joggers, Ramsey said. The attacks occurred in May and July last year in the same area of the park where Levy’s remains were found. 

Ramsey said investigators talked to the man months ago after U.S. Park Police alerted them to the arrest. “He said nothing to implicate himself with her, but then again we didn’t know she was in Rock Creek Park,” Ramsey said. He cautioned against calling the man a suspect. 

Both women were carrying portable radios and wearing headphones when they were attacked, according to a description of the cases provided by the U.S. attorney’s office in Washington. Police said they found a radio and headphones among Levy’s remains. She disappeared May 1, 2001 — two weeks before the first assault. 

Investigators resumed their search of the area Thursday, painstakingly sifting through dirt and leaves looking for blood, hairs, clothing fibers or other evidence that could help determine when and how Levy died. 

The items recovered with the skull and bones Wednesday included a jogging bra, tennis shoes, University of Southern California sweat shirt and other clothing. Levy, who had been a Bureau of Prisons intern in Washington, was a graduate student at USC. 

Ramsey would not say whether any evidence of foul play had been found. Terrance W. Gainer, the deputy police chief, said the skull was “not in pristine condition,” but he could not conclude whether the damage to it came before or after Levy died. 

Dr. Cyril Wecht, the county coroner in Pittsburgh, said an examination of the bones would quickly yield any indications whether Levy was shot, stabbed or beaten to death. “Those exams have been completed,” Wecht said, noting they typically take no more than a few hours. 

Strangulation, which often does not involve fracturing bones or cartilage, would be harder to determine, he said. 

He also said investigators are unlikely to find much physical evidence at the scene that would help them identify a potential killer, because such evidence probably deteriorated during 13 months outdoors. 

DNA analysis can take a couple of weeks to complete, he said.

GREAT FALLS, Mont. – Nathaniel Bar-Jonah, the man accused of butchering a 10-year-old boy here and feeding his remains to unsuspecting neighbors, was sentenced Thursday to 130 years in prison without parole for assaults on two other boys. 

State District Judge Kenneth Neill, citing Bar-Jonah’s extensive record of crimes against children, turned down a request from defense attorneys that Bar-Jonah be sent to the state psychiatric hospital instead of prison. 

Bar-Jonah showed no emotion and was quickly removed from the courtroom. 

Don Vernay, a defense attorney, said the sentence would be appealed. Attorneys already have said they would appeal the jury’s verdicts. 

Bar-Jonah’s sentence included 100 years for sexual assault, 10 years for aggravated kidnapping and 20 years for assault. Neill ordered that they run consecutively. 

The assault and sexual assault charges stem from a 1999 case involving two young boys who lived near Bar-Jonah. Investigators said Bar-Jonah sexually assaulted a 14-year-old boy and strung the boy’s 8-year-old cousin by his neck with a pulley and rope to watch him choke. 

Both boys testified during Bar-Jonah’s jury trial in Butte. Neill had ordered the case moved to Butte because of publicity in Great Falls surrounding separate kidnapping and murder charges he faces in the 1996 disappearance of Zachary Ramsay. 

Bar-Jonah, 45, spent more than a decade in a Massachusetts mental hospital after one attack in that state in which authorities said he tried to kill two boys. Two years before that, he forced an 8-year-old boy into his car and choked him with his belt so badly that the boy was hospitalized.

Provisions to give teachers power over book and curriculum selection dropped 

SACRAMENTO – Teachers won’t get expanded powers during collective bargaining to influence the selection of textbooks after legislators Wednesday dropped those provisions from a hotly debated education bill. 

State lawmakers Wednesday dropped provisions in a hotly debated education bill that would have armed California’s teachers with power over textbook and curriculum selection. 

The Assembly Appropriations Committee voted to send an amended AB2160 to the Assembly. The new bill would create academic partnerships made up of schools’ trustees and teacher representatives, with provisions to ensure that local schools boards heed their advice. Parents would also be included. 

Written by Assemblywoman Jackie Goldberg, D-Los Angeles, AB2160 is one of two bills backed by the California Teachers Association and causing a huge rift between the state’s largest teachers union and Gov. Gray Davis, who has threatened to veto both bills. 

Although the CTA has supported Davis in the past, including giving his 1998 campaign about $2 million, it has been frustrated by the governor’s support of more tests for students and greater accountability for schools and teachers, said president Wayne Johnson. 

Goldberg’s bill on testing, AB2347, would eliminate most of the state’s testing system that is at the heart of Davis’ education reforms. The committee voted to send it to the Assembly. 

The bill would start testing in third, not second, grade, as well as eliminate monetary awards for teachers, staff or schools with improved test scores, Goldberg said, adding that scores are influenced by socio-economic forces beyond a teacher’s control. 

Many of these award programs, however, were already removed from next year’s budget as the state faces a $23.6 billion budget shortfall. The budget includes about $500 million in school reductions, including the governor’s pet performance awards program for schools and teachers whose students improve test scores. 

Johnson said the testing bill wouldn’t eliminate testing but would create a new test that actually measures what students are taught. A new test, however, has not yet been designed. 

Opposition has been growing against the bills, specifically the one dealing with collective bargaining. Last month, opponents created Californians for Public School Accountability, a coalition of business and school administrators groups. 

Opponents say the collective bargaining bill could cost taxpayers an extra $200 million, because the development of programs the bill would require would mean more spending would occur. 

Collective bargaining is a mandated cost reimbursed by the state. In the current fiscal year, the state will reimburse school districts $38.8 million for K-12 collective bargaining, according to Kevin Gordon, a spokesman for the California Association of School Business Officials. 

Assemblyman George Runner, R-Lancaster, wondered that if extra money was being spent on academic partnerships, if cuts would mean “cheaper books” would be bought. 

Goldberg, however, said the partnerships could take place when teachers are already on the time clock. 

Opponents, who said the bill would give teachers more power, weren’t placated by the amendments. The Association of California School Administrators and the California School Boards Association said they will not support the amended bill. 

Because many districts already allow teachers to have a say in choosing textbooks, Goldberg’s bill “will just create another layer of bureaucracy,” said Laura Jeffries, the ACSA’s legislative analyst. 

But teachers, Goldberg said, often leave the profession after a few years because they don’t have a voice. Her bill would give them one, she said

Oceanside Unified School District to pay more than $140,000  

and provide employees with annual sensitivity training 

OCEANSIDE – A high school teacher who claimed she was harassed and denied a promotion because she is a lesbian has settled her lawsuit against the Oceanside Unified School District. 

The district will pay Dawn Murray more than $140,000 and provide its employees with annual sensitivity training on issues of sexual orientation discrimination, the Lambda Legal advocacy group said Thursday. 

Murray also resigned as part of the settlement, the district’s lawyer Daniel Shinoff said. 

Murray, a biology teacher at the school for nearly 20 years and winner of national teaching awards, said she was denied a promotion to director of student activities and suffered ongoing harassment by her colleagues at the 2,000-student school north of San Diego. 

Colleagues accused her of having sexual encounters with another teacher on campus during school hours, she said, and her classroom was vandalized. While she told some colleagues she is gay, Murray complained that an unwelcome “outing” in front of staff opened her up to verbal attacks. 

Murray said she was threatened with disciplinary action when she complained. 

An appellate court ruled in April 2000 that Murray had the right to sue the district for discrimination under a 1999 amendment to the Fair Employment and Housing Act. The state Supreme Court upheld the ruling in August 2000. 

In a statement, Murray said she hoped the case would show other school districts “if they respond to harassment in an inappropriate way, we will stand up, the laws will protect us, and they will be made to stop.” 

“Young people learn from adult behavior, and it was important to wage this fight to show students all people have to be treated fairly,” she said. 

Shinoff said the district’s insurance carrier would pay the settlement deal. He said the district, however, continues to maintain that “anything that occurred was not the result of discrimination based on her sexual orientation.”

SAN FRANCISCO – A California inmate has no right to mail his sperm from prison to impregnate his wife, a divided federal appeals court ruled Thursday. 

The 9th U.S. Circuit Court of Appeals, in reversing its September decision, said inmates have no constitutional right to procreate. Ruling 6-5, the San Francisco-based court put a halt to inmate William Gerber’s plans to ship his sperm to his wife in Southern California. 

“A holding that the state of California must accommodate Gerber’s request to artificially inseminate his wife as a matter of constitutional right would be a radical and unprecedented interpretation of the Constitution,” Judge Barry G. Silverman wrote. 

Gerber’s effort to impregnate his wife got national attention last year when a three-judge panel of the same circuit said Gerber had a right to mail his sperm to his 46-year-old wife, Evelyn. 

Silverman, the lone dissent in that September opinion, said the majority’s opinion allowed Gerber “to procreate from prison via FedEx,” and added that the majority “does not accept the fact that there are certain downsides to being confined in prison.” 

The U.S. Supreme Court has said prisoners have a right to marry and be free from forced sterilization. But neither the high court nor any lower court has resolved circumstances presented in Gerber’s case, which reached the courts when the California Department of Corrections balked at Gerber’s proposal. 

“The close 6-5 decision is obviously very disappointing to the Gerbers, and disturbing to anyone troubled by a government that can dictate who may or may not have children,” said the Gerbers’ attorney, Teresa Zuber. 

Evelyn Gerber declined comment through her attorney. 

Still, a five-judge circuit minority said the prison is not harmed by a prisoner ejaculating in a cup and mailing it to his wife. 

Judge Alex Kozinski said the process neither compromises security nor places a strain on prison resources beyond that required to mail any other package. 

“The prison has no penological interest in what prisoners do with their seed once it’s spilt,” Kozinski wrote. “A specimen cup would seem to be no worse a receptacle, from the prison’s point of view, than any other.” 

He wrote that the majority’s rule could encourage curtailing prisoners’ rights. 

“Does the term imprisonment also implicitly abridge the right to speak? Or the right to own property? The right to marry? To practice a religion?” he asked. 

Gerber would be able to try to father a child the old-fashioned way if he was not serving a life term. 

For three decades, California inmates with good prison records have been granted almost unsupervised overnight visits with loved ones in prison cottages. Prisoner rights groups say conjugal visits foster good prison behavior. 

But in 1995, California banned conjugal visits for prisoners convicted of sex crimes, crimes carrying life sentences or violent crimes against family members or minors. 

Gerber is serving a life term in a state prison in Blythe for illegally discharging a firearm and making terrorist threats, and was sentenced under California’s three strikes law. 

The case is Gerber v. Hickman, 00-16494.

The Berkeley City Council unanimously voted to oppose the Racial Privacy Initiative Tuesday night, an initiative that would prohibit state and local governments from collecting or using information about race, ethnicity, color or national origin. 

The RPI, submitted by UC Regent Ward Connerly for the November ballot, proposes to phase out racial check-off boxes on state and local government forms by 2005, with exemptions for medical research and treatment, law enforcement and the Department of Fair Employment and Housing.  

"The fundamental question we have to ask ourselves is why would we not want to have access to information on these topics," said Councilmember Linda Maio. 

The City Council, along with other opponents of the initiative including the ACLU, the NAACP and the Mexican American Legal Defense and Education Fund claim that the RPI would damage efforts to monitor racial data and enforce anti-discrimination laws. 

“It would be detrimental to many different information gathering efforts used to address racial and ethnic inequalities,” said Councilmember Kriss Worthington. 

Worthington contends that if the initiative makes it to the November ballot, it would hide the discrimination and racism that currently exists by forcing people to debate issues without facts, documents or proof. 

Supporters of the initiative claim that the collection of racial and ethnic data is not reliable and represents a governmental obsession with race. According to Kevin Nguyen, Executive Director of the American Civil Rights Coalition, “the collection of racial data is a political exercise, not a scientific one. The information is not reliable. Information on race is devoid of standards and consistency.” 

Nguyen added that data collection does not solve problems but instead leads to confusion and inconsistencies. Supporters of the initiative claim that individuals from multi-racial backgrounds are forced to check off one box on surveys of race or ethnicity leading to inaccurate data.  

Nguyen also added that UC Berkeley's student newspaper The Daily Californian has decided to support the initiative. 

Councilmember Worthington cited the effect that the initiative could have on health issues. Because health campaigns often focus on community or ethnic specific issues, an elimination of ethnic and racial data would compromise the efforts of those campaigns, he said. 

“The other side says we should be colorblind and simply focus on merit, a wonderful idea if it worked in reality. The reality is racism still exists,” said Worthington. 

City Council plans to send letters of opposition to Gov. Gray Davis, state Assemblywoman Dion Aroner and state Senator Don Perata. The council is confident that Aroner and Perata will oppose the initiative and hopeful that Davis will also decide against the RPI as well. 

The initiative, proposed as a result of the lack of compliance with Proposition 209 according to Nguyen, is currently waiting for approval from the Secretary of State before it can legally be placed on the November ballot. 

According to the ACRC, nearly one million signatures have been collected from California voters in favor of placing the initiative on the ballot. 

Many opponents of the initiative claim the RPI could damage protections the data collection allows for members of ethnic minorities. Opponents of the initiative expressed a desire to evaluate individuals on a basis of merit and without regard to color as the RIP supports, but claimed that such evaluation is not possible in our modern, multi-ethnic, multi-racial society. 

“Connerly seems to want to say that everything is fine, that we don't need to do any more work on the topic of race but that's a self-delusion, a myth,” said Maio. 

Jim Hausken, a board member from the Berkeley-Albany-Richmond-Kensington chapter of the ACLU, believes that the initiative will hamstring many well-intentioned efforts to reduce discrimination. 

According to Hausken, the initiative claims that certain realities, such as figures on race and ethnicity, would be deemed unimportant. According to Hausken, such determinations are dangerous and parallel battles over censorship. 

Maio hopes that the topic will continue to produce a large amount of public discourse and hopes the city will plan future public forums on the issue. 

Today is Thursday, May 23, the 143rd day of 2002. There are 222 days left in the year. 

Highlight: 

On May 23, 1960, Israel announced it had captured former Nazi official Adolf Eichmann in Argentina. (Eichmann was tried in Israel, found guilty of crimes against humanity, and hanged in 1962.) 

On this date: 

In 1430, Joan of Arc was captured by the Burgundians, who sold her to the English. 

In 1533, the marriage of England’s King Henry VIII to Catherine of Aragon was declared null and void. 

In 1701, Capt. William Kidd was hanged in London after he was convicted of piracy and murder. 

In 1788, South Carolina became the eighth state to ratify the U.S. Constitution. 

In 1915, Italy declared war on Austria-Hungary in World War I. 

In 1934, bank robbers Bonnie Parker and Clyde Barrow were shot to death in a police ambush in Bienville Parish, La. 

In 1937, industrialist John D. Rockefeller died in Ormond Beach, Fla. 

In 1940, Tommy Dorsey and His Orchestra, the Pied Pipers and featured soloist Frank Sinatra recorded “I’ll Never Smile Again” in New York for RCA. 

In 1945, Nazi official Heinrich Himmler committed suicide while imprisoned in Luneburg, Germany. 

In 1977, the U.S. Supreme Court refused to hear the appeals of former Nixon White House aides H.R. Haldeman and John Ehrlichman and former Attorney General John N. Mitchell in connection with their Watergate convictions. 

Ten years ago:  

The United States and four former Soviet republics signed an agreement in Lisbon, Portugal, to implement the START missile-reduction treaty that had been agreed to by the Soviet Union prior to its dissolution. 

Five years ago: The defense at the Oklahoma City bombing trial suffered an embarrassing setback when one of its own witnesses provided testimony potentially damaging to defendant Timothy McVeigh. The Senate decisively approved a carefully constructed deal to balance the budget and cut taxes. Iranians elected a moderate president, Mohammad Khatami, over hard-liners in the ruling Muslim clergy. 

One year ago:  

The Senate passed an 11-year, $1.35 trillion tax cut bill. 

Today’s Birthdays:  

Bandleader Artie Shaw is 92. Actress Betty Garrett is 83. Pianist Alicia de Larrocha is 79. Bluegrass singer Mac Wiseman is 77. Singer Rosemary Clooney is 74. Actor Nigel Davenport is 74. Actress Barbara Barrie is 71. Actress Joan Collins is 69. Actor Charles Kimbrough is 66. Rhythm-and-blues singer General Johnson (Chairmen of the Board) is 59. Actress Lauren Chapin is 57. Country singer Misty Morgan is 57. Country singer Judy Rodman is 51. Boxer Marvelous Marvin Hagler is 50. Singer Luka Bloom is 47. Actor-comedian Drew Carey is 44. Country singer Shelley West is 44. Actor Linden Ashby is 42. Actress-model Karen Duffy is 41. Rock musician Phil Selway (Radiohead) is 35. Singer Lorenzo is 30. Singer Maxwell is 29. Singer Jewel is 28. Actor Adam Wylie is 18. 

- The Associated Press

To the Editor: 

No, a thousand times no, to the idea that the UC Theatre should be demolished and replaced with a small theater space and housing. 

How absurd is it that the City can invest literally millions of dollars in helping to build a new large theater space for one performing arts group (the Berkeley Repertory Theatre), then a few years later and literally next door, allow one of Berkeley’s pre-eminent and most historic large theaters to be demolished? 

What does Berkeley need to do to avoid this type of tragedy? First, inventory all the current and potential performing arts facilities in the city, both public and private. There are magnificent spaces that have literally been sitting vacant for years, particularly as many of Berkeley’s older clubs and churches have shrunk in membership and activities. Those spaces should live again in new institutional and performing arts use. 

Second, inventory all the facilities needs, current and projected, of performing arts groups in Berkeley. 

Third, compare the two lists to identify opportunities where unused spaces like the UC can be put back into use by performing arts groups that are crying out for suitable venues. Coordinate all relevant city offices and policy-making — Zoning, Planning, Economic Development, etc. — to help make this happen. 

Fourth, stop funding facilities construction for specific groups and, instead, fund the acquisition or construction of facilities. This would mean an end to direct loans or grants of public funds for construction of facilities like the Black Repertory Theatre and the Berkeley Rep’s Roda Theater, that become the property of a particular arts organization and are solely used and controlled by a single group. 

Instead, the city would invest in performance spaces that could be shifted back and forth between user groups, depending on the need and demand in the arts community. This would ensure that spaces the city has helped create, like the Black Repertory Theatre building, don’t sit around underused. 

Fifth, examine how the city and the local arts community can work together to create a non-profit organization charged with the sole purpose of acquiring, developing, maintaining, and managing local arts facilities. 

Such an organization could be employed to purchase or lease underused buildings such as the UC Theater and match them up with, and re-lease them out to, arts groups like the Berkeley Symphony that have a clear need for space, but do not necessarily have the financial wherewithal, schedule, or organizational expertise to buy or manage a theater on their own. 

Berkeley has a vibrant performing arts community, a small but dedicated civic arts program and staff, enthusiastic audiences, and many facilities that can work well for the arts. 

It would be a terrible waste to let irreplaceable opportunities and historic spaces like the UC Theatre disappear because of a lack of will, cooperation, and coordination of resources. 

- Steven Finacom 

Berkeley

Thursday, May 23

The Crowden School 19th Annual Spring Concert in Berkeley 

7:30 p.m. 

First Congregational Church of Berkeley 

Corner of Dana and Durant 

559-6910x110, www.thecrowdenschool.org 

John Reischman & the Jaybirds 

Mandolin virtuoso & red-hot bluegrass ensemble 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at the door 

Friday, May 24

Jazz Night 

8 to ll p.m. 

The Bob Schoen Quintet; featuring vocalist Cheryl McBride and surprise guest. 

ACCI Gallery 

1652 Shattuck Avenue 

843-2527, www.accigallery.com 

Friday, May 31

Jesse Sykes and the Sweet Hereafter (with former Whiskytown member Paul Wandscher)  

headlines The Starry Plough 

9:30 p.m. - Bingo 

10:45 p.m. - Winfred Eye 

12:00 a.m. - Jesse Sykes 

3101 Shattuck Avenue 

841-2082 

$7 door 

Sunday, June 2

Trinity Chamber Concerts Series 

5:30 p.m. 

Zoe Vandermeer, Harpist (baroque triple harp) and Soprano will perform vocal and instrumental selections by Dowland, Byrd, Caccini, Frescobaldi, Rogniono, and others on both triple harp and italian spinet. 

Trinity Chapel 

2320 Dana Street 

Suggested donation, $12 general, $5 for students, seniors or handicapped 

Monday, June 3

Trinity Chamber Concerts Series 

3 p.m. 

Ensemble Ortega, featuring singer Elza van den Heever, instrumental and vocal works by Corelli, Stradella, Muffat, Rosenmiller, Frescobaldi, Gabrieli and Marini. 

Trinity Chapel 

2320 Dana Street 

Suggested donation, $12 general, $5 for students, seniors or handicapped 

Tuesday, June 4

Trinity Chamber Concerts Series 

3 p.m. 

The Amorous Nightingale, Soprano Twyla Whittaker - Baroque "birdsong" music by Bach, Rameau and Handel. Also performing are: Stephen Schultz (flute), David Wilson (violin), Jonathan Salzedo (harpsichord), and Paul Hale (cello). 

Trinity Chapel 

2320 Dana Street 

Suggested donation, $12 general, $5 for students, seniors or handicapped 

WomenSing presents "Your Song: Director’s Cut" 

A spring concert retrospective by director David Morales 

3 p.m and 7 p.m. 

Valley Center for the Performing Arts, Holy Names College, Oakland 

(925) 943-SHOW 

$20 general/$18 students & seniors 

Wednesday, June 5

Trinity Chamber Concerts Series 

5:30 p.m. 

Franklin Lei, lute with Zoe Vandermeer, Soprano and triple harp perform music of John Dowland  

Trinity Chapel 

2320 Dana Street 

Suggested donation, $12 general, $5 for students, seniors or handicapped 

Thursday, June 6

Trinity Chamber Concerts Series 

2 p.m. 

John Khori, forte-piano 

music of Beethoven, Muzio Clementi, J.L. Dussek and John Field, on his 1808 Broadwood Grand Forte - piano. 

Trinity Chapel 

2320 Dana Street 

Suggested donation, $12 general, $5 for students, seniors or handicapped 

Saturday, June 8

Trinity Chamber Concerts Series 

5:30 p.m. 

Richard Burdick, natural horn, Dora Burdick, piano with Carol Kessler, soprano playing Schubert and other music from the 1820’s 

Trinity Chapel 

2320 Dana Street 

Suggested donation, $12 general, $5 for students, seniors or handicapped 

Sunday, June 9

Trinity Chamber Concerts Series 

5:30 p.m. 

THE KING’S TRUMPETTS AND SHALMES, Robert Cronin, James Kafka, Chris Lanz, Alan Paul, and David Hogan Smith perform English and German music of the 16th century, performed on shawms, sackbuts, recorders, and crumhorns 

Trinity Chapel 

2320 Dana Street 

Suggested donation, $12 general, $5 for students, seniors or handicapped 

Thursday, June 13

Tihn, performing songs from his new CD, "Acoustic Rain" 

La Pena Cultural Center 

3105 Shattuck Avenue 

849-2568, info@lapena.org 

Richmond Art Center 

New Exhibitions 

Tuesday - Friday 10:00 a.m. to 4:30 p.m., Saturday Noon to 4:30 p.m. 

June 1 through August 17 

2540 Barrett Avenue, Richmond 

620-6772, www.therichmondartcenter.org 

"The Suzuki Studio," showing with Pro-Arts East Bay Open Studio 

June 1, 2 and June 8, 9 from 11 a.m. to 6 p.m. 

2240 Grant Street (corner of Bancroft Way and Grant) 

849-1427 

"Fine Art 2002 - Oakland" 

Show celebrates Oakland’s 150th Anniversary 

August 17-18 

Jack London Square 

Fine Artists are invited to apply to the juried show by e-mailing pr@kstudios.net or call 707-426-2294 

"24th Annual Quilt Show" 

May 6 through June 8, Mon-Thu, 10 a.m. to 9 p.m., Fri-Sat, 10 a.m. to 6 p.m. 

The show displays an eclectic mix of traditional and contemporary quilts  

North Berkeley Branch Library 

981-6250 

Free 

"For One Lousy Minute She Felt Like A Queen: A Visual Journal" 

May 19 through June 27 

Addison Street Window Gallery 

2018 Addison Street (between Shattuck and Milvia) 

Sponsored by the Berkeley Civic Arts Commission 

"New Work: Collage and mixed media on paper and on canvas," by artist Mitzi Trachtenberg 

Tuesday through Friday, 10:00 a.m. to 5:30 p.m.; Saturday 10:00 a.m. to 4:00 p.m. Runs Saturday, May 18 through June 15. 

Barbara Anderson Gallery 

2243 Fifth Street 

848-3822 

"Images of Love & Courtship," Ledger Paintings by Michael Horse runs through September 15. Meet Native American artist, Horse, at the Gathering Tribes Gallery. 

July 13 and 14 

1573 Solano Avenue 

528-9038, www.gatheringtribes.com 

Variety Preview Room Art Opening 

Wine & cheese reception showcasing WPA (Works Progress Administration) muralist James Daugherty. Hosted by Variety, a children’s charity started in the depression when a baby was left in a Vaudeville Theatre with a note pinned to her, pleading for help. In this time of economic uncertainty and patriotism please join for viewing this special collection of WPA murals. 

Wednesday, May 22, 5 to 7 p.m. 

Variety Preview Room 

582 Market St. at Montgomery, San Francisco  

415-781-3894

Thursday, May 23

Secrets of Search Engine Marketing 

A workshop held by The Sustainable Business Alliance 

8:30 to 11:30 a.m. 

Holiday Inn Express 

1175 University Avenue 

451-4001 

Senior Men's Afternoon 

Gay senior men discussion group, 2nd & 4th Thursdays. 

Pacific Center 

2712 Telegraph Ave. 

510-548-8283  

Free 

Fishbowl: "Everything you always wanted to know about the opposite sex but were afraid to ask" An opportunity to ask anonymous questions in a confidential and supportive environment. 

7:30 to 9:30 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut St., Berkeley 

510-848-0237 X 127 

$8-$10 

Attic Conversions 

Seminar by architect Andus Brandt 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Friday, May 24

Fiddle Down the FBI! 

Rally to Commemorate the 12th Anniversary of the car bombing of Judi Bari and Darryl Cherney and Celebrate the end of their federal civil rights trial against the FBI and Oakland Police Department. 

Noon 

Oakland Federal Building 

13th and Clay St., near 12th St BART stop 

Bring musical instruments 

663-6330, www.judibari.org 

Cherokee Artist: John Balloue 

paintings depict scenes from historic & contemporary Cherokee history, as well as pow-wow and spiritual images. 

Gathering Tribes 

1573 Solano Ave. 

528-9038 or www.gatheringtribes.com 

Saturday, May 25 

Word Beat Reading Series 

All kinds of entertainers come together. Featuring Kera Abraham and Ruth Levitan 

7-9 p.m. 

458 Perkins at Grand, Oakland 

Free 

Alice Waters "Chez Panisse Fruit" book signing 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Children's Movies 

Pinnochio (in English) 

Shows at noon & 2 p.m. 

The Actor's Studio 

3521 Maybelle Ave. 

Oakland 

510-530-0551 

$3 

6th Annual Sidewalk Chalk Art Festival 

Everyone's welcome to participate in covering Solono's sidewalks with chalk art. Featuring refreshments and entertainment. Artist's chalk and a Polaroid of the finished work are available for a fee. To encourage early registration, a raffle for merchandise by local business will be held for the artists at noon.  

Registration at Peralta Park, 9 a.m. - 5 p.m., 1561 Solano Ave. Berkeley. 

For more information: 510-527-5358, www.solanoave.org. 

Free 

Cain & Abel- 1st Annual Stop the Violence Gospel Festival 

In Memory of Children Killed by Senseless Violence 

St. Andrews Baptist Church Gospel Choir, Family in Unity Gospel Choir, Our lady of Lourdes’ Men Gospel Choir, Lorrain Taylor, Michael Nelson, Praise Dancers, Testimonials, Display of Homicide Quilt, presentation by Students of Malcolm X Academy, Sermon by Rev. Ishmael Burch Jr., LeDoursey’s “Gone But Not Forgotten” Sky, Ronald DeVoyce Blackburn’s From-the-Cradle-to-the- Grave memorial candles, The Homicide Names Banner and Holman “Bob” Turner’s photographs of parents at the graveside or location where their child was killed. 

Noon- 6 p.m. 

St. Andrews Baptist Church 

2565 Post Street (at Lyon) 

San Francisco 

415- 292-5157 or 415-346-6500 

Free- contributions and donations appreciated 

Saturday & Sunday, May 25 & 26

19th Annual Himalayan Fair 

Outdoor celebration of the great Mountain Cultures! Authentic Himalayan Art, craft, Music & Dance, exotic food & stage entertainment. Benefits Himalayan Grassroots projects. 

Sat. 10-7, Sun. 10-5:30 

Live Oak Park 

Shattuck & Berryman 

$5-$7 Donation 

Saturday through Monday, May 25-27

Chocolate & Chalk Art Festival 

Chalking takes place on Saturday only. Viewing the artwork all week end. 

Chocolate Festival begins by picking up a chocolate menu from business on Solano Ave. flying a festival banner. Chocolates are available for purchase from merchants as you stroll. Professor Gizmo, a one-man -band on Saturday from 2-4 at Peralta park and Berkeley Police operation Kid-print will be set up for finger printing your kids to keep in a file at home. Dog Fashion Show on Sunday at Solano & Key Route at 2 p.m., all animals must pre-register at 236-0588. Pet adoptions in Peralta Park 11:30-2:30 p.m., Sunday. Solano Avenue Gift Certificate Raffle anytime from May 22-29. Winner drawn May 29. 

The entire length of Solano Avenue, Berkeley & Albany 

Sunday, May 26

Prayer to Shakyamuni Buddha 

A traditional prayer and meditation  

6 p.m. 

Tibetan Nyingma Institute 

1815 Highland Place 

843-6812 

Free 

Children's Movies 

Pinnochio (in Spanish) 

Shows at 1 & 3 p.m. 

The Actor's Studio 

3521 Maybelle Ave. 

Oakland 

510-530-0551 

$3 

Wednesday, May 29

Paul Geremia 

Country Blues 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at the door 

Thursday, May 30

Human Rights At Home and Abroad: A Strategy For Peace 

An educational forum to probe the relationship of the U.S. and the U.N. 

7 to 9 p.m. 

Fellowship Hall of Humanity 

390 27th Street (between Broadway & Telegraph) 

Oakland 

Free 

Bob Dylan Song Night 

An evening of Dylan Songs revisited 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$12.50 advance, $13.50 at the door

The Berkeley Yellowjackets scored in each of the first five innings, including a five-run fourth, and cruised to a 12-6 win over Antioch High in the first round of the North Coast Section 3A East Bay playoffs on Wednesday at Cal’s Evans Diamond. 

With the win, sixth-seeded Berkeley moves on to play No. 14 De La Salle in the second round on Saturday at Evans Diamond at 5 p.m. 

Six Berkeley (19-6) starters had at least two hits on Wednesday, with DeAndre Miller and Matt Toma pounding out three apiece, and the ’Jackets racked up six doubles among their 15 hits, their second-best output of the season. The only spots in the Berkeley lineup not to get a hit were the three and five slots, where Bennie Goldenberg, Jeremy LeBeau and Kory Hong combined to go 0-for-10. 

“The one thing we know about our team is that we can hit from top to bottom in the lineup,” Berkeley head coach Tim Moellering said. “You don’t need to look any farther than Jonathon Smith to see that.” 

Smith, an occasional starter who missed time due to academic issues this season, got the start in leftfield and rewarded Moellering with two hits and a walk, including a ringing double to left that chased Antioch (14-11) starter Mike Evers and started Berkeley’s fourth-inning rally that put the game out of reach. Frank Roe came on in relief for the Panthers and got two outs, but doubles by Miller and Toma plated two runs. Singles by Jason Moore and Clinton Calhoun, combined with two walks and an Antioch error, extended the rally until Roe was pulled and Andy Nasty got Lee Franklin to fly out to right with the bases loaded. 

While the ’Jackets were pounding the ball at the plate, starting pitcher Sean Souders was doing just enough to hold the Panthers down. Souders continued to have the control problems that plagued him in his last two regular-season appearances, but the junior lefthander battled through and walked only one batter in his five innings of work. 

“My release point has been inconsistent, but I was able to make the adjustment and get through it,” Souders said. “It’s easier when you’ve got a big lead, because you can just concentrate on throwing strikes.” 

Souders did give up six hits, but two double plays turned by his infielders helped him get out of jams. In fact, none of Souders’ three runs were earned, as his own error led to two Antioch runs in the third and a Moore throwaway from shortstop gave the Panthers another in the fifth. 

By that point, however, the ’Jackets were up 12-3, and Moellering had the luxury of removing Souders without using No. 2 man Cole Stipovich, who will start on Saturday. With a big lead, Moellering let Andre Sternberg give up three runs in the sixth before sophomore Matt Sylvester came on to finish things in the seventh. 

“We had three double plays that really helped our pitchers out,” Moellering said. “We played great defense today and just took care of business.” 

Meanwhile, Franklin, Miller and Toma were keying the Berkeley offense.Franklin and Miller got things started in the first inning with back-to-back singles, with an Antioch error moving them to second and third. Franklin scored on a wild pitch before Goldenberg brought in Miller with a sacrifice fly. Then in the following inning Franklin drove in Calhoun and Smith with a double down the leftfield line and Miller just missed hitting the ball out of the deepest part of the park, with Antioch centerfielder Aaron Gauthier making the catch with his back against the fence. 

MIller would hit two doubles before being pulled after the fifth inning, giving him three runs scored on the day. He said the offensive outburst wasn’t a surprise to him or his teammates. 

“We’re an offensive team, always have been since we were all on JV together,” Miller said. “Now we’ve got the pitching and the defense and we’re putting it all together.” 

The ’Jackets won’t get a chance at avenging their loss to Deer Valley in the NCS first round last season, as De La Salle upset the third-seeded Wolverines, 8-7, on Wednesday. But according to Toma, the ’Jacket don’t really care who they face at this point. 

“We just have to play good solid ball and we can beat anybody,” the senior slugger said. “I’m just having fun at this point. The pressure’s off for the first time this season.” 

With seven senior starters in the field and Stipovich on the hill, the Berkeley High senior prom on Saturday night might cause some worry about the team’s focus on the second-round game. But Moellering considers his seniors to be level-headed. 

“With some of the teams in the past that might be an issue,” he said. “But this class is focused all on baseball.”

Officials from the Berkeley Federation of Teachers and the Berkeley Unified School District say they hope to settle union claims of improper layoffs out of court, but a disagreement over seven “probationary status” teachers may get in the way. 

In related news the district, which suggested in April that it might offer teachers retirement incentives, has decided against the move. The incentives, union officials have argued, would “induce” older instructors to leave the system early – reducing the number of layoffs necessary. 

“We did an analysis and we found that, at this time, it doesn’t help the district to offer retirement incentives,” said Associate Superintendent for Administrative Services David Gomez. “We just didn’t see the cost benefits.” 

Layoff notices, issued in March, would be effective at the end of the school year. According to district figures, Berkeley Unified issued pink slips to 82 probationary teachers and 91 temporary teachers. The district has withdrawn most of the probationary notices at this point. 

BFT is currently challenging 45 layoffs, involving 38 temporary teachers and the seven probationary instructors in dispute. 

The seven instructors are among more than 30 probationary teachers who participated in layoff hearings in April, challenging district pink slips. Administrative law judge Jonathan Lew, who presided over the hearings, ruled May 7 that the district made errors determining teacher seniority in many cases. 

The district has now rescinded all but 14 of the layoff notices. The union claims that Berkeley Unified should rescind an additional seven. 

BFT President Barry Fike said the seven teachers in question have greater seniority than teachers who never received layoff notices or had their notices rescinded. In order to ensure the seniority rights of the seven teachers, he said, the district should withdraw their layoffs as well.  

But David Gomez, associate superintendent for administrative services, points to the Lew ruling and existing case law which dictate that a failure to properly handle a teacher with lesser seniority should not lead to a “domino effect.” 

For every teacher with lesser seniority who improperly retains a job, the case law suggests, a district only needs to rescind one notice for a teacher with greater seniority, not all pink slips for teachers with more service time.  

Because the district has already rescinded an adequate number of notices to correspond with its errors, the reasoning goes, it need not withdraw the seven pink slips in dispute. 

Gomez said the district is fairly confident of its legal standing on the matter, but will review the union’s concerns carefully. 

“We want to be fair to our employees,” he said. 

Fike said the union will wait and see to determine whether it will take the district to court over the seven probationary teachers. But if BFT does go to trial, he said, the union will challenge the “domino effect” rationale. 

The union is also arguing that 38 teachers deemed temporary by the district are actually probationary, throwing their layoffs into doubt. Gomez said he is in the process of reviewing the records of those teachers. 

Gomez added that, as the district’s budget picture clears up, there is a “very good possibility” that economic realities will allow the district to rescind more layoff notices in the near future, rendering moot some of the legal wrangling.

GREENVILLE, Mich. — The case of the missing raisin is closed. 

A 250-pound California Raisin lawn ornament was taken from a front yard Sunday, prompting its owners to file a police report and offer a $200, no-questions-asked reward. 

Tuesday night, two teen-agers returned the cement statue to Connie and Wally Harris, saying they had found it in the parking lot of Stanton High School. 

As promised, Harris said he asked no questions. 

Connie Harris said her husband bought the ornament about 13 years ago. They’ve kept it well-painted with a purple body, white hands and feet, black arms and legs, orange sunglasses, red lips, black eyelashes and a green base. 

“I’m just heartbroken over it,” Connie Harris had said. “It was very unique, and I’m a person who likes to be different.” 

She said she was surprised someone could have gotten away with the hefty statue. It was chained and padlocked to a base secured in the ground close to the house. 

“When we brought it home, it took three men to load,” she said. “The back end of our car almost dragged the pavement.” 

- The Associated Press

To the Editor: 

I have been interested to read, both in the Daily Planet and in other local papers, editorials and articles on the upcoming mayoral election between eight-year incumbent Shirley Dean and Tom Bates, husband of our previous mayor, Loni Hancock. I wish to offer my perspective. 

I’ve spent my whole life in Berkeley, excepting four years at UC Santa Cruz. I never became very aware of domestic Berkeley politics until recently – after all, last time I lived in this town, I couldn’t vote. It is very clear to me, however, that Shirley Dean must be doing something right. 

As I was growing up in the early 90s, Berkeley wasn’t doing very well. Downtown seemed increasingly dirty and run-down, there weren’t many new businesses opening, and some local cultural mainstays like the Berkeley Shakespeare Festival were moving elsewhere. When I came back from Santa Cruz, I was shocked – there were a few new buildings, new businesses, and the old ones were actually getting some attention. 

The renovated library is fantastic, I went to the Berkeley Rose Garden yesterday (which was wilting a few years ago) to see it in full bloom and beautiful, and I hear and read about projects in the works, like a real train station at the bottom of University Avenue and new tenants for the UC Theater, which make me very, very happy. 

Mayor Dean probably did not do all of these things herself, but the “Arts and Commerce” emphasis certainly doesn’t seem to be hurting Berkeley. 

- Gabriella Raymond 

Berkeley

City leaders have fast-tracked safety plans for the neighborhood where a 72-year-old nun was struck and killed by a car on Addison Street earlier this month. But central Berkeley residents are concerned that bureaucratic roadblocks may delay the safety process. 

“We haven’t been told when this is going to happen,” said Wendy Alfsen, secretary of the neighborhood group MAAGNA (McKinley, Addison, Allston, Grant Neighborhood Association). “We’re happy that council acted, but we’ve had frustrations about the city getting things done in the past.” 

Responding to the death of Christine Bennett, who was fatally hit after a 7:00 a.m. mass service at St. Joseph the Worker Church on May 7, City Council, this week, called for the swift implementation of traffic-calming measures. 

The types of measures – whether they are temporary concrete barriers or long-term traffic circles, or something else aimed to reduce traffic on residential streets – remains undecided. City traffic engineers say these details will determine how long it will take to implement a safety plan in the central Berkeley neighborhood. 

“To install something simple, it could be by the end of summer or early fall,” said Peter Hillier, assistant city manager for transportation. “For a comprehensive plan for that neighborhood, with the costs involved, it could take two to three years.” 

To the seeming dismay of MAAGNA residents, momentum appears to be behind a long-range plan. 

Hillier speculated that some residents may oppose a quick solution, like a concrete barrier, because it would merely push traffic from one street to another. A long term-plan would consider the entire neighborhood, he said. 

“The city is obligated to let everyone know what the proposals are [and get input],” he said. 

Transportation Commission Chair Richard Thomason, who addressed City Council Tuesday night, concurred. 

“I don’t want different devices to go up without any neighborhood process and analysis by staff,” Thomason said. 

He explained that temporary barriers or diverters, aimed to reduce traffic on Addison Street and Allston Way, would push commuters to Bancroft Way. 

“And they’ll be going by schools there,” he added. 

But MAAGNA members say time is critical, on Addison and Allston streets. 

If the city would have acted more quickly on long-promised plans there in the first place, the recent pedestrian death would have been avoided, Alfsen said. 

MAAGNA has threatened to stage “baby carriage brigades,” where people push strollers across streets to block traffic, if the city doesn’t begin implementing traffic-calming measures by the end of the year. 

“If the process doesn’t move forward quickly, we [MAAGNA] will take some action,” Alfsen said. 

City traffic engineers say their first step in addressing central Berkeley will be sending out mailings to about 1000 residents, letting them know of the city’s intentions. The mailing will outline three different plans, ranging in scope, which neighbors will be allowed to comment on. 

The amount of opposition will determine how quickly the city can move forward with traffic-calming measures, Hillier said. 

To the Editor: 

I have lived in Berkeley for 17 years. I was initially drawn to this city by the cultural richness and diversity to be found here, and have stayed to be a part of it. 

I am mystified and outraged, therefore, by the City Council's recommendation that an ordinance should be considered which would censor our public access station, Berkeley Community Media, Channel 25. 

In the first place, there is no need to censor the self-described "adult programming" on B-TV. 

The FCC has already established a "safe harbor" for this programming, which is 10 p.m. to 6 am. If this ordinance goes into effect, the programs would air after midnight, cutting off many viewers' access. There is no indication that this programming has been designated "obscene" or "patently offensive." 

Secondly, I am sure that Berkeley parents are smart enough to decide what their kids should watch, and need no one to decide this for them. This ordinance would slam the door in parents' faces, not allowing them to choose, or view the programs at all, in many cases. 

Programs such as Frank Moore's "Unlimited Possibilities" and "The Dr. Susan Block Show" are ground-breaking, stimulating shows that encourage community activism and education, and they are also fun! The proposed ordinance would limit the number of people who can watch these programs and others like them. It is not "rescheduling", as some have phrased it. It is censorship, plain and simple. 

- Teresa Cochran 

Berkeley

Approximately 100 Claremont food and beverage workers, spa workers and sympathizers braved the rain on Sunday to continue their fight against KSL Resorts Corporation, the spa’s parent company. 

The spa workers have been locked in a battle to force KSL to recognize their affiliation with Hotel Employees local 2850, while the food and beverage workers, established members of the union, have been without a contract since the beginning of the year. The crux of the difference betweent the union and KSL is that the union would like a card-check method (allowing workers to signify their desire to be part of the union simply by taking union cards), whereas KSL is demanding that the union be voted in by a voting procedure. Though KSL officials say the vote would be confidential, the union has countered that this procedure would allow for corporate intimidation, and would consequently influence the vote. 

Calling for a boycott of the hotel, the demonstrators marched around the adjacent sidewalks, while some spa workers offered free massages to locals passing by. 

The persistent rain diminished the demand for the massages, and thinned the ranks of demonstrators, but those in attendance remained steadfastly determined to fight on. 

“We hope they will come around and start recognizing us as a union, but we will keep doing whatever is necessary to make it happen.” said Marcia Pedrick a masseur with the hotel. 

For Pedrick, and many of the spa workers, access to health care benefits is the pivotal issue. The hotel only offers health care to spa employees who work 32-hours weeks. Unionized workers at the hotel receive benefits for working 20-hour weeks. According to Pedrick, 32 hours is an unreasonable threshold for massage therapists.  

“No one can do that much massage,” said Pedrick, who maintained that masseurs develop tendonitis and repetitive motion stress from working too many hours. 

Of the approximately 50 hotel masseurs, only three have health insurance, according Leslie Fitzgerald, an insured hotel masseur. The only option for the uninsured is to go through a hotel doctor, but according to Fitzgerald that is not a valid choice. “They don't take you at your word,” said Fitzgerald. 

The demonstration was geared toward mobilizing public support for the boycott campaign, started in April. Some picketing Claremont workers said they were aware of cancellations, but because most hotel guests book well in advance — and would lose their money if they canceled — the demonstrators claimed it was too early to say whether the boycott has been effective. 

Inside the luxury resort, guests interviewed said they were not aware of the labor strife. When informed of the boycott, most visitors didn't seem concerned. But Bob Rhoad, a frequent hotel patron, said it might affect his future choice of hotels. “I’m a strong supporter of labor, so I would have to take that into account next time,” said Road. 

Spa workers and union officials insist there is no plan for a strike. Many of the picketing workers are back at their jobs, in the peculiar situation of serving the clients who they are hoping will boycott the hotel. 

“Were not angry at the guests because a lot of people don't know about it [the boycott],” said Fitzgerald, who added that she feels better at work since the spa workers decided to organize. 

KSL owns numerous resort hotels, so acknowledging the unionization of the spa workers could have wide ranging implications for their business. 

There is little precedent for unionized spa workers, and both the union and the hotel chain know that if the Claremont workers succeed, many other hotel spa workers might decide to follow suit. 

“This is a key one we have to break,” said Curtis Perrott, a sympathizer and member of local 2580. “If they break, everyone else will get into line.” 

Claremont management did not return telephone calls, but did release a letter expressing disappointment in the union’s decision to demonstrate, and maintaining that management is bargaining in good faith. 

In the latest round of negotiations, the hotel offered food and beverage workers new concessions subsidizing 5 percent of rising HMO health insurance costs, according to union spokesperson Stephanie Ruby. But Ruby commented that management’s proposal would not match the projected increases in HMO costs, and was not acceptable. 

Union officials announced that a silent rally would be held outside hotel grounds on May 31. 

STATELINE, Nev. — An 18-year-old Stockton, Calif. woman has pleaded guilty to misdemeanor charges she concealed the birth of her son, who was found dead at a Stateline casino. 

Christina Ramirez gave birth in a restroom at Harrah’s Lake Tahoe early May 7, according to investigators, who said she dumped the baby in a sanitary napkin bin. 

Ramirez entered her plea before the start of a preliminary hearing Tuesday. She faces a maximum of one year in jail and $2,000 in fines for concealing the birth, a gross misdemeanor in Nevada. 

She is scheduled to appear May 30 for sentencing at Douglas County District Court and remains in jail on $25,000 bail. 

Preliminary autopsy results did not show the child was harmed. If further toxicology tests show the baby was alive before being abandoned, prosecutors could file additional charges, Deputy District Attorney Kristine Brown said. Defense attorney Derrick Lopez provided three letters to Judge Glasson written by a family member, teacher and a church member defending Ramirez’s character. Brown has said family members did not know Ramirez was pregnant. 

OAKLAND — Boarded up storefronts, corner liquor stores and rundown houses dominate west Oakland, where a gung-ho band of police officers known as “the Riders” were taken off the streets two years ago. 

Residents of the area say crime is as bad as ever since the police corruption scandal broke, derailing scores of prosecutions and leading to more than a dozen civil rights suits against the city. 

“There’s so much poverty, so many drugs. There’s an enormous problem to solve,” said Councilwoman Nancy Nadel, who has lived in the neighborhood for 21 years. “We’ve seen the same guys dealing drugs on the same corners for years.” 

Drug crimes dominated the shifts of Clarence “Chuck” Mabanag, Jude Siapno and Matthew Hornung, who allegedly beat suspects, filed false police reports and obstructed justice. All were fired; their trial begins on Tuesday. A fourth officer and the alleged ringleader, Frank Vazquez, is believed to have fled to Mexico. 

The four were turned in by Keith Batt, a rookie officer who told superiors he was shocked by their “stop and grab” tactics — randomly accosting suspects, handcuffing them and throwing them in patrol cars before questioning them. 

Batt, who left the department after speaking up, said “The Riders” routinely beat suspects and concocted police reports. Suspects alleged they planted drugs on innocent people. 

In response to the scandal, the Oakland Police Department set up a number of protections to ensure such aggressive tactics won’t happen again. 

Residents and business owners say officers are being more careful. 

“Officers have been more circumspect in the way they deal with non-crime events,” said Bob Tuck, owner of Atlas Heating and Air Conditioning Co., which has been based in west Oakland since 1916. “There’s not as much confrontation in those situations, but when there’s a crime happening they’re just as on top of it as they’ve always been.” 

Joshua Richardson, who claims one of the accused officers beat him up and left him near a freeway overpass, is among 115 people who have filed 17 civil rights suits against the city. 

“People feel freer now,” Richardson said. “Not a lot of people are saying they’re scared of the police.” 

Ellen Parkinson, who started the Oak Center Neighborhood Association in 1963, said “they’re very sensitive, more sensitive than they were.” 

The East Bay Regional Park District will pay $1.7 million for 276 acres of agricultural land in eastern Contra Costa County that will provide the Bay Area with improved access to the Sacramento-San Joaquin Delta. 

At the board of directors meeting on Tuesday, district officials unanimously approved the acquisition of the land located in the Orwood Track area just north of the Discovery Bay community. “The park district's master plan is to acquire Delta access for public recreation purposes, so this action fits that goal perfectly,” park district spokesman Ned MacKay said Wednesday. “The land will be preserved as open space for public recreation since the population is growing in that area.

El CERRITO — A wayward squirrel got into a circuit breaker at a Pacific Gas and Electric substation, cutting power to 27,570 customers Wednesday. 

Residents in El Cerrito, North Berkeley and Richmond lost power at about 12:10 p.m. Power was restored by 3:04 p.m. 

“The squirrel was much worse for the wear, as was our equipment,” PG&E spokesman Jason Alderman said. 

The circuit breaker was seriously damaged when the squirrel’s body disrupted the flow of electricity. Animals getting mixed up in the power supply are one of the biggest causes of outages, Alderman said. 

SAN FRANCISCO — Screeners at San Francisco International airport who are not U.S. citizens will have until September to obtain citizenship. 

Officials at SFO announced Tuesday that federal officials had allowed airport officials to delay in switching to federal security screeners, buying time for 720 security personnel without citizenship. 

As part of the federal transportation security law, Congress requires that all screeners be federal employees and citizens by Nov. 19. Screener advocates have gotten help from Mayor Willie Brown and congressional representatives to apply for citizenship so they can keep their jobs. 

“I’m very interested in doing everything I can to work with all the screeners to make sure we provide them with every opportunity to meet the federal standards,” the airport’s federal security director, Edward Gomez, said. 

Airport officials hope to retain existing screeners because of their experience, an airport spokesman said. 

SAN FRANCISCO — Salvage workers will plunge into the ocean 17 miles southwest of the Golden Gate Bridge on Saturday to recover thousands of gallons of oil from a ship that sank in 1953. 

The rescue crew will operate from a 400-foot-long barge to remove oil from the SS Jacob Luckenbach, according to Richard Fairbanks of Titan Maritime, the company that will conduct the operation. 

The ship sits in 175 feet of water, and has been leaking oil for the past decade. The Coast Guard and state officials in February blamed the ship for mysterious oil slicks that have killed thousands of seabirds from Monterey Bay to Sonoma County. 

It is not the artists’ fault that they live on a fault, but an expensive retrofitting job, to the co-operative gallery located in the 1700 block of Shattuck, will be their problem.  

The space being rented by the Berkeley Art Co-op, the ACCI art gallery in North Berkeley, is faced with the formidable task of either meeting stringent retrofitting standards or clos down. 

The art gallery is a luminescent space, replete with sun flowing in through large windows, a skylight and color photographs and paintings on the wall. The room is accented by colorful tield mozaics, and in one one corner there is a puff of white mesh and lights — glowing and ethereal in the soft afternoon light. 

But behind that white-walled showroom lies the beginning of the co-ops problems — it is a dark, cramped passageway wich a crack zigzagging down the brick wall, cutting a crevasse from the high ceiling almost to the floor. 

“Everyone is afraid of this spot,” said Angela Livingston, artist and fundraising coordinator. Gaping holes showed where bricks had fallen. 

Pipes protruded from the ceiling. Cobwebs wove across the wall and nestled in corners. 

The cost to repair the 69-year-old building is inconceivable for many of the members.  

Livingston hesitated when asked how much the repairs would cost. The original estimate for the repairs was $250,000, but now the price tag is closer to $175,000, said Sarah Hunter, sales manager for the 

gallery. This is because the co-op has been allowed to delay making the building wheelchair-accessible, which is usually a city requirement if a business undergoes repairs. They will do that “at a later date,” said Mia Capodilupo, administrative manager. 

The earthquake issue, on the other hand, is not up for debate. The city is requiring that the co-op reinforces the walls, fixes the roof, and strengthens the building’s alignment. To help fund the repairs the co-op will have to rely heavily on donations, and to this end the artists have set up a non-profit foundation so that they will be tax-deductible. 

Until now the co-op has functioned as a normal business, so its income from contributions has been paltry ? usually less than $150 a month. 

“We should have done this a long time ago, because we don’t really make any money,” said Kirk McCarthy, one of the six co-op members who comprise the board of directors. 

Making a profit has never been the aim of the co-op, but its very survival is testimony to its success. It was born in 1957, a time when the original Berkeley Food Co-op was spawning dozens of smaller 

member-owned organizations. As the years passed and the co-op fervor cooled, the artists watched the other co-ops fall by the wayside, while their own group continued to flourish. 

“We were the only successful co-op left, and we were in a very good financial situation,” said Martha Whiteway, who managed the co-op for 25 years. “We ran a tight ship.” 

The closure of the Berkeley Food Co-op in 1988 signaled the end of an era, and now the art co-op is a relic of those idealistic times. 

“Co-ops are a dying breed in the Bay Area,” Hunter said. “Our co-op is really a treasure.” 

The key to the co-op’s survival is largely in the hands of the community, which seems to be willing to help. 

“People have responded really favorably ? they have wanted to participate,” Hunter said. “They want to keep this organization alive and going. It’s really brought people out of the woodwork.” 

But the question of whether pledges of support will lead to financial contributions remains unanswered. As it stands, the flow of donations remains a trickle. 

The members admit that they may be part of the problem: they simply don’t know how to get people to open their wallets. 

“We’re artists, we’re not good businesspeople. We don’t know how to raise money,” Livingston said. 

At the first of several monthly jazz evenings, attendance was so low that the gallery barely broke even. It was a blow to volunteers who had worked hard on the event. 

“I cried because I was exhausted and no-one showed up,” said Livingston. 

Other attempts at raising money have been just as tough. When the co-op raised the rents of the small business owners who work in the rooms upstairs, the tenants protested. 

The members themselves are bearing part of the financial burden, by donating art and a higher portion of the profits to the board of directors. Although they have been generous it is not easy. 

“We’ve hit them up a lot, and it’s difficult,” said McCarthy. 

Since its fate lies so heavily in the hands of the community, the co-op’s members are trying to remain optimistic. Though times are hard now, they want people to trust that the cracks in the wall will go but 

the art is here to stay. 

“Every day is a little bit better,” McCarthy said. “I want to be upbeat 

about it ? if you say ‘we’re going off the

LIVERMORE — Lawrence Livermore National Laboratory officials today launched a program to give public safety officials access to state-of-the-art technology to battle chemical and biological threats. 

Lab spokeswoman Anne Stark said Seattle is the site of the pilot project, but lab officials plan to partner with cities around the nation interested in the "Local Integration of National Atmospheric Release Advisory Center with Cities'' program. 

“NARAC can predict any kind of release in the atmosphere, anywhere in the world,” Atmospheric Release Assessment Programs leader Don Ermak said yesterday, referring to the Livermore Lab-based National Atmospheric Release Advisory Center. Ermak said the program will involve a few days of initial training, along with periodic refresher practice with an easy computer program that cities can use to connect to the sophisticated center. He says the high-powered Livermore Lab center has been tapped in the past for such formidable and urgent problems as plotting the course atmospheric contaminants from the 1986 nuclear reactor explosion in Chernobyl, Ukraine were likely to take through Earth's turbulent atmosphere. 

TULSA, Okla. — Williams Cos. told energy regulators Wednesday that some of its California trades resembled those allegedly made by Enron Corp., but were not designed to manipulate the state’s power market. 

“We emphatically denied that Williams participated in those types of strategies,” said Bill Hobbs, president of Williams’ energy trading division. “We disclosed some of our transactions that had similar characteristics but were done for entirely different purposes.” 

“There were few of these transactions and their volume was insignificant,” Hobbs said in a conference call with analysts. 

The filing sent Williams stock soaring. Shares closed up $1.71, or 10.7 percent, to $17.71 in trading on the New York Stock Exchange. 

The Federal Energy Regulatory Commission on May 8 ordered Williams and other companies involved in the California energy market in 2000 and 2001 to disclose by Wednesday whether they engaged in questionable trades. Energy prices in California increased tenfold in those years. 

A FERC spokeswoman said the commission would not comment on Williams’ filing, which is part of a continuing investigation scheduled to end this summer. 

The commission began investigating possible price manipulation in California in February. The inquiry gained steam earlier this month when FERC received internal Enron documents outlining how the company allegedly misled state officials about trades to make more money during the state’s energy crunch. 

The memo from an Oct. 3 meeting said Enron traders coined colorful terms such as “Get Shorty,” “Fat Boy” and “Death Star” to describe different energy sales plans. 

In the filing, Tulsa-based Williams said it engaged in some transactions similar to “Get Shorty,” in which a trader agrees to provide auxiliary energy in the future beyond its current capability. The trader later buys the necessary energy on the real-time market at a lower price. 

Williams never made deals to provide power it didn’t have, but it did occasionally buy auxiliary power on the real-time market for reasons other than profiting from the price difference, the company said in the filing. 

Williams said it also engaged in trades sharing characteristics with “Fat Boy,” in which Enron allegedly withheld scheduled power service so it could instead sell the energy in the real-time market. 

While Williams also scheduled power service that did not meet any demand, it did so for legitimate reasons, the company said. Also, Williams said it didn’t deceive California officials, because it already had access to energy it could sell in the real-time marketplace. 

Williams said its scheduled, unused energy amounted to just four-tenths of a percent of its California transactions, and it sold only $1.9 million of scheduled energy on the real-time market in 2000 and 2001. 

“Throughout the time period, we closely monitored the evolving market and made every effort to participate in a way that was fair and legal,” chairman, president and chief executive officer Steve Malcolm said. “Williams does not have and it never has had strategies to engage in illegal or improper market behavior.” 

FERC has also given Williams and its rivals a May 31 deadline to disclose any “round-trip trading,” in which one company sells power to another and then simultaneously buys it back at the same price. 

The companies claim that no profit is generated, but trading volume and firm reputation is elevated. 

Williams on Monday joined four rivals in admitting to the legal trades. But Williams said “round-trip” trades made up less than 1 percent of its total volume the last two years and didn’t affect reported revenues.

SAN FRANCISCO — Gap, Inc.’s shares plunged 15 percent Wednesday amid investor worries the unexpected retirement of Millard “Mickey” Drexler as chief executive will hobble the already limping retailer. 

After informing Gap’s board of his plans Tuesday, Drexler tried to reassure investors Wednesday that his departure won’t hurt the San Francisco-based company’s effort to reverse a two-year sales slide. 

Saying he wouldn’t feel comfortable stepping down unless he was confident a turnaround was just around the corner, Drexler described his move as a vote of confidence in the company, rather than a distress signal. 

“I just feel good about what I see is happening,” Drexler, 57, said during a conference call with analysts. “I feel really comfortable with the team in place.” 

Drexler indicated he will stay on the job as long as it takes the Gap to find a replacement.

After a two-and-a-half-day visit, a five-member team from the Western Association of Schools and Colleges said Berkeley High School has made progress on communications and governance, but needs to improve on staff development and its approach to the “achievement gap” that separates white and Asian-American students from African-Americans and Latinos. 

District administrators said the WASC evaluation, delivered during an “exit report” Tuesday afternoon, was on target.  

“There wasn’t anything in this report I’d quarrel with,” said Superintendent Michele Lawrence. 

WASC is a Burlingame-based regional accrediting organization that has threatened to remove its seal of approval unless Berkeley High School makes progress in 11 problem areas first identified in 1999. 

The high school’s current accreditation runs through June. The team that visited this week will recommend that the WASC commission either terminate accreditation, or extend it by one, two or three years. The commission will meet June 24-25, review the recommendation, and issue a judgment. 

Hal Bush, who chaired the WASC visit team, indicated that the group will not recommend termination. But he declined to tip his hand on the length of the extension the group will suggest. 

The team arrived Sunday, meeting with high school administrators, parents and elected officials. On Monday and Tuesday, members attended a series of focus groups with staff and students and visited classrooms. 

Laura Brooke, a Stockton high school teacher on the WASC team, applauded the school for putting a new “shared governance” team in place, including teachers, department heads and administrators. 

She also commended BHS for improving communications through newsletters and an “e-tree” that distributes information via e-mail. But Chuck Gary, another WASC team member, said that some of the staff, students and parents the group interviewed felt that improvements needed to be made. 

“Communication must and will continue,” said Lawrence, in response to the critique. 

Brian Irvine, a Fremont High School teacher on the visit team, said the high school still lacks a comprehensive staff development plan. 

“We’ve made some really good progress this year,” responded BHS co-principal MaryAnn Valles. But she acknowledged that the school needs to coordinate and focus its staff development plan to have a marked impact on student success. 

Gary said a coordinated approach, starting with kindergarten teachers, is necessary to address the achievement gap. 

“The achievement gap starts before Berkeley High School,” Gary said. 

Lawrence said she will work with teachers this summer to put a “cohesive,” district-wide staff development plan in place. She suggested that the achievement gap could be the focus of that plan. 

Gary also urged the school to look more closely at research focused on intervention and instructional practices that have worked to address the gap across the country. But Miriam Stahl, chair of the visual and performing arts department, said the process has already begun.  

Gary added that BHS needs to develop concrete assessments for its programs so that it can better evaluate their success. 

“A lot of people recognize that,” said Dana Moran, an ethnic studies teacher at BHS, who argued that assessments are particularly important in an era of budget cutting, when programs are on the block. 

Moran said one problem is that the administration does not set aside time for teachers to develop assessments. 

“We’re not given institutional time to do that,” she said. “It’s nobody’s job.” 

Valles said the WASC criticism was “fair.” She said the BHS co-principals worked late into the night Monday when it became clear that assessment was a concern, developing new measures of success. 

Valles said the school will monitor the number of D’s and F’s that freshmen receive in math and English to assess the effectiveness of the BHS ninth-grade program, for instance, and evaluate absenteeism data to gauge the success of its attendance plan. 

Members of the WASC team said they were impressed with the high school’s commitment to reform. 

“We’d like to commend the administration for working hard,” said Brooke. 

“The school definitely has the capacity to make this action plan work,” added Irvine. 

The remarks came in stark contrast to a March 2001 WASC report that chided the high school for “spotty” progress. 

Now, Valles said, it’s a matter of continuing to push for change. 

“We’ve got to maintain the momentum,” she said.

Today is Wednesday, May 22, the 142nd day of 2002. There are 223 days left in the year. 

Highlight: 

On May 22, 1972, President Nixon began a visit to the Soviet Union, during which he and Kremlin leaders signed the SALT I arms limitation treaty. 

On this date: 

In 1761, the first life insurance policy in the United States was issued, in Philadelphia. 

In 1813, composer Richard Wagner was born in Leipzig, Germany. 

In 1868, the “Great Train Robbery” took place near Marshfield, Ind., as seven members of the Reno gang made off with $96,000 in loot. 

In 1900, The Associated Press (founded in 1848) was incorporated in New York as a non-profit news cooperative. 

In 1939, Adolf Hitler and Benito Mussolini signed a “Pact of Steel” committing Germany and Italy to a military alliance. 

In 1947, the “Truman Doctrine” was enacted as Congress appropriated military and economic aid for Greece and Turkey. 

In 1969, the lunar module of Apollo 10 flew to within nine miles of the moon’s surface in a dress rehearsal for the first lunar landing. 

In 1972, the island nation of Ceylon became the republic of Sri Lanka. 

In 1990, after years of conflict, pro-Western North Yemen and pro-Soviet South Yemen merged to form a single nation, the Republic of Yemen. 

In 1990, boxer Rocky Graziano died in New York at age 71. 

Ten years ago: After a reign lasting nearly 30 years, Johnny Carson hosted NBC’s “Tonight Show” for the last time, telling his audience, “I bid you a very heartfelt good night.” (Carson was succeeded by Jay Leno.) 

Five years ago:  

In a case that drew national attention, Kelly Flinn, the Air Force’s first female bomber pilot certified for combat, accepted a general discharge, thereby avoiding court-martial on charges of adultery, lying and disobeying an order. The defense began presenting its case in the Oklahoma City bombing trial of Timothy McVeigh. 

One year ago:  

Ford Motor Co. said it planned to spend more than $2 billion to replace up to 13 million Firestone tires on its vehicles because of safety concerns. 

Today’s Birthdays:  

Movie reviewer Judith Crist is 80. Singer Charles Aznavour is 78. Actor Michael Constantine is 75. Conductor Peter Nero is 68. Actor-director Richard Benjamin is 64. Actor Frank Converse is 64. Actor Michael Sarrazin is 62. Former CNN anchor Bernard Shaw is 62. Actor Paul Winfield is 61. Actress Barbara Parkins is 60. Songwriter Bernie Taupin is 52. Actor Al Corley is 46. Singer Morrissey is 43. Country musician Dana Williams (Diamond Rio) is 41. Rock musician Jesse Valenzuela is 40. Rhythm-and-blues singer Johnny Gill (New Edition) is 36. Rock musician Dan Roberts (Crash Test Dummies) is 35. Model Naomi Campbell is 32. Actress Alison Eastwood is 30. Singer Donell Jones is 29. Actress A.J. Langer is 28. 

To the Editor: 

Low-density, low-height-limitation advocates sadly miss the point: If we are to improve the quality of life in Berkeley, we must reduce automobile traffic dramatically.  

This can only be done by providing housing in Berkeley for students, teachers, firefighters, and others who work in Berkeley.  

In-fill residential development scaled to its architectural context is the environmentally-sound way to provide housing and increase the viability of public transportation. People can live well without private cars if they're provided decent public transportation.  

- Charlene M. Woodcock 

Berkeley

Wednesday, May 22 

Yonder Mountain String Band  

Hard Chargin’ bluegrass 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$19.50 advance, $20.50 at the door 

Thursday, May 23 

The Crowden School 19th Annual Spring Concert in Berkeley 

7:30 p.m. 

First Congregational Church of Berkeley 

Corner of Dana and Durant 

559-6910x110, www.thecrowdenschool.org 

John Reischman & the Jaybirds 

Mandolin virtuoso & red-hot bluegrass ensemble 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at door 

Friday, May 24 

Jazz Night 

8 to ll p.m. 

The Bob Schoen Quintet; featuring vocalist Cheryl McBride and surprise guest. 

ACCI Gallery 

1652 Shattuck Avenue 

843-2527, www.accigallery.com 

Friday, May 31 

Jesse Sykes and the Sweet Hereafter (with former Whiskytown member Paul Wandscher)  

headlines The Starry Plough 

9:30 p.m. - Bingo 

10:45 p.m. - Winfred Eye 

12:00 a.m. - Jesse Sykes 

3101 Shattuck Avenue 

841-2082 

$7 door 

Sunday, June 2 

Trinity Chamber Concerts Series 

5:30 p.m. 

Zoe Vandermeer, Harpist (baroque triple harp) and Soprano will perform vocal and instrumental selections by Dowland, Byrd, Caccini, Frescobaldi, Rogniono, and others on both triple harp and italian spinet. 

Trinity Chapel 

2320 Dana Street 

Suggested donation, $12 general, $5 for students, seniors or handicapped 

Monday, June 3 

Trinity Chamber Concerts Series 

3 p.m. 

Ensemble Ortega, featuring singer Elza van den Heever, instrumental and vocal works by Corelli, Stradella, Muffat, Rosenmiller, Frescobaldi, Gabrieli and Marini. 

Trinity Chapel 

2320 Dana Street 

Suggested donation, $12 general, $5 for students, seniors or handicapped 

Tuesday, June 4 

Trinity Chamber Concerts Series 

3 p.m. 

The Amorous Nightingale, Soprano Twyla Whittaker - Baroque "birdsong" music by Bach, Rameau and Handel. Also performing are: Stephen Schultz (flute), David Wilson (violin), Jonathan Salzedo (harpsichord), and Paul Hale (cello). 

Trinity Chapel 

2320 Dana Street 

Suggested donation, $12 general, $5 for students, seniors or handicapped 

WomenSing presents "Your Song: Director’s Cut" 

A spring concert retrospective by director David Morales 

3 p.m and 7 p.m. 

Valley Center for the Performing Arts, Holy Names College, Oakland 

(925) 943-SHOW 

$20 general/$18 students & seniors 

Wednesday, June 5 

Trinity Chamber Concerts Series 

5:30 p.m. 

Franklin Lei, lute with Zoe Vandermeer, Soprano and triple harp perform music of John Dowland  

Trinity Chapel 

2320 Dana Street 

Suggested donation, $12 general, $5 for students, seniors or handicapped 

Thursday, June 6 

Trinity Chamber Concerts Series 

2 p.m. 

John Khori, forte-piano 

music of Beethoven, Muzio Clementi, J.L. Dussek and John Field, on his 1808 Broadwood Grand Forte - piano. 

Trinity Chapel 

2320 Dana Street 

Suggested donation, $12 general, $5 for students, seniors or handicapped 

Richmond Art Center 

New Exhibitions 

Tuesday - Friday 10:00 a.m. to 4:30 p.m., Saturday Noon to 4:30 p.m. 

June 1 through August 17 

2540 Barrett Avenue, Richmond 

620-6772, www.therichmondartcenter.org 

"The Suzuki Studio," showing with Pro-Arts East Bay Open Studio 

June 1, 2 and June 8, 9 from 11 a.m. to 6 p.m. 

2240 Grant Street (corner of Bancroft Way and Grant) 

849-1427 

"Fine Art 2002 - Oakland" 

Show celebrates Oakland’s 150th Anniversary 

August 17-18 

Jack London Square 

Fine Artists are invited to apply to the juried show by e-mailing pr@kstudios.net or call 707-426-2294 

"24th Annual Quilt Show" 

May 6 through June 8, Mon-Thu, 10 a.m. to 9 p.m., Fri-Sat, 10 a.m. to 6 p.m. 

The show displays an eclectic mix of traditional and contemporary quilts  

North Berkeley Branch Library 

981-6250 

Free 

"For One Lousy Minute She Felt Like A Queen: A Visual Journal" 

May 19 through June 27 

Addison Street Window Gallery 

2018 Addison Street (between Shattuck and Milvia) 

Sponsored by the Berkeley Civic Arts Commission 

"New Work: Collage and mixed media on paper and on canvas," by artist Mitzi Trachtenberg 

Tuesday through Friday, 10:00 a.m. to 5:30 p.m.; Saturday 10:00 a.m. to 4:00 p.m. Runs Saturday, May 18 through June 15. 

Barbara Anderson Gallery 

2243 Fifth Street 

848-3822 

"Images of Love & Courtship," Ledger Paintings by Michael Horse runs through September 15. Meet Native American artist, Horse, at the Gathering Tribes Gallery. 

July 13 and 14 

1573 Solano Avenue 

528-9038, www.gatheringtribes.com 

Variety Preview Room Art Opening 

Wine & cheese reception showcasing WPA (Works Progress Administration) muralist James Daugherty. Hosted by Variety, a children’s charity started in the depression when a baby was left in a Vaudeville Theatre with a note pinned to her, pleading for help. In this time of economic uncertainty and patriotism please join for viewing this special collection of WPA murals. 

Wednesday, May 22, 5 to 7 p.m. 

Variety Preview Room 

582 Market St. at Montgomery, San Francisco  

415-781-3894 

The Art History Museum of Berkeley Masterworks by Guy Colwell. Faithful copies of several artists from the pasts, including Titian’s “The Venus of Urbino,” Cezanne’s “Still Life,” Picasso’s “Woman at a Mirror,” and Botticelli’s “Primavera” Ongoing. Call ahead for hours. Atelier 9, 2028 Ninth St., 841-4210, www.atelier9.com. 

Wednesday, May 23 

Toddler Storytime  

Baby Bounce and Toddler Tales continues through July on Wednesday evenings 

7 p.m.  

West Berkeley Library 

1125 University Avenue (near San Pablo) 

981-6270 

Monday, May 20

Build Your Dream-House for a Song 

(and own it free & clear in 5 years), author David Cook. 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Berkeley Gray Panthers 

Home owners meeting. Chuck Durrett of Co-Housing tells about his program. All welcome. 

3 p.m. 

Berkeley Gray Panthers office 

1403 Addison St. (behind Andronico's on University) 

548-9696 

Tuesday, May 21

Fibromyalgia Support Group 

Herbal Alternatives and Drug Interactions for Fibromyalgia 

Noon to 2 p.m. 

Alta Bates Medical Center, Maffly Auditorium - Herrick Campus 

2001 Dwight Way 

644-3273 

Free 

The Art of Practice with Tom Heimberg 

Violinist with the SF Opera, Tom offers an overview that applies to all instruments. 

Musicians Union Local 6 

116 Ninth St. at Mission 

San Francisco 

415-575-0777 

$10 and free to local 6 members 

Strawberry Tasting 

Tasting & cooking demonstrations 

Berkeley Farmers' Market 

10 a.m. to 3 p.m. 

Derby Street at Martin Luther King, Jr. Way  

Free 

Arthritis Month Special 

Herbal alternatives & drug interactions for Fibromyalgia. Dr. Anita Marshall, Pharm.D., l.Ac 

12 to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

for more info: 644-3273 

Wednesday, May 22

Healthful Building materials 

Seminar by Darrel DeBoer 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Thursday, May 23

Secrets of Search Engine Marketing 

A workshop held by The Sustainable Business Alliance 

8:30 to 11:30 a.m. 

Holiday Inn Express 

1175 University Avenue 

451-4001 

Senior Men's Afternoon 

Gay senior men discussion group, 2nd & 4th Thursdays. 

Pacific Center 

2712 Telegraph Ave. 

510-548-8283  

Free 

Fishbowl: “Everything you always wanted to know about the opposite sex but were afraid to ask” An opportunity to ask anonymous questions in a confidential and supportive environment. 

7:30 to 9:30 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut St., Berkeley 

510-848-0237 X 127 

$8-$10 

Attic Conversions 

Seminar by architect Andus Brandt 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Friday, May 24

Fiddle Down the FBI! 

Rally to Commemorate the 12th Anniversary of the car bombing of Judi Bari and Darryl Cherney and Celebrate the end of their federal civil rights trial against the FBI and Oakland Police Department. 

Noon 

Oakland Federal Building 

13th and Clay St., near 12th St BART stop 

Bring musical instruments 

663-6330, www.judibari.org 

Cherokee Artist: John Balloue 

paintings depict scenes from historic & contemporary Cherokee history, as well as pow-wow and spiritual images. 

Gathering Tribes 

1573 Solano Ave. 

528-9038 or www.gatheringtribes.com 

Saturday, May 25

Word Beat Reading Series 

All kinds of entertainers come together. Featuring Kera Abraham and Ruth Levitan 

7-9 p.m. 

458 Perkins at Grand, Oakland 

Free 

Alice Waters “Chez Panisse Fruit” book signing 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Children's Movies 

Pinnochio (in English) 

Shows at noon & 2 p.m. 

The Actor's Studio 

3521 Maybelle Ave. 

Oakland 

510-530-0551 

$3 

6th Annual Sidewalk Chalk Art Festival 

Everyone's welcome to participate in covering Solono's sidewalks with chalk art. Featuring refreshments and entertainment. Artist's chalk and a Polaroid of the finished work are available for a fee. To encourage early registration, a raffle for merchandise by local business will be held for the artists at noon.  

Registration at Peralta Park, 9 a.m. - 5 p.m., 1561 Solano Ave. Berkeley. 

For more information: 510-527-5358, www.solanoave.org. 

Free 

Cain & Abel- 1st Annual Stop the Violence Gospel Festival 

In Memory of Children Killed by Senseless Violence 

St. Andrews Baptist Church Gospel Choir, Family in Unity Gospel Choir, Our lady of Lourdes’ Men Gospel Choir, Lorrain Taylor, Michael Nelson, Praise Dancers, Testimonials, Display of Homicide Quilt, presentation by Students of Malcolm X Academy, Sermon by Rev. Ishmael Burch Jr., LeDoursey’s “Gone But Not Forgotten” Sky, Ronald DeVoyce Blackburn’s From-the-Cradle-to-the- Grave memorial candles, The Homicide Names Banner and Holman “Bob” Turner’s photographs of parents at the graveside or location where their child was killed. 

Noon- 6 p.m. 

St. Andrews Baptist Church 

2565 Post Street (at Lyon) 

San Francisco 

415- 292-5157 or 415-346-6500 

Free- contributions and donations appreciated 

Saturday & Sunday, May 25 & 26

19th Annual Himalayan Fair 

Outdoor celebration of the great Mountain Cultures! Authentic Himalayan Art, craft, Music & Dance, exotic food & stage entertainment. Benefits Himalayan Grassroots projects. 

Sat. 10-7, Sun. 10-5:30 

Live Oak Park 

Shattuck & Berryman 

$5-$7 Donation 

Saturday through Monday, May 25-27

Chocolate & Chalk Art Festival 

Chalking takes place on Saturday only. Viewing the artwork all week end. 

Chocolate Festival begins by picking up a chocolate menu from business on Solano Ave. flying a festival banner. Chocolates are available for purchase from merchants as you stroll. Professor Gizmo, a one-man -band on Saturday from 2-4 at Peralta park and Berkeley Police operation Kid-print will be set up for finger printing your kids to keep in a file at home. Dog Fashion Show on Sunday at Solano & Key Route at 2 p.m., all animals must pre-register at 236-0588. Pet adoptions in Peralta Park 11:30-2:30 p.m., Sunday. Solano Avenue Gift Certificate Raffle anytime from May 22-29. Winner drawn May 29. 

The entire length of Solano Avenue, Berkeley & Albany.

Souders gets the start against Antioch 

Last year, the Berkeley High baseball team lost its last four regular season games, giving away the ACCAL title and dropping to the 16th and final seed in the North Coast Section playoffs, where they were summarily dismissed by Deer Valley fireballer Dan Denham. Denham is now one of the top pitching prospects in the Cleveland Indians farm system, but this year’s ’Jackets made sure they wouldn’t face any Denham-like forces early in the NCS this season by holding on to win the league championship. 

Berkeley (18-6) was given the No. 6 seed for the upcoming NCS 3A East Bay playoffs and face 11th-seeded Antioch High (14-10) today at Cal’s Evans Diamond, with the first pitch scheduled for 5 p.m. None of the current Berkeley players have won an NCS game, and last year’s finish left a bitter taste in most players’ mouths. 

“I think morale is much higher this year, knowing we don’t have to face Dan Denham,” senior Matt Toma said. “I definitely feel like this year we have a much better chance to move on from the first round.” 

Antioch doesn’t have an ace on the scale of the overpowering Denham (then again, who does?), but the ’Jackets know they’re in for a tough game. 

Much of the ’Jackets’ fortunes rest on the shoulders of junior Sean Souders, who will get the start on the mound against Antioch. The southpaw has become Berkeley’s ace this season, but his last two appearances resulted in losses. He was especially wild in his last start, a 5-4 loss to El Cerrito that put the ACCAL title in jeopardy. Souders said he wasn’t worried about his last start, just the next one. 

“This is the game that has the most meaning to the team,” Souders said. “I’ve been working in the bullpen focusing on throwing first-pitch strikes to get ahead of the hitter. Hopefully that will translate into the game.” 

Berkeley head coach Tim Moellering said he’s not worried about Souders. 

“I see no reason to expect him not to have his usual good stuff,” Moellering said. “One rough start doesn’t mean anything.” 

Moellering has limited knowledge of the Antioch offense, saying “they’re strong from top to bottom,” but he does know that Antioch likes to steal bases. Moellering will try and counter with Sam Geaney behind the plate, since regular starter Jeremy Riesenfeld is still tentative on throws after undergoing two shoulder surgeries last year. 

There was a certain attitude among the Berkeley players at their final practice on Tuesday afternoon, attributable to a perceived lack of respect from the NCS seeding committee and media pundits. The ’Jackets felt they deserved a higher seed after winning the ACCAL title and beating No. 1 California in the preseason. One Bay Area newspaper predicted a tough matchup for Antioch in the second round, all but assuming they would get past Berkeley. This for a team that finished a distant third in the Bay Valley Athletic League. 

“There’s a definite lack of respect coming our way,” Toma said. “The overall leagues out in the valley might be superior to the ACCAL, but in terms of our team’s talent level we should get the same respect as the teams from out there.” 

NOTES: Berkeley had six players named to the All-ACCAL teams, including two first-teamers. Souders and second baseman Lee Franklin were named to the first team, with Toma, outfielder Bennie Goldenberg and infielders DeAndre Miller and Jason Moore named second-teamers... The winner of the Berkeley-Antioch game will face the winner of the Deer Valley-De La Salle first-round matchup.

xGov. Gray Davis’s proposed education budget shouldn’t inflict much harm on the Berkeley Unified School District next year, according to one highly-placed district official. But concerns about health care costs, special education and mentoring programs at two Berkeley schools linger. 

“I don’t think the May revision will have a significant impact,” said Associate Superintendent for Business Jerry Kurr, referring to the budget document the governor released last week in an attempt to address a nearly $24 billion shortfall. 

But Kurr said state education funding may not keep pace with escalating health care premiums. The district is now projecting increases of 17.5 to 25 percent next year, he said.  

The governor, meanwhile, is proposing a roughly 1.9 percent cost-of-living adjustment, or COLA, for school district budgets. 

“A higher COLA certainly would help,” Kurr said. 

The federal government’s Department of Commerce sets the minimum COLA each year – 1.66 percent this time around. Davis has proposed a 1.66 COLA for some programs and a two percent increase for others, resulting in the aggregate 1.9 percent figure.  

Robert Manwaring, senior fiscal and policy analyst for the Legislative Analyst’s Office, which advises the legislature on the budget, said the adjustment should theoretically incorporate rising health care costs, but may lag behind the realities facing districts on the ground. 

The May Revise 

Gov. Davis made education a top priority in his May revision. While health and human services and county government sustained heavy hits, Davis held the line on education spending and transferred roughly $1.7 billion from this year’s school budget to the next in order to maintain the funding guarantees established by voters with passage of Proposition 98 in 1988. 

There was speculation before last week that the governor might ask the state legislature to suspend Proposition 98, which dedicates about 35 percent of the state’s general fund to schools. Instead, the governor has proposed a roughly $2 billion increase in education spending over the current year — with cuts in some areas and increases in others. 

Discretionary funding concerns 

“The budget generally avoids the kinds of reductions that hit local districts,” said Kevin Gordon, executive director of the California Association of School Business Officials, or CASBO. “(But) there are going to be some impacts if we don’t get some shifts within the budget.” 

Gordon raised particular concern about a proposed reduction of $200 million in discretionary funding for school districts statewide. He said districts have come to depend upon that funding. CASBO will push the legislature to shift the $200 million in cuts to new or expanded programs so local administrators will not feel the impact as strongly. 

A Senate budget committee voted Saturday to restore a portion of the discretionary funding and shift the cuts elsewhere. If those restorations survive the legislative process, some of Gordon’s concerns may be answered. 

But Kurr said that even if the discretionary cuts pass, they should not have a significant impact on next year’s Berkeley Unified School District budget. The district had already projected some of the cuts, he said, and does not qualify for some of the money in question anyhow, because of lofty local revenues. 

Special education 

The Davis plan would maintain special education funding at current levels next year. But part of the governor’s proposal involves cutting roughly $118 million in state funding and plugging in new federal dollars to make up the gap. 

The proposal does not sit well with Berkeley Board of Education member John Selawsky. 

“We’re supposed to be getting more this year because the federal funding is going up,” he said. 

Gordon said CASBO does not expect to restore the state funding this year, but is pushing legislation, sponsored by Assemblyman Richard Dickerson, R-Redding, and Senator Dede Alpert, D-Coronado, that would prevent the practice of substituting federal for state funding in the future. 

Berkeley Board of Education member Ted Schultz said ultimately the federal and state governments must provide full funding for costly special education programs that impinge heavily on districts’ general funds. 

A recent study by California School Services, Inc., a Sacramento consultant, found that special education spending “encroached” on the Berkeley Unified general fund to the tune of $4.5 million in 2000-2001, well above the statewide average. But the report noted that the costs of special education in the Bay Area tend to be higher than they are in other parts of the state. 

Mentoring 

Davis has proposed a $4.3 million cut to the Academic Volunteer and Mentor Service Program’s $10 million budget. The state program funds mentoring programs at over 300 school sites statewide, including Emerson Elementary School and Willard Middle School in Berkeley. 

Program officer Janet Lopez said the office will continue to fund mentoring programs in the midst of three-year grants. But if the Davis proposal passes, the state will not renew grants at schools like Emerson, which is just finishing its third year. It will also cut $1.2 million in one-year “phase-out” grants for schools like Willard that have completed six years of service. 

“We were pretty shocked,” said Monica Santos, coordinator of the Emerson program, describing her reaction to the news last week. She said she is scrambling for foundation money to keep the program going next year. 

Administrators, teachers and students at the school plan to write letters to the legislature urging protection of the program. Santos urged Berkeley residents to do the same and voiced hope that Berkeley businesses might provide financial support for the program. 

Barry Fike, president of the Berkeley Federation of Teachers, said if the state is going to cut, it should start by eliminating the standardized testing system, which he labeled a “fiasco.”

To the Editor: 

Let me underscore Dan Peven's remarks about the inherent unfairness of the process by which the School Boards receives public commentary (5/21). 

On two seperate ocassions, I arrived early and filled out the appropriate cards, only to watch the director of the School Board, Shirley Issel, selectively choose cards of people to speak, while burying the cards of others whose views she does not agree with. Certainly, the School Board needs to adopt a fair process that values community input, not retain one that is politically motivated. The current process seems to be a clear violation of the Brown Act. 

- Michael Bauce 

Berkeley 

STANFORD – Cal’s representatives in the NCAA Women’s Tennis singles championship were eliminated Tuesday, as sophomore Raquel Kops-Jones and junior Christina Fusano both lost in the first round.  

Kops-Jones (27-17), who led her match 6-1, 1-1 going into the nearly-four hour rain delay Monday, was unable to hold on for the win, only managing two wins in the second set before going to a third-set tiebreaker.  

Fusano (25-10), the team captain, joined the 64-player draw at the last minute a fourth alternate. Narrowly dropping the first set, Fusano rallied strong in the second, winning 6-1 to force a third. However, after battling hard in the early portions of the third set, Lacelarie ultimately won the final two games to clinch her victory.  

While eliminated from singles, Kops-Jones will join Jody Scheldt Wednesday in their quest for the NCAA Doubles Championship.

xIf Berkeley can’t readily muster space for new sports fields within its city limits, maybe the city of Oakland can pinch hit. 

That’s what Berkeley leaders are hoping as they explore the possibility of turning the vacant Safeway site on Claremont Avenue in Oakland into a baseball diamond and soccer field. 

“I think it’s a good idea,” said Doug Fielding, chairperson of the Association of Sports Field Users, citing a city need for at least six more sports fields to meet the demand of local athletes. He noted that Berkeley currently has only 21 fields. 

The effort to assume control of the Safeway site in Oakland follows several public meetings on the ongoing development of the Eastshore State Park, along the Berkeley waterfront, where dozens of sports advocates have been pushing an agenda for playing fields along the bay. 

Their wishes, though, have met resistance from more environmentally-minded residents who want the waterfront to remain natural space for wildlife and outdoor enthusiasts. The California Department of Parks and Recreation, which will have final say over the bayfront park, wants the shoreline to remain undeveloped as well. 

“We definitely need playing fields for youth, but playing fields can be put anyplace if you’ve got the land... There’s only one waterfront, and it’s a very special area,” said Councilmember Dona Spring. 

Spring authored the request to explore the Oakland Safeway site for playing fields. Her request received unanimous support from City Council. 

However, some residents have expressed concern that Oakland may not be the best place for Berkeley sports fields.  

“I’m a little confused about why the city is looking at other cities when they have good sites here,” said Fielding. 

Others have voiced concern about the high volume of traffic on Claremont Street, and the safety implications, as well as the hefty price tag that may accompany the Safeway property. 

The lot is privately owned, and not known to be up for sale, according to city officials in Oakland. 

“But it’s a big sore thumb,” said Berkeley resident Kathryn Swift, a member of Bicycle-Friendly Berkeley Coalition and one of the first people advocating playing fields at the Oakland site. 

Swift added that the high volume of traffic on Claremont Street may be a good thing, vouching for the site’s accessibility to local athletes. 

Berkeley’s city manager’s office said it has already begun efforts to reach the owner of the Safeway site as well contact Oakland officials to inquire about joint appropriation of the land. 

“In many ways, the regional approach makes sense,” said Deputy City Manager Phil Kamlarz. “Kids don’t pay attention to city borders.” 

City staff, at an earlier request of City Council, is also looking into the possibility of buying land from Golden Gate Fields, on Eastshore Highway, and converting it to playing fields. 

Contact reporter at kurtis@berkeleydailyplanet.net

To the Editor: 

As a member of the Jewish peace camp, who knows that the Palestinians are the only potential peace partner, I’m glad to hear that a Palestinian leader came to Berkeley to talk about reforming his corrupt dictatorial regime. 

I just hope the words turn into action. 

We’ve been here before.  

After the Oslo accords in 1993, Israeli and American Jewish leadership successfully lobbied for the release of millions of dollars promised by Western governments to fund Arafat’s Palestinian Authority. Unfortunately, that money was diverted away from the people and local infrastructures that needed it; instead, it was pocketed by politicians, used to recruit suicide murderers and spent to promote hatred against Jews and Israel in schools and community centers. None of it was invested to create a popular foundation for peace, or to ease the misery of the poorest Palestinians. No wonder Arafat’s public is skeptical about the benefits of the peace process. 

Still I have to remain hopeful in the future good faith of the Palestinian leadership. Israel has no real alternative to the hope for prosperity among the Palestinian people, because that is the only long-term road to peace. So I embrace the Palestinians’ new public pronouncements about democracy and reform, and, to quote The Who, hope that "We Won’t Get Fooled Again.” 

-Mark Schickman 

Berkeley

Wednesday 

Baseball – Berkeley vs. Antioch (NCS playoff), 5 p.m. at Evans Diamond, Cal 

Friday 

Track & Field – NCS Meet of Champions qualifying, 1 p.m. at Edwards Stadium, Cal 

Sunday 

Track & Field – NCS Meet of Champions finals, 1 p.m. at Edwards Stadium, Cal

To the Editor: 

How long does it take to create Congressional legislation?  

Sometimes, it takes only a few months; often, years. Yet, just three days after 9/11, President Bush pushed a $15 billion airline bailout package through Congress.  

Now we learn that Bush was warned, at least as early as August, about Al Qaida's plans to hijack airplanes. And what did the White House do to prepare America for attack?  

They got legislation ready to transfer a fortune, “big time,” from our tax dollars to their corporate sponsors. 

Now, we also learn that this warning “represents a shift in the official version of events surrounding the attacks ...,” meaning that Bush looked straight at us and lied about what he knew prior to the attack, and what the administration was doing to protect us. This is a lie far more sinister than whether a previous president “knew that woman.” 

- Bruce Joffe 

Piedmont 

Desperate jury search 

SUNBURY, Pa. — Bread, milk, eggs ... and a court summons? 

Northumberland County was so desperate for female jurors that sheriff deputies subpoenaed dozens of women in grocery stores, gas stations and a high school. The sheriff even ordered his own wife and daughters to appear for jury duty. 

President Judge Robert Sacavage ordered Sheriff Charles Berkoski to round up 50 more women after a jury pool last week included some 140 men but only 10 women. 

Although there is no specific quota, court rules say juries must be representative of the community they serve. A predominantly male jury could open the door for defendants to appeal convictions, Sacavage said. 

So deputies approached women at stores, a fund-raiser and even Shikellamy High School, where mothers and daughters were preparing for the prom. Reluctant would-be jurors asked Wal-Mart employees if there was a back exit so they could avoid deputies, Berkoski said. 

The sheriff even looked to the women in his family. 

“I just said to my wife, ‘Congratulations! You’re on jury duty Monday.’ Hey, you have to be fair,” Berkoski said. “Of course, I’m probably not going to get any supper for two months.” 

Court administrator Larry Diorio said the gender imbalance was caused by a glitch in a computer program that generates random jury pools. He said the glitch will be corrected this week. 

Tossing the octopus  

DETROIT — Octopus tossing is a hallowed, if illicit, part of the playoff ritual for hockey’s Detroit Red Wings. 

On Tuesday night, the Wings’ sister team — the Detroit Tigers, which have the same owner — revived the custom in a promotion for the Red Wings. 

Before the Tigers’ baseball game against Cleveland at Comerica Park, the club staged a competition to see who could hurl an octopus the farthest. 

The winner, Tim Fogarty, won a limo ride to Joe Louis Arena, two tickets for Monday’s game between the Red Wings and the Colorado Avalanche and a Zamboni ride, the Detroit Free Press and The Detroit News said. 

The octopus has symbolized the Wings’ playoff runs since 1952, when a fan threw one on the ice during a game against Montreal. It used to take eight wins to capture the Stanley Cup; each of the octopus’s eight tentacles symbolized one victory. 

Today’s road to the Stanley Cup requires two octopuses — 16 victories. 

While the NHL officially frowns on tossing octopuses during games, the Red Wings have not been penalized for the practice. 

“Wings fans want to support their team in any way possible,” said Kevin Dean, an owner of Superior Fish in Royal Oak, Mich. He said the store normally sells three octopuses a day, “but during hockey season and especially now as the playoffs are getting deeper, we’re up to like 10 to 12.”  

To the Editor: 

I am writing to express disdain for the district attorney’s attempts to press on with charges against the arrested Students for Justice in Palestine. 

As a commission member, civic activist, and private citizen, I am aware of the occurrence of numerous serious crimes where Assistant District Attorney John Adams has made the decision not to file charges. It is unacceptable that the office of the DA remains so entirely out of step with the law enforcement priorities of our community, and it is also time that the district attorney be held accountable for the decision-making process that is used to concentrate public resources in filing and prosecuting cases. 

Many citizens are not aware of the arbitrary and subjective bottleneck that can exist in the office of a California district attorney: the DA functions autonomously and only answers to the desires of the community through the elective process. Complaints against the procedures and policies of the DA’s office will almost always fall on deaf ears at the California attorney general’s office because they hold fast to the notion that DA’s have to be sufficiently independent to reflect the priorities of a particular community. 

When the office of the district attorney uses that granted degree of autonomy to forward an agenda that is out of step with the desires of the community, the taxpayer community foots the bill. It is an educational exercise to sit down, pen in hand, and calculate what the law enforcement efforts surrounding the recent activism in Berkeley have cost the community in hard dollars; and then understand, almost intuitively, that criminal convictions for acts of political protest and civil disobedience in our community are not the results we desire from the very hard-earned tax money contributed by both businesses and individuals to our local law enforcement effort. 

Let’s not presume quite so much that our leaders know what they are doing; rather, we should watch the SJP proceedings with an eagle eye toward understanding just how well the district attorney, as well as the Superior Court, understand what expectations the great majority of Berkeley citizens have of them. Concentrating our criminal law enforcement resources on political protest and civil disobedience is, when reflected against the core values of our principled community, nothing less than a misuse of public funds. 

-Michael Minasian 

Berkeley 

BERKELEY — In a time of war, the University of California, Berkeley, is launching a center devoted to the study of inner peace. 

Funded by a $1 million gift, the Center for the Development of Peace and Well-being opened this month. The goal, says psychology professor Stephen Hinshaw, is to look at how people overcome conflict and adversity — rather than following the traditional model of studying people overwhelmed by them. 

“We’re very interested in how people achieve peace and well-being — not through a Pollyanna point of view, but through the act of coping with very real traumas,” said Hinshaw, who helped organize the center. 

Peace has been an elusive concept recently on campus, with students taking sides on the Middle East conflict. Pro-Palestinian demonstrators have held a number of rallies, including one that ended with marchers taking over a classroom building during midterms. Police arrested 79 protesters. 

The demonstrators say they’ve been treated harshly for going against what they perceive as a pro-Israeli bias by university administrators and the media. 

Meanwhile, Jewish students say they have been the target of verbal attacks and harassment. 

“Here we have a classic example — the atmosphere on campus is a direct reflection of the atmosphere in the world,” Hinshaw said Tuesday. “This is exactly the kind of issue the center needs to be dealing with.” 

Hinshaw doesn’t claim the center will be able to solve the problems of the Middle East. But he sees the conflict on campus as centered on personal relationships. 

“There has to be an atmosphere of open communication. When there’s censorship or where there’s exclusion, that models the conflict that’s going on in the Middle East. We need to find ways to have dialogue and in a safe way,” he said. 

The money for the center comes from Thomas and Ruth Ann Hornaday, who attended Berkeley in the early 1960s. Thomas Hornaday, a Phoenix developer, traces his interest in peace research to his World War II upbringing as the child of two parents who valued peace. In his opinion, “Inner peace is universally desirable, and the experience of it should be an inalienable right of every human being.” 

The center was planned long before the Sept. 11 terrorist attacks. 

“But I think we’ve seen since Sept. 11 people all across the country crying out for meaning and for a purpose in life and for ways of coping to combat the stark terror of attacks,” Hinshaw said. 

Do organizers worry the center will be stereotyped because it is located in a town that has a national reputation for navel-gazing? 

“Here we are at Berkeley, which has been the ‘touchy-feely’ capital for a while, and I don’t think we need to be defensive about it,” Hinshaw said. “I think we as a center need to be clear on what we’re doing, which is saying that the road to inner peace and well-being doesn’t neglect or doesn’t turn the other way from real conflict, real adversity. Surviving cancer, overcoming child abuse, ways of combating prejudice and stigma — all of these are topics under consideration for research at the center.” 

Hinshaw is a member of the center’s founding executive committee, along with Philip Cowan, director of Berkeley’s Institute of Human Development, and Dacher Keltner, an associate professor of psychology who is the center’s founding director. 

City Council 

Mayor Shirley Dean 

Phone: (510) 981-7100 

Linda Maio, District 1 

Phone: (510) 981-7110 

Margaret Breland, District 2 

Phone: (510) 981-7120 

Maudelle Shirek, District 3 

Phone: (510) 981-7130 

Dona Spring, District 4 

Phone: (510) 981-7140 

Miriam Hawley, District 5 

Phone: (510) 981-7150 

Betty Olds, District 6 

Phone: (510) 981-7160 

Kriss Worthington, District 7 

Phone: (510) 981-7170 

Polly Armstrong, District 8 

Phone: (510) 981-7180 

City of Berkeley 

2180 Milvia St. 

Berkeley, CA 94704 

e-mail addresses are: 

firstinitiallastname 

@ci.berkeley.ca.us 

(e.g. dspring@ci.berkeley.ca.us) 

School Board  

Shirley Issel, President 

Joaquin Rivera, Vice President 

Terry Doran, Director 

Ted Schultz, Director 

John Selawsky, Director 

Sarena Chandler, student director 

Berkeley Unified School District 

2134 Martin Luther King, Jr. Way 

Berkeley, CA 94704 

Voicemail: (510) 644-6550 

BoardofEd@berkeley.k12.ca.us 

County  

Representatives  

Keith Carson  

Board of Supervisors Dist. 5 

1221 Oak Street, Oakland, 94612  

272-6695  

dist5@co.alameda.ca.us  

Darryl Moore, Peralta Community College District, Area 4 

333 E. 8th St. 

Oakland, 94606 

466-7200 

DMoore@ci.berkeley.ca.us 

Jerome Wiggins, Alameda  

County Board of Education, Area 1 

313 W. Winton Ave 

Hayward, 94544-1198 

(510) 670-4145 

State  

Representatives  

Dion Aroner 

14th Assembly District 

918 Parker St., Suite A-13 

Berkeley, CA 94710 

Phone: (510) 540-3660 

State Capitol, Room 2163 

Sacramento, CA 95814 

Phone: (916) 319-2014 

dion.aroner@assembly.ca.gov 

Don Perata, 9th Senate District 

1515 Clay St., Suite 2202 

Oakland, CA 94612 

Phone: (510) 286-1333 

State Capitol, Room 4061 

Sacramento, CA 95814 

Phone: (916) 445-6577 

senator.perata@sen.ca.gov

BERKELEY — A Berkeley group concerned about a recent rash of racially-motivated hate crimes in the city honored Mayor Shirley Dean Tuesday for her efforts to bring the crimes to a quick halt. 

The Berkeley Task Force Fighting Hate Crimes was formed recently by residents responding to several incidents in the city targeting the Jewish, Hispanic, gay and black communities. 

In March, someone threw a brick through the front glass window of the Berkeley Hillel on Bancroft Way, just a couple of days before someone wrote an expletive targeting Jews at the center. 

Also that month, Hispanic organizations throughout the Bay Area — including several in Berkeley — received disparaging letters that contained anthrax threats, while the words “kill gays and blacks’’ were spray-painted on the side of a building. 

On April 4, the phrase “Kill Jews’’ was spray-painted on the side of a Sixth Street building, and the phrase “Palestinian blood on our hands’’ was found scrawled on a sidewalk. 

Soon after, Dean spoke out about the offensive acts and ordered all of the offending graffiti cleaned. She proposed that the city develop a comprehensive program to address hate crimes, focusing on prosecution and prevention. 

Dean asked that the Anti-Defamation League be enlisted to train police officers on all of aspects of hate crimes, and that certain officers be assigned to investigate hate crimes as their main priority. 

Dean also asked the city manager to take inventory of all hate crimes in the city and to compile a database of the incidents. 

“Without a clear expression of our community’s disgust at these aggressive and anonymous expressions of hate, and a rededication of the city’s available resources to exposing, preventing and eliminating them, we have abdicated our responsibility to protect the basic freedoms of all our residents,’’ Dean said. “What hurts one individual hurts us all.’’ 

Avi Rosenfeld, a coordinator with the anti-hate task force, said the mayor was the first public official to not only talk about the issue of hate crimes, but to propose specific actions to combat them. 

“She was the only person in public life to take official notice and to very clearly say how intolerable it is and how this problem has been addressed,’’ Rosenfeld said. 

For her actions, the group presented the mayor with an anti-hate button today and expressed appreciation for her response. 

“It was horrifying that in our Berkeley, the social fabric is being torn apart, and that what we consider the paradigm of a tolerant and pluralistic society is being torn down,’’ Rosenfeld said. 

Rosenfeld says the fledgling task force wants to help educate the public about the dangers of hate. The group is also considering whether it should press forward with plans to create a police crime unit in the city. 

Rosenfeld said the group is in the process of collecting data on hate crimes to see if such a unit would be beneficial to Berkeley. 

The group has a Web site at http://groups.yahoo.com/ group/fighthatecrimeberkeley.

SAN FRANCISCO — Developers who want a piece of a one-time military oasis may find themselves squeezed under a new plan for San Francisco’s last sprawl of prime real estate. 

The document lays out how the Presidio, a national park on a decommissioned Army base, plans to break even without selling out the property’s wraparound views of the Golden Gate Bridge and trails that arch through eucalyptus groves. 

Congress has mandated that the Presidio be economically self sufficient by 2013. 

Freshly turned mounds of dirt at the eastern gate show development is already underway. Lucasfilm Ltd. is building a 23-acre office and film production facility there for 2,500 workers. 

But Presidio officials insist their new vision constrains development. 

The 2,500-page plan was unveiled Tuesday, hours before Presidio officials scheduled a public comment session that was sure to generate a storm of opinions. 

In all, the plan would more than triple the employment base to 6,890 workers and add about 1,500 people to the current 2,250 residents. 

But open space would rise by 99 acres from the current 695 acres. And the total building space would fall from nearly 6 million square feet to 5.6 million square feet. 

The document updates a draft version Presidio officials released last summer. It tries to reconcile thousands of public comments from all 50 states — save North Dakota — that ranged from building an RV park to letting the space drift back to the sand dunes that Spanish soldiers first settled in 1776. 

“The public said, ’It’s a park, stupid,”’ said Craig Middleton, executive director of the Presidio Trust, which manages 1,168 acres of Presidio land. “If you really read the plan, you’ll recognize that the goal is to preserve the Presidio.” 

The best way to preserve it, Middleton said, is to occupy its barracks, warehouses, gymnasiums and commissary with tenants who will finance renovations and upkeep. 

In all, the plan expects the total investment to reach $588 million by 2030. 

Prior Presidio plans have drawn fire from preservationists, along with complaints that the trust ignores public input. The trust’s former executive director resigned in December amid allegations of financial mismanagement. 

Environmental groups have offered alternate plans for the space. 

“In some ways they may have been responsive,” said Donald Green, a member of the Presidio Committee of the Sierra Club who stressed that he has only heard sketch details of the plan. “It’s very important to the public that the Presidio have institutions that contribute to world peace, security and the environment.” 

Trust officials stressed their mandate to develop a series of public-use destinations. 

One example, Middleton said, is a plan to develop an exhibit at Building 640 — a nondescript corrugated metal warehouse where Japanese-Americans helped crack the Japanese code during World War II. Not far away, Middleton said, American commanders gave the order to ship more than 100,000 Japanese Americans to internment camps.

SACRAMENTO — A constitutional amendment to bolster California’s open government requirements passed its first test Tuesday, but supporters said it was still only a “semi-work in progress” that would be reshaped as it moves through the Legislature. 

“There’s some work left to be done on this important bill,” Tom Newton, general counsel for the California Newspaper Publishers Association, said before the Senate Governmental Organization Committee approved the amendment, 8-0. 

The measure, by Senate President Pro Tem John Burton, D-San Francisco, would put into the constitution the stipulation that the public has a fundamental right to attend government meetings and inspect government records, with some exceptions. 

California has a series of open government laws already on the books, but supporters of the amendment say those statutes have been eroded over the years by court decisions and efforts by government officials to block access to records. 

Putting an open records, open meeting requirement in the constitution will strengthen those protections, they say. 

Among other things, amendment supporters cite state Supreme Court decisions that allow: 

— Public officials to withhold documents showing how they reached — and who influenced — their decisions. 

— Lower courts to bar future violations of open meeting laws but not to find that a previous meeting violated those requirements. Critics say the ruling weakens citizens’ ability to reverse decisions made during illegally closed meetings. 

“Specific decisions, we believe, have put a kind of body blow on the Public Records Act,” said Mel Opotowsky, former managing editor of The Press-Enterprise of Riverside. 

Opponents said the amendment was too loosely drafted and would jeopardize current exceptions to open records and open meeting requirements. 

“We’re thinking this is going to open the door to a lot of litigation, that every exemption is going to be challenged in a court of law,” said Amy Brown, a lobbyist for the League of California Cities. 

William Brieger, a representative of the attorney general’s office, said efforts to protect the names of crime witnesses or keep private conversations with a priest or rape counselor could be blocked by the amendment. 

“Reading the measure that’s currently drafted, it’s not clear what can be withheld at all,” he said. 

Lenny Goldberg, a lobbyist for the Privacy Rights Clearing House, suggested the Legislature should consider strengthening current open government laws instead of amending the constitution. 

“We have questions as to when you start getting to this level of detail why this should be a constitutional amendment,” he said. 

Opotowsky said the amendment would allow the Legislature to enact exceptions. “This is not something that is Ice Age freezing things as they are right now,” he said. 

The vote sent the measure to the Constitutional Amendments Committee.

SACRAMENTO — California grid officials asked state energy traders to buy unnecessary power at above-market rates, which the state later had to sell at a loss, a senator investigating California’s energy market said Tuesday. 

Sen. Joe Dunn, D-Santa Ana, said the transaction amounts to the Independent System Operator manipulating the state’s energy market and he called for the resignation of ISO chief Terry Winter. 

In a transcript of a telephone call between the ISO and the state’s energy traders at the Department of Water Resources last November, ISO officials asked the state to buy more power than they need. 

Federal regulators had required generators to keep their plants operating at a minimum level, but ISO officials were concerned that some generators weren’t obeying that order, Dunn said. 

To compensate for that, the ISO asked DWR to schedule “fictitious load” to make it seem as if more energy was needed, said Dunn, chairman of the Senate Select Committee to Investigate Price Manipulation of the Wholesale Energy Market. 

Gregg Fishman, spokesman for the ISO, said officials there were investigating the transaction, but “they represent what appears to be standard industry practice.” 

The ISO is in a different situation than energy marketers and generators who have been accused of manipulating the state’s power market to increase profits, said Michael Kahn, chairman of ISO Board of Governors. 

“Our only job is to get reliability to this system at the least possible cost,” Kahn said. “Our activities were to ensure reliability.” 

Dunn said ISO asked the state to schedule these transactions on numerous occasions. He couldn’t say how much the state lost on those transactions. 

He said if the ISO was having problems with generators not responding to the Federal Energy Regulatory Commission’s order, officials there should have made an emergency filing with the commission, not “adopted counter strategies.” 

An ISO resources coordinator was fired in April for contacting Enron in an attempt to influence bid prices offered in California’s electricity markets. 

ISO officials said the employee called the Enron trader last July 3 from the ISO control room. The conversation was recorded by Enron and a transcript was supplied to Dunn. 

SACRAMENTO — The legislative committee investigating a $95 million no-bid software contract asked for permission Tuesday to subpoena five top Oracle Corp. officials to testify. 

Assemblyman Dean Florez, D-Shafter, the chairman of the Joint Legislative Audit Committee, requested subpoenas for five Oracle employees involved in the negotiation of the contract, including Richard Polanco, Jr., the son of state Sen. Richard Polanco, D-Los Angeles. 

The Joint Rules Committee heard testimony from Florez and an Oracle representative Tuesday. The 22-member committee has until Wednesday to complete the vote. If approved, the subpoenas could be issued as soon as next week, said an aide to Florez. 

Oracle lobbyist Jeffrey Leacox told the Rules Committee that the company would make those employees available for Florez’ staff to interview, but not for hearings. 

In a letter to the committee, Oracle Vice President Kenneth Glueck asked to instead send the senior executive responsible for the transaction. 

The audit committee began questioning some of the governor’s top aides Tuesday about the contract. The deal was billed as a way for the state to save at least $16 million — and potentially tens of millions more — through volume purchases and maintenance of database software. 

But the state auditor said last month the contract could end up costing the state up to $41 million more than if it had kept its previous software supply arrangements, a conclusion Oracle disputes. 

Three state departments — the Department of Finance, the Department of Information Technology and the Department of General Services — signed off on the contract May 31, 2001. The auditor said none of the departments had done an independent analysis of the project’s savings estimates, but relied on numbers provided by the vendor. 

Aileen Adams, secretary of the State and Consumer Services Agency, the agency that oversees DGS, told the committee Tuesday that she understood that DOIT Director Elias Cortez had reviewed the figures. 

DOIT was the “engine driving the Oracle train,” Adams said. “Mr. Cortez indicated to me that he had checked out the numbers. I believed that this was a project being overseen by DOIT.” 

At a meeting on May 30, the day before the deadline for signing the contract, Adams requested additional that Finance officials conduct a financial review of the proposal, she told the committee. 

Adams said she explicitly told DGS Director Barry Keene that “he couldn’t move forward with it until it had Finance’s approval.” 

Keene resigned in April, while Cortez has been suspended by Gov. Gray Davis. 

Davis issued an executive order Monday requiring competitive bidding on most state contracts worth at least $100,000. 

Davis also said he would sign a bill he vetoed in 1999 banning technology consultants from advising the state on computer contracts and then bidding on the same contracts. 

Associated Press Writer Steve Lawrence contributed to this report. 

University of California officials are concerned about Gov. Gray Davis’s proposal to slash $118 million in funding for the system, but acknowledge that the university fared relatively well in the context of a nearly $24 billion budget shortfall. 

“The proposed reductions are, of course, very disappointing,” said Larry Hershman, UC vice president for budget. “(But) the state is facing an extremely serious budget problem, and we know that the university must play a role in the solution.” 

The effect of the proposed cuts on UC Berkeley is unclear, since the reductions affect system-wide programs. But UC spokesman Brad Hayward said Berkeley would be affected if Davis’s plan passes. 

“I’m sure every campus will feel the cuts,” Hayward said. 

“It’s painful whenever you have to reduce your investment in higher education,” acknowledged Sandy Harrison, spokesman for Davis’s Department of Finance. But he argued that the governor made the best choices available given the need for cuts. 

In his initial January budget, when the budget picture looked far better, Davis proposed cuts in some UC programs, but called for an overall hike of more than $40 million in the UC budget next year. His May revision, released Tuesday, proposes a $162 million reduction from the January proposal.  

The net loss, said Hayward, would be $118 million, reducing state funding for the UC system from $3.3 billion this year to $3.2 billion next year. State funding accounts for about one-quarter of the UC budget, he said. 

Some of the cuts Davis proposed in his May revision include: 

• A $32 million, or 10 percent, reduction in state funding for research programs. 

• A $28.4 million cut in funding for K-12 outreach programs, which comes on top of a $4.2 million cut proposed in January. 

• Over $62 million in cuts to K-12 professional development programs, including a complete elimination of state funding for a series of “professional development institutes.” 

• A one-time cut of $29 million from the university’s $150 million budget for equipment, library materials, deferred maintenance and instructional technology. 

• A $5.2 million cut, in addition to $4.8 million in reductions earlier this year, to a UC program that establishes high-speed Internet connections in K-12 schools. 

The May revision does add $5.4 million to the $63.8 million Davis offered in January to account for projected enrollment growth of 7,700 students system-wide. And for the eighth straight year, the governor’s budget avoids student fee hikes. 

“That’s a huge victory,” said Josh Fryday, vice president of external affairs for the UC Berkeley student body, referring to the Davis decision on student fees. Fryday said he will lobby the legislature to abide by the governor’s recommendation. 

Hayward said the cuts to K-12 outreach programs, designed to prepare more students for the rigors of the UC system, will reduce state funding by 40 percent. But the spin-off effects could be far worse, he warned.  

According to Hayward, private and federal sources of funding, which make up about half the budget for the outreach programs, often come in the form of matching grants. If the state funding disappears, he said, the other sources will dry up as well. 

“It will be very difficult for these programs to continue without state funding,” he said. 

The picture is rosier for the professional development programs, Hayward said. The Davis administration is counting on millions in federal funds, recently approved through President Bush’s “No Child Left Behind” legislation, to make up for the proposed cuts. 

But Sana Nagar, fiscal and policy analyst for the Legislative Analyst’s Office, which advises the state legislature, said there are restrictions on the federal dollars that could prevent the Davis plan from coming to fruition. The money can only be used to supplement state funding not replace it altogether, as the governor proposes for the UC-run professional development institutes, she said. 

“This could be a problem if it’s seen by the feds as a substitution,” she said. 

Still, the legislature may be able to get around federal restrictions if it structures the cuts properly, Nagar said. 

The Davis proposal would give UC the authority to determine where, exactly, it would make cuts in its research budget. But Hayward said the university will not even contemplate the issue until the legislature considers the Davis proposal and actually passes a budget. 

In the coming weeks UC officials “will make the best possible case for the university,” Hayward said, seeking to avoid cuts. 

But, given that health and human services and county governments took far more substantial hits in the Davis proposal, the chances for significant restoration of UC funding seem slim. 

Hans Hemann, legislative director for State Assemblywoman Dion Aroner, D-Berkeley, said Aroner is concerned about the UC cuts but will have to prioritize areas for savings. 

“In comparison to what they did to health and human services, these cuts are minor in the overall scheme of things,” he said.

Today is Tuesday, May 21, the 141st day of 2002. There are 224 days left in the year. 

Highlight: 

On May 21, 1927, Charles A. Lindbergh landed his Spirit of St. Louis near Paris, completing the first solo airplane flight across the Atlantic Ocean. 

On this date: 

In 1542, Spanish explorer Hernando de Soto died while searching for gold along the Mississippi River. 

In 1881, Clara Barton founded the American Red Cross. 

In 1924, 14-year-old Bobby Franks was murdered in a “thrill killing” committed by Nathan Leopold Jr. and Richard Loeb, two students at the University of Chicago. 

In 1956, the United States exploded the first airborne hydrogen bomb over Bikini Atoll in the Pacific. 

In 1968, the nuclear-powered U.S. submarine Scorpion, with 99 men aboard, was last heard from. (The remains of the sub were later found on the ocean floor 400 miles southwest of the Azores.) 

In 1991, former Indian Prime Minister Rajiv Gandhi was assassinated during national elections by a suicide bomber. 

Ten years ago:  

The Coast Guard announced that high-seas interdiction of Haitian refugees was being drastically scaled back because refugee camps at the U.S. naval base at Guantanamo, Cuba, were filled. 

Five years ago:  

Prosecutors at the Oklahoma City bombing trial of Timothy McVeigh rested their case. The space shuttle Atlantis undocked from the Russian Mir space station. 

One year ago:  

The Mitchell Report on Mideast violence called on Palestinians to jail terrorists and Israel to freeze settlement activity. Cardinals from around the world gathered at the Vatican for a three-day meeting to ponder the challenges facing the Roman Catholic Church and who might lead it after Pope John Paul II. The Supreme Court ruled, six-to-three, that a radio host cannot be sued for airing a phone conversation taped illegally by a third party. 

Today’s Birthdays:  

Actress Jeanne Bates (“Ben Casey”) is 84. Actor David Groh is 63. Rhythm-and-blues singer Ron Isley (The Isley Brothers) is 61. Actor Richard Hatch (“Battlestar Galactica”) is 57. Musician Bill Champlin (Chicago) is 55. Singer Leo Sayer is 54. Actress Carol Potter is 54. Actor Mr. T is 50. Music producer Stan Lynch is 47. Actor Judge Reinhold is 45. Actor-director Nick Cassavetes is 43. Actor Brent Briscoe is 41. Jazz musician Christian McBride is 30. Actress Fairuza Balk is 28. Rapper Havoc (Mobb Deep) is 28. Actress Ashlie Brillault (“Lizzie McGuire”) is 15. Actor Scott Leavenworth (“Philly”) is 12. 

- The Associated Press 

To the Editor: 

We recently read of hundreds of children and teachers trekking to Sacramento to plead for no reduction in educational funding at this time of a supposed state budget deficit. I’m sure the prison guard union didn’t have to send busloads [of demonstrators] to get increased prison construction funding. I’ll bet a couple of representatives were more than enough to gain access to key decision makers because California nationally ranks no. 1 in prison construction funding and 43 in funding for education. If this ratio were turned around, all school children might have toilet paper in school bathrooms, up-to-date textbooks, computer hook-ups, and perhaps even art supplies. If this ratio — a bona fide punitive misplacement of priorities if ever there were one — were reversed, we might even have specialized public schools for music, art, and science, as has New York City. 

Since children are now involved, they and their parents, together with teachers, must make the connection between the 1-to-43 ratio and demand a huge cut in prison construction funding, and having those millions go to education instead. Children, parents, and teachers have to do it because our state representatives aren’t. 

The bottom line is our future, dotted with either prisons or well-equipped, well-designed schools. 

- Maris Arnold 

Berkeley

“Playing Our Roots” 

A Cross-Generational play based on personal interviews with senior citizens, presented by the Teen Program of the Berkeley Richmond JCC. 

Friday, May 31; Saturday, June 1; Saturday, June 8; and Sunday, 9. All show times are 7:30 p.m. except Sunday, June 9 at 3 p.m. 

Berkeley Richmond JCC Auditorium 

1414 Walnut Street 

$5 per person, (no one turned away) 

“What Cats Know”  

by Lisa Dilman 

Directed by Rebecca J. Ennals. Four thirty-somethings play a game of gotcha with unexpected consequences.  

Saturday, May 4th-June 9th 

Thursdays- Saturdays 8 p.m. $20, 

Sundays 7 p.m.- Pay what you can 

Transparent Theater 

1901 Ashby Avenue 

510-883-0305 

www.transparenttheater.org 

“Love Is The Law” 

La Val’s Subterranean Theatre 

The world-premiere of Impact Theatre’s new romantic comedy play featuring David Ballog. 

For more information and reservations: 510-464-4468, www.tickets@impacttheatre.com 

$12 general, $7 students  

“Time Out for Ginger”  

May 10 through Jun. 1: The Actor’s Studio presents the famous comedy that sketches the tumult in a family that includes three teenage daughters, one of whom insists on trying out for her high school football team. $12. Check theater from dates and times. The Actor’s Studio’s Little Theatre, 3521 Maybelle Ave., Oakland 

“Homebody/Kabul”  

Apr. 24 - June 23: Berkeley Repertory Theatre presents Tony Kushner’s play about a women who disappears in Afghanistan and the husband and daughter’s attempts to find her. $38-$54. Call ahead for times, 647-2949, www.berkeleyrep.org.  

“Murder Dressed in Satin”  

by Victor Lawhorn, ongoing. A mystery-comedy dinner show at The Madison about a murder at the home of Satin Moray, a club owner and self-proclaimed socialite with a scarlet past. Dinner is included in the price of the theater ticket. $47.50 Lake Merritt Hotel, 1800 Madison St., Oakland, 239-2252, www.acteva.com/go/havefun. 

Berkeley Opera presents: 

Vivian Fine’s “The Woman in the Garden” 

One of America’s most highly regarded composers, Vivian Fine, has crafted a libretto from the writing of four women artists; Emily Dickinson, Isadora Duncan, Gertrude Stein and Virginia Woolf. Solos, duets, trios, and quartets express these innovative, non-conforming rebels, individual musings and struggles, revealing both social isolation and spiritual community of their artistic lives. Singers are supported by a nine-piece chamber ensemble 

May 23 - May 25, 8 p.m. 

Hillside Club 

2286 Cedar (at Arch St.) 

$30 General, $25 Senior, $15 Youth and Handicapped, $10 Student Rush 

Charge by phone: 925-798-1300 

Information: 510-841-1903, www.berkeleyopera.com 

Berkeley Arts Magnet Presents: 

“The Lion King” 

May 30, 31 and June 4, 5 at 7 p.m. 

Whittier Arts Magnet Auditorium 

1645 Milvia (between Lincoln & Virginia) 

527-8369, lionking@profacto.com 

Reserved seating recommended. 

Free 

First Presbyterian Church of Berkeley  

presents: 

“Cotton Patch Gospel” 

This bluegrass gospel musical brings the story of Jesus to life in the 20th-century American South. 

June 7,8,14, & 15, 8 p.m. 

2407 Dana St. at Channing Way 

848-6242

Monday, May 20

Build Your Dream-House for a Song 

(and own it free & clear in 5 years), author David Cook. 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Berkeley Gray Panthers 

Home owners meeting. Chuck Durrett of Co-Housing tells about his program. All welcome. 

3 p.m. 

Berkeley Gray Panthers office 

1403 Addison St. (behind Andronico’s on University) 

548-9696 

Tuesday, May 21

Fibromyalgia Support Group 

Herbal Alternatives and Drug Interactions for Fibromyalgia 

Noon to 2 p.m. 

Alta Bates Medical Center, Maffly Auditorium - Herrick Campus 

2001 Dwight Way 

644-3273 

Free 

The Art of Practice with Tom Heimberg 

Violinist with the SF Opera, Tom offers an overview that applies to all instruments. 

Musicians Union Local 6 

116 Ninth St. at Mission 

San Francisco 

415-575-0777 

$10 and free to local 6 members 

Strawberry Tasting 

Tasting & cooking demonstrations 

Berkeley Farmers’ Market 

10 a.m. to 3 p.m. 

Derby Street at Martin Luther King, Jr. Way  

Free 

Arthritis Month Special 

Herbal alternatives & drug interactions for Fibromyalgia. Dr. Anita Marshall, Pharm.D., l.Ac 

12 to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

for more info: 644-3273 

Wednesday, May 22

Healthful Building materials 

Seminar by Darrel DeBoer 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Thursday, May 23

Secrets of Search Engine Marketing 

A workshop held by The Sustainable Business Alliance 

8:30 to 11:30 a.m. 

Holiday Inn Express 

1175 University Avenue 

451-4001 

Senior Men’s Afternoon 

Gay senior men discussion group, 2nd & 4th Thursdays. 

Pacific Center 

2712 Telegraph Ave. 

510-548-8283  

Free 

Fishbowl: “Everything you always wanted to know about the opposite sex but were afraid to ask” An opportunity to ask anonymous questions in a confidential and supportive environment. 

7:30 to 9:30 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut St., Berkeley 

510-848-0237 X 127 

$8-$10 

Attic Conversions 

Seminar by architect Andus Brandt 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Friday, May 24

Fiddle Down the FBI! 

Rally to Commemorate the 12th Anniversary of the car bombing of Judi Bari and Darryl Cherney and Celebrate the end of their federal civil rights trial against the FBI and Oakland Police Department. 

Noon 

Oakland Federal Building 

13th and Clay St., near 12th St BART stop 

Bring musical instruments 

663-6330, www.judibari.org 

Cherokee Artist: John Balloue 

paintings depict scenes from historic & contemporary Cherokee history, as well as pow-wow and spiritual images. 

Gathering Tribes 

1573 Solano Ave. 

528-9038 or www.gatheringtribes.com 

Saturday, May 25

Word Beat Reading Series 

All kinds of entertainers come together. Featuring Kera Abraham and Ruth Levitan 

7-9 p.m. 

458 Perkins at Grand, Oakland 

Free 

Alice Waters “Chez Panisse Fruit” book signing 

10 a.m. to 3 p.m. 

Berkeley Farmers’ Market 

Center Street at Martin Luther King, Jr. Way 

Children’s Movies 

Pinnochio (in English) 

Shows at noon & 2 p.m. 

The Actor’s Studio 

3521 Maybelle Ave. 

Oakland 

510-530-0551 

$3 

6th Annual Sidewalk Chalk Art Festival 

Everyone’s welcome to participate in covering Solono’s sidewalks with chalk art. Featuring refreshments and entertainment. Artist’s chalk and a Polaroid of the finished work are available for a fee. To encourage early registration, a raffle for merchandise by local business will be held for the artists at noon.  

Registration at Peralta Park, 9 a.m. - 5 p.m., 1561 Solano Ave. Berkeley. 

For more information: 510-527-5358, www.solanoave.org. 

Free 

Cain & Abel- 1st Annual Stop the Violence Gospel Festival 

In Memory of Children Killed by Senseless Violence 

St. Andrews Baptist Church Gospel Choir, Family in Unity Gospel Choir, Our lady of Lourdes’ Men Gospel Choir, Lorrain Taylor, Michael Nelson, Praise Dancers, Testimonials, Display of Homicide Quilt, presentation by Students of Malcolm X Academy, Sermon by Rev. Ishmael Burch Jr., LeDoursey’s “Gone But Not Forgotten” Sky, Ronald DeVoyce Blackburn’s From-the-Cradle-to-the- Grave memorial candles, The Homicide Names Banner and Holman “Bob” Turner’s photographs of parents at the graveside or location where their child was killed. 

Noon- 6 p.m. 

St. Andrews Baptist Church 

2565 Post Street (at Lyon) 

San Francisco 

415- 292-5157 or 415-346-6500 

Free- contributions and donations appreciated 

Saturday & Sunday, May 25 & 26

19th Annual Himalayan Fair 

Outdoor celebration of the great Mountain Cultures! Authentic Himalayan Art, craft, Music & Dance, exotic food & stage entertainment. Benefits Himalayan Grassroots projects. 

Sat. 10-7, Sun. 10-5:30 

Live Oak Park 

Shattuck & Berryman 

$5-$7 Donation 

Saturday through Monday, May 25-27

Chocolate & Chalk Art Festival 

Chalking takes place on Saturday only. Viewing the artwork all week end. 

Chocolate Festival begins by picking up a chocolate menu from business on Solano Ave. flying a festival banner. Chocolates are available for purchase from merchants as you stroll. Professor Gizmo, a one-man -band on Saturday from 2-4 at Peralta park and Berkeley Police operation Kid-print will be set up for finger printing your kids to keep in a file at home. Dog Fashion Show on Sunday at Solano & Key Route at 2 p.m., all animals must pre-register at 236-0588. Pet adoptions in Peralta Park 11:30-2:30 p.m., Sunday. Solano Avenue Gift Certificate Raffle anytime from May 22-29. Winner drawn May 29. 

The entire length of Solano Avenue, Berkeley & Albany 

Sunday, May 26

Prayer to Shakyamuni Buddha 

A traditional prayer and meditation  

6 p.m. 

Tibetan Nyingma Institute 

1815 Highland Place 

843-6812 

Free

The Berkeley High Yellowjacket track & field team, traditionally a laggard in the distance running events, leaned heavily this season on an uncharacteristically strong distance team. Leading the pack: 17-year-old sophomore Alex Enscoe, 2002 ACCAL champion in the 1,600 and 3,200 meters. 

Enscoe is fast. Personal records of 4:25 in the 1,600 and 9:51 in the 3,200 can properly be described as “blazing.” Which is unsurprising once you hear of Enscoe’s pre-race routine. Before burning up the track, Enscoe routinely plays with fire. 

“Recently I’ve been juggling for a pre-race ritual,” says Enscoe. “Torches. I do it at home before (the race).” 

Enscoe, who was also the ACCAL cross-country champion last fall, is a self-taught juggler. Balls, clubs, and yes, torches. Fittingly, he does a good deal of his distance training on the fire trails in Berkeley above Strawberry Canyon. 

Enscoe’s 4:25 personal record in the 1,600 was set Saturday at the North Coast Section Bayshore Regional meet. Enscoe finished third, qualifying easily for next weekend’s NCS Meet of Champions at UC Berkeley – and he likes his chances. 

“It was fun,” said Enscoe. “I pretty much did everything I wanted to do today. It was motivating to get third place - I only needed seventh to qualify.”” 

Berkeley distance coach (and also cross-country coach) Dave Goodrich points to Enscoe, along with sophomore Nic Reily and senior Scott Monash, as the keys to Berkeley’s distance resurgence.  

“We had a strong group of distance runners and we did well,” says Goodrich. “I don’t want to say we carried the team, but we did have a strong group, and Alex was a big part of that.” 

“He’s a great kid - real coachable, does whatever you want him to do, and then asks to do more - I have to hold him back more than anything on most days.” 

Enscoe is proud of the role the distance runners played in Berkeley’s success this year. 

“We’ve been able to make a better contribution - we’ve been getting a lot more people to be more serious about it.” 

And he attributes much of Berkeley’s new success to Goodrich, who was pressed into service this year when the Berkeley distance runners found themselves coachless. 

“I saw these kids working out in the afternoon and they really didn’t have a coach,” says Goodrich, “so I volunteered to do it.” 

“I wouldn’t call last year’s team weak, they were just young, and inexperienced. They’ve developed a lot - I don’t know if it’s just enthusiasm or what, but they’ve definitely come a long way this year.” 

For whatever reason, Goodrich seems to be getting more out of this year’s distance crop than Berkeley has seen in recent memory. At a meet late this year, he put Enscoe to the test by throwing him into two events that he never runs in competition – the 800 and the 4 by 400 relay. 

“In the 800 his PR was 2:11, and he ran a 2:01. He PR’d by about 10 seconds, that shows his improvement over the year. He also came back that day and ran a leg of the 4 by 4 and ran a 53 (seconds) - his PR before that was 60,” Goodrich says. 

Enscoe approves. 

“I think he’s helped a lot as far as getting people involved and doing the right training and stuff,” says Enscoe. “It’s good to have a coach who knows what he should be doing at all times. I think the program will keep improving the next few years.” 

As will Enscoe. Only a sophomore, Enscoe isn’t thinking much about the future but the promise is bright for both Enscoe and the Berkeley team. 

“Right now I think I’m going to keep running and playing music (Enscoe is also a guitarist) as long as I can - I don’t know what else. I’d like to run in college, and I’d like to play music for my whole life.” 

A college career in running seems all but assured for a multiple ACCAL champion who is still just a sophomore. As for the guitar playing, that will depend on Enscoe’s continued ability to catch those torches cool-side down.

A year-old spat that some say is as much about politics as it is about pain is scheduled to be heard in court this week. 

Former Berkeley resident Barbara George is pressing a case against political foe and Planning Commissioner Gordon Wozniak for injuries she incurred when Wozniak allegedly kicked a chair that struck her chair during a heated meeting of the city’s Environmental Sampling Project Task Force in March, 2001. 

Wozniak, who has announced his intentions to run for City Council this November, has portrayed last year’s incident as an accident. He says he “shifted his position,” and a chair in front of him fell forward. 

On Thursday, a small claims court judge is expected to decide the merit of George’s $5,000 suit against the commissioner for medical bills, pain and suffering resulting from back injuries. 

“I do think [his actions] were intentional,” George said on Monday. “He hurt me... He should have been more in control of himself.” 

George filed her suit just weeks before the one-year statute of limitations expired. She said her delayed March 7, 2002 filing was the result of her busy work schedule, personal finances, and some anxieties about taking the case to court. 

“I didn’t feel I could let it go in the end,” she said. 

Wozniak tells a different story and said, last week, that eyewitnesses to the 2001 incident would affirm his innocence in court Thursday. 

Though he didn’t want to discuss details prior to the court date, Wozniak said that George’s late filing of the suit might be politically motivated. 

The well-known ideological differences between the two surfaced at last year’s infamous meeting, during a public comment period on the Lawrence Berkeley National Laboratory and its monitoring of controversial tritium emissions. 

George was critical of the lab’s release of tritium, a radioactive isotope that has been known to cause cancer. Wozniak is a senior scientist at the lab. 

According to several witnesses at last year’s meeting, George’s injury followed a vocal protest she made against a lab official. After snubbing requests for her to be quiet, Wozniak, seated two rows behind George, allegedly kicked a metal folding chair which struck the back of George’s chair. 

A police report filed on the night of the meeting cites contradictory testimony by witnesses as to whether the incident was intentional or accidental. 

George said that after the incident she drove herself to Alta Bates/Summit Medical Center where she was treated for bruising and muscle spasms and then released. 

Wozniak was issued a citation by police. 

Another factor prompting George to pursue a lawsuit against Wozniak, she said, was his stated ambition to run for City Council. 

“When I heard the news that he was running for City Council, I realized that this guy shouldn’t be running anything,” George said. “He’s really a violent man.” 

Wozniak is looking to replace Councilmember Polly Armstrong, who has said she will not run for another term in District 8. 

Enron castaways  

bare all in ‘Playgirl’ 

HOUSTON — They’ve already lost their shirts to Enron Corp. Now they’re doing the same for Playgirl Magazine. 

Five former Enron employees went before Playgirl’s cameras Sunday for a daylong photo shoot for an issue due in stores in October. 

The issue will feature profiles of the men and their experiences with the former energy giant, which filed for bankruptcy in December after questions about the company’s accounting practices surfaced. 

“Enron made me bare it all,” said Mark Zebrowitz, who worked as a production manager for Enron Oil & Gas in India. “That’s all they left me with.” 

In return for the men’s willingness to show off what normally stays under wraps, Playgirl offered “more money than they made on their stock options,” magazine editor Michele Zipp said. 

Playgirl’s offer came April 1, a week after Playboy Magazine invited current and former female workers to pose for a “Women of Enron” issue. 

About three dozen men applied. The magazine narrowed its options to five. 

“We thought, ’Why not help these guys who were down on their luck try something different for a career, even if it is a day of fun,”’ Zipp said. 

Surprise – prom date changed 

LOS ANGELES — “Please don’t hang up! This is an urgent message.” 

The automated phone call from the Garfield High School senior class president alerted classmates last week that the prom was not happening Saturday night. 

It’s being held June 1 instead. 

The mix-up sent hundreds of students at the East Los Angeles school scrambling to reschedule hair appointments and tuxedo and limo rentals. 

Nearly 300 angry students showed up at a meeting of senior class officers after learning about the problem. 

“It was like a peasant uprising,” said senior Sylvia Torres, 17. “They were all talking at the same time.” 

It seems the confusion about the biggest social event of the year was the result of miscommunication between school administrators and the Long Beach Hilton. 

Assistant Principal Peter Luevano said he thought a signed contract with the hotel stating the prom would be held June 1 had been changed to May 18 after he made the request over the phone last fall. 

But the hotel’s director of catering, Ross Gagnon, said the hotel had no record of any such conversation. For a year, the hotel has been booked on May 18 for a different prom. 

School administrators have called limo companies and tuxedo rental shops to alert them to the changes. 

“No one has refused to hold the rentals,” said Assistant Principal Richard Bin. 

Not all students are furious. Some say they’re grateful for the delay. 

“My dress isn’t even done yet,” said 18-year-old Silvia Ramos. 

Wanted: Lewis & Clark 

BLAIR, Neb. — Listen up, Lewises and Clarks. A parade celebrating the bicentennial of the Lewis & Clark expedition is in need of participants. 

Jim Morely is trying to get as many people with the same last name as famed explorers Meriwether Lewis and William Clark as he can to sign up for a parade in Blair on June 15. 

The parade is a kickoff to Nebraska’s celebrations of the Lewis & Clark expedition that traveled up the Missouri River and reached Nebraska in the summer of 1804. 

The Blair parade is an attempt to celebrate the expedition, gain attention and raise money for celebrations of the bicentennial. 

“No one had ever thought of doing anything like what they did. It was the 1804 equivalent of going to the moon,” Morely told the Lincoln Journal Star for a story Sunday. 

Morely sent out more than 450 letters to those people with the last names as the explorers and got six replies. 

Morely said people may have thought the letters were junk mail or part of some marketing scheme and just pitched them. He added that anybody named Meriwether Lewis or William Clark would get to be in front of the parade group. 

- The Associated Press

The core of the problem in the Middle East is in the cultural differences between the East and the West. The social rules that the West believes in are totally estranged to the Arab culture. With the introduction by the English department of a course to be taught by a fifth-year graduate student, Snehal Shingavi, and titled “The Politics and Poetics of Palestinian Resistance,” that very same problem may become the core of a major problem in UC Berkeley. 

The United Nations charter states its purpose: “to bring all nations of the world together to work for peace and development, based on the principles of justice, human dignity and the well-being of all people.” “Dignity” as defined by Webster’s Dictionary is: “the quality of being worthy of esteem or honor.” How can you deal with people whose grand ideas of being worthy of esteem and honor are “martyrdom” and suicide? There is more to it than “just a failure of oversight on the part of the English Department in reviewing course proposal descriptions.” 

The Hamas is educating children by informing them of the virtues of suicide bombing – What do you expect from known followers of the Hamas to teach our kids? 

Now, if you were to choose two instructors, an Israeli and an Arab, perhaps you could take credit for trying something new and different. Otherwise, the University of California at Berkeley is misappropriating public funds for its own selfish and destructive purpose. 

- Giora Stavi 

Berkeley

FOXBORO, Mass. — The United States isn’t quite ready for the World Cup. The way the Americans look at it, they don’t have to be just yet. 

“This takes us down a notch to earth,” U.S. captain Claudio Reyna said after Sunday’s 2-0 loss to the Netherlands. 

In its last game before heading to soccer’s showcase event, the U.S. team made two key defensive blunders. 

Eddie Pope fell while trying to clear a pass in the final minute of the first half, allowing an easy goal for Roy Makaay. David Regis was stripped of the ball in front of the net by Andy van der Meyde, who hopped over goalkeeper Kasey Keller and put the ball into the open net in the 76th. 

“It’s not that bad that we lost today,” Reyna said. “As much as nobody likes to lose, if perhaps we won today, people would have set high expectations for us.” 

The Americans, who leave for the World Cup from New York on Thursday, had been 10-0 at home in warmup games. But more telling is their 0-4 record this year against European opponents, with losses at Italy, Germany and Ireland. 

At the World Cup, the United States opens June 5 against Portugal, then plays co-host South Korea on June 10 and Poland on June 14. 

Unlike the previous two games, which knocked midfielder Chris Armas and defender Greg Vanney out of the tournament, there didn’t appear to be any major injuries for the Americans (10-4). Defender Jeff Agoos came out in the 41st minute because of tightness in his right calf. 

Arena, who hasn’t said which goalkeeper he’ll start in the World Cup, used Brad Friedel in the first half and Keller in the second. 

“That’s a very difficult decision,” Arena said. “I’m not going to make it now. It won’t be easy when I do make it.” 

The Netherlands, which finished third at the 1998 World Cup, is the best team not going to the World Cup. The Dutch were outshot 18-14 and goalkeeper Ronald Waterreus made 11 saves, including outstanding stops on Reyna, Pope and Cobi Jones. 

American midfielder John O’Brien, who plays with van der Meyde at Ajax Amsterdam, had an open net in the 10th minute but put the ball over the crossbar. In the 63rd, he was stopped by Waterreus from about 24 yards. 

Arena, pleased with the performance, thought back to the only previous meeting between the Americans and the Netherlands, a 2-0 win for a nearly full-strength Dutch team. 

The body of a middle-aged Taiwanese national was found on the Union Pacific train tracks at Hearst Avenue early Monday morning. 

It is believed that the man tied himself to the train tracks, distraught after quarreling with family members. One of the family members was his son, who is a student attending UC Berkeley, and who resides at the University Village apartments. 

“In an apparent suicide, he tied himself to the Union Pacific train tracks early yesterday morning,” said Union Pacific Railroad spokesperson Mike Furtney. 

The man, whose name has not yet been released by officials, was hit by the train at approximately 5:27 a.m. 

Earlier in the morning, at approximately 2 a.m., there had been a call of a domestic violence incident at the University Village. It later became apparent to the officers that the party involved in the domestic call was the person discovered dead on the train tracks. 

“Apparently this individual laid down on the tracks,” Furtney said. “ As the crew saw him, he lifted up once then just laid back down.” 

Furtney said it takes approximately a mile and a half for a freight train to be stopped in the case of an emergency and that by the time the victim was sighted on the tracks it was too late. 

His identity was later verified by a passport found near the train tracks. 

The adult male victim is described to be at least 50 years of age. 

According to UC police reports, the suspect was intoxicated and upset after having fought his wife and daughter earlier in the evening. He did not leave a note but authorities are viewing the accident as an apparent suicide.  

“After a dispute with a family member, he apparently committed suicide on the train tracks,” Furtney said. 

To the Editor: 

As a Berkeley resident and tax payer, as well as the concerned parent of a 10th-grade Berkeley High School student, I am wondering if the BUSD School Board has a policy for the public comment section of its meetings.  As it stands, it is quite apparent that the board president receives all the cards that are submitted and either shuffles them randomly, or puts them in a certain order (that very obviously has nothing to do with the timeliness of their submittal) before she decides who gets to speak.  Are public comments at BUSD board meetings heard only at the discretion of the board president? 

- Dan Peven 

Berkeley

Residents of central Berkeley say a recent pedestrian fatality could have been averted if city leaders wouldn’t have strayed from a five-year-old pledge to reduce traffic in the neighborhood. 

The May 7 death of a 72-year-old nun struck by a car on the 1600 block of Addison Street was the result of inadequate efforts to keep commuter traffic off of residential streets, say some members of the neighborhood group MAAGNA ( McKinley, Addison, Allston, Grant Neighborhood Association). 

“We’ve been trying to get improved safety measures for 30 years,” said MAAGNA Secretary Wendy Alfsen.  

Alfsen said traffic-diverting devices were planned by the city in 1997, following a decision to build a new public safety building on Addison Street and MLK Jr. Way, but were never carried out. 

“Had the city been on that timeline, the car [that struck the woman] would not have been on the street,” Alfsen said.  

Tonight, City Council is scheduled to consider a plan put forth by Councilmember Dona Spring to immediately install concrete diversion devices on Addison, Allston, and Jefferson streets. 

Spring acknowledged that there were recent delays in effecting traffic-calming measures in the central Berkeley neighborhood and attributed them mostly to high turnover in the city’s traffic engineering posts. 

“And there have been other traffic issues that have needed to be addressed as well,” she added. 

Neighbors say Spring’s proposed steps should have been taken up long ago by the city, but said they’re better late than never. 

“I trust that if other neighborhoods have had devices put in and made safe, the same thing can happen here,” said Mary Holland, noting that it was unfortunate it took a tragedy to propel the city to action. 

The May 7 accident occurred when Richmond resident Christine Bennett left the 7:00 a.m. mass service at St. Joseph the Worker Church, at 1640 Addison Street. Bennett was on her way to retrieve a book from her car when she was hit by a car driven by a 25-year-old woman, according to Father Bill O’Donnell. 

The Berkeley Police Department would not return phone calls regarding investigation of the accident. 

O’Donnell described Bennett as “quiet”, “very faithful” and someone who had a “huge heart for the poor and struggling.” She had been attending a weekly study group at the church for more than 20 years, O’Donnell said. 

Bennett’s death represents the first pedestrian fatality in Berkeley in nearly a decade, but Councilmember Dona Spring says that within Census Tract 30, where the accident occurred, there have been many pedestrian injuries. 

Addison and Allston streets, between MLK Jr. Way and Sacramento Street, are the two most dangerous residential streets for pedestrians in Berkeley, Spring said. 

Drivers use the streets to get between the downtown and west Berkeley, avoiding congested arteries like University Avenue, she explained. 

“We need this to stop,” she said. 

To the Editor: 

I am concerned that the avalanche of calls for Americans to go shopping in order to give the economy a boost undermines both our families’ and our nation’s security. It is time to examine the implications of taking on more financial stress, and to clarify what purchases would really strengthen our country. 

If we are going to spend, we should look for purchases that will alleviate our energy demands, not increase our dependence on oil. An efficient refrigerator or a hybrid vehicle would be more patriotic choices than a gas-guzzling Ford “Destroyer.” 

We can also improve our nation’s energy security simply by recycling, driving less and conserving heat and electricity at home and in the workplace. Patriotism is not about running our bank accounts into the red just to perpetuate the status quo; it’s about making our country — and the world — a better place for ourselves, our neighbors and our children. 

- Kali Steele 

Berkeley

The largest housing development in recent Berkeley history, slated to include 174 units of residential development and necessitate the replacement of 350 parking spaces in central Berkeley, the Library Gardens project was mysteriously pulled from further consideration at last Tuesday’s City Council meeting. 

John DeClercq, vice president of Transaction Companies — the landowners and property developers of 2020 Kittredge St. — did not return phone calls to comment as to why his company has chosen to remove the project from further consideration, but officials at City Hall are guessing that the price tag on the parking element just didn’t pencil out. 

“It is going to cost a lot of money to replace all the parking, and he was very critical of wanting to place the courtyard there (which is what originally necessitated the replacement of existing parking),” said Councilmember Linda Maio. 

According to Maio, underground parking costs a developer approximately $50,000 per space. 

In addition, Transaction Companies had lost a number of the long-term tenants for the project due to the fact that they would lose parking while the project was under construction. 

In January, DeClercq threatened to sue the city over the same project, in an attempt to exempt Library Gardens from the Inclusionary Housing Restriction, which requires all developments of five or more residential units to include affordable housing. The basis of the lawsuit was that the inclusionary restrictions in the city’s Zoning Ordinance are inconsistent with an element in the Costa-Hawkins Rental Housing Act that requires that residential development built after 1995 not be subject to rent control. 

But despite the threatened lawsuit, several councilmembers have referred to the Library Gardens project as being very popular with city officials. 

“The reason some developers give for pulling a project is that there’s so much dissension, but almost everyone supported this project,” said Councilmember Kriss Worthington. “So that was not the reason.” 

Worthington went on to say he does not know why the project was pulled.

To the Editor:  

The so called “racial privacy initiative” (slated to appear on California’s November ballot) is not about privacy nor equality. It is simply an attempt to hide the presence of people of African descent.  

This denial of African presence has occurred in North, Central and South America for years and years.  

If the initiative passes, it may have one small good effect: Fifty years from now, Ward Connerly will be erased from history.  

- Bernice Brucker  

Oakland

SACRAMENTO — Trying to put to rest a politically embarrassing contract controversy, Gov. Gray Davis issued an executive order Monday requiring competitive bidding on most state contracts worth at least $100,000. 

Davis also said he would sign a bill he vetoed in 1999 banning technology consultants from advising the state on computer contracts and then bidding on the same contracts. 

“These actions will put an end to large sole-source contracts by the state until we establish tough regulations that promote competitive bidding,” Davis said in a statement. “I am determined to ensure that taxpayers get their money’s worth and that all state contracts withstand scrutiny.” 

He made the announcement as a legislative committee prepared to question some of the governor’s top aides this week about a $95 million, no-bid contract the state signed last year with the Oracle Corp. 

The deal was billed as a way for the state to save at least $16 million — and potentially tens of millions more — through volume purchases and maintenance of database software. 

But the state auditor said last month that the contract could end up costing the state up to $41 million more than if it had kept its previous software supply arrangements, a conclusion Oracle disputes. 

Adding to the controversy is the fact that Davis received a $25,000 campaign contribution from Oracle a few days after the contract was signed. 

Both Davis and Oracle officials say there was no link between the donation and the contract, but Davis has returned the money and administration and Oracle officials have begun discussing how to rescind the deal. 

Administration officials had hoped to have an agreement with Oracle this week, but Davis spokesman Steve Maviglio said it could take longer than originally expected.

SAN FRANCISCO — Federal authorities on Monday accused the executives at three Northern California software companies of cooking the books to dupe investors and prop up stock prices during the high-tech boom of the 1990s. 

The U.S. Attorney’s office filed criminal charges of securities fraud against two former chief executives, Gholamreza Mikailli of Sacramento-based Unify Corp. and Alan K. Anderson of the now-defunct Quintus Corp., as well as former chief financial officer Gary Pado of Unify. 

The Securities and Exchange Commission also filed civil complaints against the same three men, as well as two former Legato Systems Inc. sales executives, David Malmstedt and Mark Huetteman. 

Although the cases were unrelated, they shared a common theme — allegations of brazen deceit driven by a desire to create a bright financial outlook that would make their holdings in their companies worth a fortune. 

The charges include allegations of forgery, self-dealing and elaborate cover-ups. 

The allegations against Mikailli and Anderson “can only be described as shocking” said Helane L. Morrison, district administrator for the SEC’s San Francisco office. 

Both Mikailli, 50, and Anderson, 40, are accused of fabricating millions in bogus sales as part of elaborate schemes carried out over several months. 

Mikailli, known as “Reza,” also faces charges of pocketing $4 million in illegal trades of Unify stock. 

Efforts to reach Mikailli, Anderson and their attorneys were unsuccessful Monday. Authorities said they arrested Mikailli at his Saratoga home Monday morning after a federal grand jury indicted him last week. The indictment against Mikailli had been sealed until Monday. 

If convicted, Mikailli and Anderson each face maximum sentences of 10 years in federal prison and fines of up to $1 million. Mikailli also faces conspiracy charges that carry a maximum penalty of five years in prison and a $250,000 fine. 

Pado pleaded guilty to securities fraud last week as part of an agreement that requires him to cooperate in the government’s case against Mikailli. 

Federal authorities say they are aggressively pursuing allegations of financial misconduct to help restore investor confidence amid a series of accounting scandals headlined by the collapse of Enron, once the country's largest energy trader. 

The Silicon Valley — home to hundreds of publicly held tech companies that created incredible wealth during the 1990s — is emerging as a hotbed of accounting trouble. 

Last year, San Francisco-based Critical Path Inc. rocked investors by acknowledging it fabricated some of its sales, resulting in criminal convictions of two former executives in one of the biggest securities fraud cases filed by authorities this year. The FBI’s investigation into the alleged misconduct of former Critical Path executives is continuing. 

Quintus was based in Dublin before going bankrupt in February 2001 and negotiating a sale of its assets to Basking Ridge, N.J.-based Avaya Inc. for $30 million cash. When its stock peaked at $56.50 in late 1999, Quintus had a market value of $1.9 billion. 

Although its headquarters is currently in Sacramento, Unify was based in San Jose while Mikailli and Pado engaged in their alleged shenanigans 

Unify got rid of both executives after uncovering the accounting problems in July 2000 and eventually wiped $18.4 million in revenue off its books, authorities said. Most of Unify’s sales team also left the company. 

The scandal devastated Unify’s shares, which peaked at $34.22 on the Nasdaq Stock Market. Nasdaq de-listed Unify’s stock in late 2000. The shares, which now trade on over-the-counter market, closed at 71 cents Monday. 

In the civil case against the former sales executives of Mountain View-based Legato, the SEC alleges Malmstedt and Huetteman conspired in a scheme that caused the company to record millions of dollars in improper revenue. 

Legato acknowledged the accounting trouble in May 2000 when it lowered its previously reported 1999 revenue by $23 million.

Environmentalists expected to ask city to support lawsuit  

Lawrence Berkeley National Laboratory’s use of its tritium facility – which burns off potentially hazardous waste – has once again put federal lab officials at odds with a local environmental group that contends the burning process poses serious health risks. 

This Tuesday, for the second time this year, the grassroots Committee to Minimize Toxic Waste will petition City Council for $15,000. They want the city to fund a lawsuit seeking an injunction to stop the lab’s studies of certain waste treatment until an environmental impact report can be prepared. 

At issue is how the lab should dispose of waste, accumulated at their soon-to-be closed National Tritium Labeling Facility, and whether lab officials intentionally mislead the city regarding the extent and duration of the waste treatment studies taking place there. 

The labeling facility operated for 19 years providing tritium, a radioactive isotope of hydrogen, for researchers for use in a process known as labeling. Because tritium glows, it was used to attach to pharmaceuticals and pesticides so they could be traced as they traveled though organisms.  

However the labeling process required the release of tritium and other hazardous chemicals through an emissions stack located near a residential district and approximately 500 feet from UC’s Lawrence Hall of Science. 

There is disagreement about whether the emissions threaten the community. 

Lab officials note that emissions have always been well within federal standards. But environmental activists cite a 1998 Environmental Protection Agency study that found tritium levels at the lab above the agency’s cancer risk screening concentration level, qualifying it as a Superfund cite. 

Concerned about potentially dangerous levels of exposure to museum visitors and local residents, especially in the case of an earthquake or wildfire, the city twice petitioned for the facility’s closure. 

In September 2001, lab officials, having lost funding and facing continued community opposition, announced the closure of the facility, scheduled for that December.  

Environmental activists were elated, but the lab faced a dilemma over what to do with the remaining tritiated hazardous waste.  

The tritium had been mixed with numerous non-radioactive hazardous compounds, resulting in a product called “mixed” waste, which the lab is not permitted to send to storage facilities. 

Federal law requires Department of Energy laboratories to treat their mixed waste, which involves separating the hazardous compounds from the tritium so that it can be handled at a low-level landfill that handles exclusively radioactive wastes. 

The usual course of action would have been for the lab to transport the tritiated mixed waste to an incinerator plant.  

However, according to Robin Wendt, deputy environmental health and safety manager at the lab, the incinerator option would have cost roughly $6 million and requried congressional appropriation. Wendt also noted that incineration is a relatively dirty method of separating hazardous compounds from tritium, releasing a higher percentage of tritium from the incinerator stack. 

Instead, the lab opted to treat its mixed waste at the tritium facility using catalytic chemical oxidation. This process, which also involves burning mixed waste, is more environmentally friendly than incineration, but still results in hazardous emissions through the ventilation stack. 

The lab’s decision infuriated members from the Committee to Minimize Toxic Waste. 

According to Pamela Shivola, co-chair of the CMTW, not only does catalytic oxidation release cancer-causing dioxins, but in 1998 a similar mixed waste treatability program, at the facility, resulted in an accident that released at least 35 curries of tritium – roughly half of the facility’s average annual emissions. 

Because of that accident, the California Department of Toxic Substances, in 2000, ordered the lab to stop performing mixed waste treatments at the site unless it applied for a permit, according to Gene Bernardi of the CMTW. 

The current mixed waste oxidation is not in violation of this order because it is classified as a study, which can be started without obtaining a permit. 

Wendt insists that a kiln process was to blame for the 1998 accident, which is not part of catalytic oxidation and has not been used since the accident. 

“Every indication we have is that this is entirely safe. These are extraorinary low levels that can be safe even as proximal as we are to the neighborhoods," said Wendt. 

The lab started catalytic oxidation in January of 2002. Because the facility is a federal lab and beyond the city's jurisdiction, the CMTW decided to pursue legal action. 

The lawsuit was to be filed against the California DTSC for failure to require the lab to do an environmental impact report before they allowed the lab to restart waste treatability activity. 

On February 5, 2002 the City Council voted 4-3 to reject funding the lawsuit. 

Nancy Shepard, an attorney fo the lab, spoke before the council that evening, and her testimony remains a source of contention between the two sides. 

According to Councilmember Donna Spring the council voted against funding the lawsuit because Shepard promised that the oxidation would be completed by April, and that there would be no further mixed waste treatments conducted there. 

“The lab mislead the council,” Spring said. “They knew in October they planed to do other treatability studies, yet they said they’d close up shop in April.” 

Shepard insists that the transcript from the council meeting proves that she never guaranteed that the oxidation would be completed by April, and that she said there would be no other mixed waste studies performed at the tritium facility, but mentioned the possibility of tritiated mixed waste studies at some of their other facilities. 

This issue has added importance to the upcoming council debate. The CMTW has recently learned that later this year the lab intends to use tritiated mixed waste to study an experimental process, known as biodegradation. 

According to Wendt, the biodegradation study will take place at a different facility within their campus. Although he could not guarantee that no tritium or hazardous waste would be emitted from the studies, he insisted that bio-degradation represented an exciting treatment option that was far more environmentally friendly than incineration or oxidation. 

For Elliot Cohen, of the Peace and Justice Commission, which sent the matter back to council, the future merit of these experiments is not the point. 

“The only way were going to know if this is dangerous is if 30 years from now kids from the neighborhood get sick. There is no reason to subject the community to this type of environmental risk,” Cohen said. 

“This shouldn’t be done on a fault line, in a fire hazard area in such a densely populated community,” he added. 

The tritium facility was originally schedulded to be completed in February or March, but that has been pushed back to July, due to staffing issues and work on other studies, according to Wednt. 

Despite controversy over the delay in closing the tritium facility and continued mixed waste studies, it remains unlikely that the council will vote to fund the lawsuit. 

At the February meeting progressive Councilmember Linda Maio, a former lab employee, sided with council moderates in opposing the lawsuit. Although she could not be reached for comment by press time, her Website includes a statement defending the lab 

To the Editor: 

Former President Jimmy Carter probably won't find any biological weapons factories during his five-day trip to Cuba, even with Rosalynn helping.  

Maybe he should visit the prison camp at the Guantanamo Bay Naval Base, where some 384 people are being detained. They have not been charged with crimes or scheduled for trial. It looks like they are being jailed for life, without possibility of parole. 

When Hitler did that they were called "Concentration Camps." When Stalin did that they were called the "Gulag." Do we call it "Bringing terrorists to justice." 

-Marion Syrek

Monday, May 20

Build Your Dream-House for a Song 

(and own it free & clear in 5 years), author David Cook. 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Berkeley Gray Panthers 

Home owners meeting. Chuck Durrett of Co-Housing tells about his program. All welcome. 

3 p.m. 

Berkeley Gray Panthers office 

1403 Addison St. (behind Andronico's on University) 

548-9696 

Tuesday, May 21

Fibromyalgia Support Group 

Herbal Alternatives and Drug Interactions for Fibromyalgia 

Noon to 2 p.m. 

Alta Bates Medical Center, Maffly Auditorium - Herrick Campus 

2001 Dwight Way 

644-3273 

Free 

The Art of Practice with Tom Heimberg 

Violinist with the SF Opera, Tom offers an overview that applies to all instruments. 

Musicians Union Local 6 

116 Ninth St. at Mission 

San Francisco 

415-575-0777 

$10 and free to local 6 members 

Strawberry Tasting 

Tasting & cooking demonstrations 

Berkeley Farmers' Market 

10 a.m. to 3 p.m. 

Derby Street at Martin Luther King, Jr. Way  

Free 

Arthritis Month Special 

Herbal alternatives & drug interactions for Fibromyalgia. Dr. Anita Marshall, Pharm.D., l.Ac 

12 to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

for more info: 644-3273 

ednesday, May 22

Healthful Building materials 

Seminar by Darrel DeBoer 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Thursday, May 23

Secrets of Search Engine Marketing 

A workshop held by The Sustainable Business Alliance 

8:30 to 11:30 a.m. 

Holiday Inn Express 

1175 University Avenue 

451-4001 

Senior Men's Afternoon 

Gay senior men discussion group, 2nd & 4th Thursdays. 

Pacific Center 

2712 Telegraph Ave. 

510-548-8283  

Free 

Fishbowl: "Everything you always wanted to know about the opposite sex but were afraid to ask" An opportunity to ask anonymous questions in a confidential and supportive environment. 

7:30 to 9:30 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut St., Berkeley 

510-848-0237 X 127 

$8-$10 

Attic Conversions 

Seminar by architect Andus Brandt 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Friday, May 24

Cherokee Artist: John Balloue 

paintings depict scenes from historic & contemporary Cherokee history, as well as pow-wow and spiritual images. 

Gathering Tribes 

1573 Solano Ave. 

528-9038 or www.gatheringtribes.com 

Saturday, May 25

Word Beat Reading Series 

All kinds of entertainers come together. Featuring Kera Abraham and Ruth Levitan 

7-9 p.m. 

458 Perkins at Grand, Oakland 

Free 

Alice Waters "Chez Panisse Fruit" book signing 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Children's Movies 

Pinnochio (in English) 

Shows at noon & 2 p.m. 

The Actor's Studio 

3521 Maybelle Ave. 

Oakland 

510-530-0551 

$3 

6th Annual Sidewalk Chalk Art Festival 

Everyone's welcome to participate in covering Solono's sidewalks with chalk art. Featuring refreshments and entertainment. Artist's chalk and a Polaroid of the finished work are available for a fee. To encourage early registration, a raffle for merchandise by local business will be held for the artists at noon.  

Registration at Peralta Park, 9 a.m. - 5 p.m., 1561 Solano Ave. Berkeley. 

For more information: 510-527-5358, www.solanoave.org. 

Free 

Cain & Abel- 1st Annual Stop the Violence Gospel Festival 

In Memory of Children Killed by Senseless Violence 

St. Andrews Baptist Church Gospel Choir, Family in Unity Gospel Choir, Our lady of Lourdes’ Men Gospel Choir, Lorrain Taylor, Michael Nelson, Praise Dancers, Testimonials, Display of Homicide Quilt, presentation by Students of Malcolm X Academy, Sermon by Rev. Ishmael Burch Jr., LeDoursey’s “Gone But Not Forgotten” Sky, Ronald DeVoyce Blackburn’s From-the-Cradle-to-the- Grave memorial candles, The Homicide Names Banner and Holman “Bob” Turner’s photographs of parents at the graveside or location where their child was killed. 

Noon- 6 p.m. 

St. Andrews Baptist Church 

2565 Post Street (at Lyon) 

San Francisco 

415- 292-5157 or 415-346-6500 

Free- contributions and donations appreciated 

Saturday & Sunday, May 25 & 26

19th Annual Himalayan Fair 

Outdoor celebration of the great Mountain Cultures! Authentic Himalayan Art, craft, Music & Dance, exotic food & stage entertainment. Benefits Himalayan Grassroots projects. 

Sat. 10-7, Sun. 10-5:30 

Live Oak Park 

Shattuck & Berryman 

$5-$7 Donation 

Saturday through Monday, May 25-27

Chocolate & Chalk Art Festival 

Chalking takes place on Saturday only. Viewing the artwork all week end. 

Chocolate Festival begins by picking up a chocolate menu from business on Solano Ave. flying a festival banner. Chocolates are available for purchase from merchants as you stroll. Professor Gizmo, a one-man -band on Saturday from 2-4 at Peralta park and Berkeley Police operation Kid-print will be set up for finger printing your kids to keep in a file at home. Dog Fashion Show on Sunday at Solano & Key Route at 2 p.m., all animals must pre-register at 236-0588. Pet adoptions in Peralta Park 11:30-2:30 p.m., Sunday. Solano Avenue Gift Certificate Raffle anytime from May 22-29. Winner drawn May 29. 

The entire length of Solano Avenue, Berkeley & Albany 

Sunday, May 26

Prayer to Shakyamuni Buddha 

A traditional prayer and meditation  

6 p.m. 

Tibetan Nyingma Institute 

1815 Highland Place 

843-6812 

Free 

Children's Movies 

Pinnochio (in Spanish) 

Shows at 1 & 3 p.m. 

The Actor's Studio 

3521 Maybelle Ave. 

Oakland 

510-530-0551 

$3 

"What Cats Know" by Lisa Dilman 

Directed by Rebecca J. Ennals. Four thirty-somethings play a game of gotcha with unexpected consequences.  

Through June 8. 

Thursdays- Saturdays 8 p.m. $20, 

Sundays 7 p.m.- Pay what you can 

Transparent Theater 

1901 Ashby Avenue 

510-883-0305 

www.transparenttheater.org 

Impact Theatre's Love Is The Law 

La Val's Subterranean Theatre 

World-premiere of Impact Theatre's new romantic comedy play featuring David Ballog. 

Through June 9. 

For more information and reservations: 510-464-4468, www.tickets@impacttheatre.com 

$12 general, $7 students  

“Time Out for Ginger” May 10 through Jun. 1: The Actor’s Studio presents the famous comedy that sketches the tumult in a family that includes three teenage daughters, one of whom insists on trying out for her high school football team. $12. Check theater from dates and times. The Actor’s Studio’s Little Theatre, 3521 Maybelle Ave., Oakland 

“Homebody/Kabul” Apr. 24 - June 23: Berkeley Repertory Theatre presents Tony Kushner’s play about a women who disappears in Afghanistan and the husband and daughter’s attempts to find her. $38-$54. Call ahead for times, 647-2949, www.berkeleyrep.org.  

“Murder Dressed in Satin” by Victor Lawhorn, ongoing. A mystery-comedy dinner show at The Madison about a murder at the home of Satin Moray, a club owner and self-proclaimed socialite with a scarlet past. Dinner is included in the price of the theater ticket. $47.50 Lake Merritt Hotel, 1800 Madison St., Oakland, 239-2252, www.acteva.com/go/havefun. 

Berkeley Opera Presents 

Vivian Fine’s “The Woman in the Garden” 

One of America’s most highly regarded composers, Vivian Fine, has crafted a libretto from the writing of four women artists; Emily Dickinson, Isadora Duncan, Gertrude Stein and Virginia Woolf. Solos, duets, trios, and quartets express these innovative, non-conforming rebels, individual musings and struggles, revealing both social isolation and spiritual community of their artistic lives. Singers are supported by a nine-piece chamber ensemble 

May 23 - May 25, 8 p.m. 

Hillside Club 

2286 Cedar (at Arch St.) 

$30 General, $25 Senior, $15 Youth and Handicapped, $10 Student Rush 

Charge by phone: 925-798-1300 

Information: 510-841-1903, www.berkeleyopera.com 

Monday, May 20 

Live Music- Renegade Sidemen, with Calvin Keyes, Dave Rokeach & friends 

8 p.m., 2nd show 10 p.m. 

Anna’s Bistro 

1901 University Ave. 

Berkeley 

510-849-ANNA 

Tuesday, May 21 

Open Mic 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

Wednesday, May 22 

Yonder Mountain String Band  

Hard Chargin' bluegrass 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$19.50 advance, $20.50 at the door 

Thursday, May 23 

John Reischman & the Jaybirds 

Mandolin virtuoso & red-hot bluegrass ensemble 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at the door 

Variety Preview Room Art Opening 

Wine & cheese reception showcasing WPA (Works Progress Administration) muralist James Daugherty. Hosted by Variety, a children’s charity started in the depression when a baby was left in a Vaudeville Theatre with a note pinned to her, pleading for help. In this time of economic uncertainty and patriotism please join for viewing this special collection of WPA murals. 

Wednesday, May 22, 5 to 7 p.m. 

Variety Preview Room 

582 Market St. at Montgomery, San Francisco  

415-781-3894 

“The Art History Museum of Berkeley” Masterworks by Guy Colwell. Faithful copies of several artists from the pasts, including Titian’s “The Venus of Urbino,” Cezanne’s “Still Life,” Picasso’s “Woman at a Mirror,” and Botticelli’s “Primavera” Ongoing. Call ahead for hours. Atelier 9, 2028 Ninth St., 841-4210, www.atelier9.com. 

“Masterworks of Chinese Painting” Through May 26: An exhibition of distinguished works representing virtually every period and phase of Chinese painting over the last 900 years, including figure paintings and a selection of botanical and animal subjects. Prices vary. Wed. - Sun. 11 a.m. - 7 p.m. The University of California, Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-4889, www.bampfa.berkeley.edu 

“Marion Brenner: The Subtle Life of Plants and People” Through May 26: An exhibition of approximately 60 long-exposure black and white photographs of plants and people. $3 - $6. Wed. - Sun. 11 a.m. - 7 p.m. The University of California, Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-0808, www.bampfa.berkeley.edu 

“The Image of Evil in Art” Through May 31: An exhibit exploring the varying depictions of the devil in art. Call ahead for hours. The Flora Lamson Hewlett Library, 2400 Ridge Rd., 649-2541. 

“The Pottery of Ocumichu” Through May 31: A case exhibit of the imaginative Mexican pottery made in the village of Ocumichu, Michoacan. Known particularly for its playful devil figures, Ocumichu pottery also presents fanciful everyday scenes as well as religious topics. Call ahead for hours. The Flora Lamson Hewlett Library, 2400 Ridge Rd., 649-2540 

“East Bay Open Studios” Apr. 24 through Jun. 9: An exhibition of local artists’ work in connection with East Bay Open Studios. Wed. - Sun. 11 a.m. - 5 p.m. Pro Arts, 461 Ninth St., Oakland, 763-9425, www.proartsgallery 

"What Cats Know" by Lisa Dilman 

Directed by Rebecca J. Ennals. Four thirty-somethings play a game of gotcha with unexpected consequences.  

Through June 8. 

Thursdays- Saturdays 8 p.m. $20, 

Sundays 7 p.m.- Pay what you can 

Transparent Theater 

1901 Ashby Avenue 

510-883-0305 

www.transparenttheater.org 

Impact Theatre's Love Is The Law 

La Val's Subterranean Theatre 

World-premiere of Impact Theatre's new romantic comedy play featuring David Ballog. 

Through June 9. 

For more information and reservations: 510-464-4468, www.tickets@impacttheatre.com 

$12 general, $7 students  

“Time Out for Ginger” May 10 through Jun. 1: The Actor’s Studio presents the famous comedy that sketches the tumult in a family that includes three teenage daughters, one of whom insists on trying out for her high school football team. $12. Check theater from dates and times. The Actor’s Studio’s Little Theatre, 3521 Maybelle Ave., Oakland 

“Homebody/Kabul” Apr. 24 - June 23: Berkeley Repertory Theatre presents Tony Kushner’s play about a women who disappears in Afghanistan and the husband and daughter’s attempts to find her. $38-$54. Call ahead for times, 647-2949, www.berkeleyrep.org.  

“Murder Dressed in Satin” by Victor Lawhorn, ongoing. A mystery-comedy dinner show at The Madison about a murder at the home of Satin Moray, a club owner and self-proclaimed socialite with a scarlet past. Dinner is included in the price of the theater ticket. $47.50 Lake Merritt Hotel, 1800 Madison St., Oakland, 239-2252, www.acteva.com/go/havefun. 

Berkeley Opera Presents 

Vivian Fine’s “The Woman in the Garden” 

One of America’s most highly regarded composers, Vivian Fine, has crafted a libretto from the writing of four women artists; Emily Dickinson, Isadora Duncan, Gertrude Stein and Virginia Woolf. Solos, duets, trios, and quartets express these innovative, non-conforming rebels, individual musings and struggles, revealing both social isolation and spiritual community of their artistic lives. Singers are supported by a nine-piece chamber ensemble 

May 23 - May 25, 8 p.m. 

Hillside Club 

2286 Cedar (at Arch St.) 

$30 General, $25 Senior, $15 Youth and Handicapped, $10 Student Rush 

Charge by phone: 925-798-1300 

Information: 510-841-1903, www.berkeleyopera.com 

Monday, May 20 

Live Music- Renegade Sidemen, with Calvin Keyes, Dave Rokeach & friends 

8 p.m., 2nd show 10 p.m. 

Anna’s Bistro 

1901 University Ave. 

Berkeley 

510-849-ANNA 

Tuesday, May 21 

Open Mic 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

Wednesday, May 22 

Yonder Mountain String Band  

Hard Chargin' bluegrass 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$19.50 advance, $20.50 at the door 

Thursday, May 23 

John Reischman & the Jaybirds 

Mandolin virtuoso & red-hot bluegrass ensemble 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at the door 

Variety Preview Room Art Opening 

Wine & cheese reception showcasing WPA (Works Progress Administration) muralist James Daugherty. Hosted by Variety, a children’s charity started in the depression when a baby was left in a Vaudeville Theatre with a note pinned to her, pleading for help. In this time of economic uncertainty and patriotism please join for viewing this special collection of WPA murals. 

Wednesday, May 22, 5 to 7 p.m. 

Variety Preview Room 

582 Market St. at Montgomery, San Francisco  

415-781-3894 

“The Art History Museum of Berkeley” Masterworks by Guy Colwell. Faithful copies of several artists from the pasts, including Titian’s “The Venus of Urbino,” Cezanne’s “Still Life,” Picasso’s “Woman at a Mirror,” and Botticelli’s “Primavera” Ongoing. Call ahead for hours. Atelier 9, 2028 Ninth St., 841-4210, www.atelier9.com. 

“Masterworks of Chinese Painting” Through May 26: An exhibition of distinguished works representing virtually every period and phase of Chinese painting over the last 900 years, including figure paintings and a selection of botanical and animal subjects. Prices vary. Wed. - Sun. 11 a.m. - 7 p.m. The University of California, Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-4889, www.bampfa.berkeley.edu 

“Marion Brenner: The Subtle Life of Plants and People” Through May 26: An exhibition of approximately 60 long-exposure black and white photographs of plants and people. $3 - $6. Wed. - Sun. 11 a.m. - 7 p.m. The University of California, Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-0808, www.bampfa.berkeley.edu 

“The Image of Evil in Art” Through May 31: An exhibit exploring the varying depictions of the devil in art. Call ahead for hours. The Flora Lamson Hewlett Library, 2400 Ridge Rd., 649-2541. 

“The Pottery of Ocumichu” Through May 31: A case exhibit of the imaginative Mexican pottery made in the village of Ocumichu, Michoacan. Known particularly for its playful devil figures, Ocumichu pottery also presents fanciful everyday scenes as well as religious topics. Call ahead for hours. The Flora Lamson Hewlett Library, 2400 Ridge Rd., 649-2540 

“East Bay Open Studios” Apr. 24 through Jun. 9: An exhibition of local artists’ work in connection with East Bay Open Studios. Wed. - Sun. 11 a.m. - 5 p.m. Pro Arts, 461 Ninth St., Oakland, 763-9425, www.proartsgallery 

The Berkeley High boys’ lacrosse team fell just short of their state championship dream on Saturday, falling 7-3 to St. Ignatius at Kezar Stadium in San Francisco in the Northern California championship game. 

The top-seeded Wildcats finished their fourth consecutive state title campaign undefeated at 17-0, beating the Yellowjackets for the second time this season. 

For Berkeley, the game was more than a chance at a glorious finish to a great season. A win over St. Ignatius would have put Berkeley into the upper echelon of progams in Northern California, as well as evening out their only remaining unavenged loss. But it wasn’t to be for the ’Jackets, as failures to capitalize on first-quarter mistakes by the Wildcats came back to haunt them as the game wore on. 

“(St. Ignatius) finished well, and we kept hitting their goalie with our shots from in close and in man-up,” Berkeley captain Nick Schooler said. “It was bad execution and some bad luck.” 

Indeed, an uncharacteristic four first-quarter penalties put the defending state champs back on their heels, as Berkeley shook off a St. Ignatius goal after just 17 seconds to take a 2-1 lead at the end of the first quarter. With a Wildcat penalty just ending Schooler found Cameran Sampson open 15 yards out, and Sampson whipped home a shot past goalie Justin Boland. 

A minute later, Berkeley defender Chris May picked up a loose ball and raced over the halfline and towards Boland. When no Wildcats were there to stop him, May got close and bounced a shot past the goalie for the lead. 

Unfortunately for the ’Jackets, that was as close as they would get to the championship trophy. St. Ignatius stopped taking foolish penalties but kept on hitting, with defenseman Damon Conklin providing the link from the defense to the offense, as a long pass off of a Berkeley turnover put Matthew Fredericks out on a fastbreak to tie the game. 

“They beat us just they way we thought they would beat us, in the transition game,” Berkeley head coach Jon Rubin said. 

Some bad communication between Rubin and his players helped set up the go-ahead goal for St. Ignatius. Already down a man on an offsides penalty, Rubin called for midfielder Ed Hill to go back on defense, causing another offsides penalty to give the Wildcats a two-man advantage. Patrick Fitzgibbon took advantage, whipping a shot past Berkeley goalie Marc Bloch, and SI took a 3-2 lead into halftime. 

Rubin felt his team had played better than the Wildcats in the first half despite the deficit, but after the break the game was all about the defending champions. Three third-quarter goals gave them a 6-2 lead, an insurmountable lead with the SI defenders draped all over leading Berkeley scorers Schooler and Sam Geller. The Berkeley attack was almost always limited to aborted runs and distant shots, and when the ’Jackets did manage to get close to the goal Boland was there to stop them. 

“It’s an old saying in sports: offense wins games but defense wins championships,” St. Ignatius head coach Dave Giarusso said. “We have a defensive concept and we stick to it. We don’t play players, we play the system.” 

St. Ignatius All-American attacker Brian Schimaneck put the exclamation point on the victory, scoring his team’s final two goals on solo runs from the flanks to the front of the Berkeley net for easy finishes. Tamir Elterman got a consolation goal for Berkeley late in the fourth quarter, but by then it was clear that the ’Jackets would come up short of their state championship hopes. 

“I thought we’d get farther than this at the beginning of the year,” Schooler said. “It still feels good, but it could’ve been better.” 

For Rubin, who was named Coach of the Year for Northern California, Saturday’s loss was bittersweet as well. He knows it was the final shot at a state championship for his outstanding group of seniors, but Rubin thinks next year’s team has a chance to be just as good, if not better. 

“Next year we should be just as strong. I predict we’ll be right back here,” he said. “The difference today was that St. Ignatius knew what it takes to win a championship and we didn’t. Hopefully the returning players will use this to build on next year.”

The UC Theatre, at 2036 University Ave., was shut down last year and dismissed as a relic of the past. Now, though, it’s in high demand with several Berkeleyans wanting a refurbished theatre as part of their future. 

If theatre owner Pacific Bay Investments gets their plan approved, the future will belong to various cultural groups, sharing ground floor theater and art space below 56 apartments on a projected second floor.  

According to lead architect James Novosel, the 13,000 square-foot, ground floor cultural center would feature a 250-seat theatre, a 100-seat theatre, as well as an area that could be used as a dance studio or gallery space.  

The center would be connected to the Berkeley Repertory Theatre property and the Addison Street Art District via a pedestrian walkway that includes a 3,000 square-foot open-air courtyard.  

“Everyone will benefit from this project,” said Igal Sarfaty, a PCI partner, who added that his company would offer the cultural space to organizations at 50 cents on the dollar.  

To help offset the costs of the cultural center, the upper level of the theatre would be converted into 56 studios and one-bedroom apartments. Approximately 25 percent of the units would be designated as affordable housing. 

The current plan was not previously anticipated. 

Last year, the city commissioned Gary Meyer, a founder of Landmark Theatres, to determine a suitable future for the theatre. 

The expectation was that it would be persevered as a movie house. However, when it was determined that neither multiplexing the theatre nor turning it into a brew pub were economically viable, Meyer offered two recommendations: the option currently being pursued by the owners or a performing arts center.  

The Berkeley Symphony Orchestra is still pursuing the latter option. An acoustic study of the theatre revealed that it is ideal for symphonic music, and an upgrade from the symphony's current home at Zellerbach Hall. 

Managing a restored UC Theatre, would permit the symphony to better schedule its performances, and would preserve the theatre as a single venue. 

The catch is that the symphony averages about nine shows a year. To take control of the theatre, it would have to partner with other interested groups to round out the performance schedule and raise enough money to pay for theatre upgrades. 

A year into the process, neither the orchestra nor any other group has presented funding for the project.  

“We would hope to build a consortium of groups,” said symphony Director Katherine Barker-Henwood. However, she contends their effort has been stymied by uncertainty over how much money would be required to convert the theatre into a symphony hall, and whether the brick building is seismically worthy of a large-scale investment estimated to cost between $2 million and $10 million. 

The owners recently paid roughly $500,000 to seismically upgrade the theatre, a cost that was supposed to be shared with the former tenants, Landmark Theatres. 

However, the upgrade only guarantees that the building will not collapse in an earthquake, not that it will be usable afterward, according Ted Burton, a project manager in the city’s Office of Economic Development.  

“If you’re going to invest a huge amount of money on a symphony hall, you don’t want to lose it in the next quake,” said Burton.  

Having put a lot of money into the theatre without much rental income, the owners are anxious to move forward with the cultural center plan, which they can finance through the revenue earned by the housing units.  

“The theatre has been closed for a year. We don’t see any new operator stepping forward to use it as a big theater,” said Sarfaty.  

According to Novosel, the cultural center plan will be presented to the Berkeley Architectural Historical Association this week, and then shown to other design commissions.  

“We are doing a public outreach to find out if there is a community consensus on the need for a cultural center or if there is overwhelming support for maintaining the theatre,” Novosel said.  

Members of Berkeley’s performing art community seemed to favor the symphony hall, but were realistic about its chances. 

“If someone said he would be responsible for raising the money then I say go for it. Otherwise let the owners do something with the property,” said Patrick Dooley, artistic director for the Shotgun Players, a theater troupe currently using the theatre. 

The cultural center project could be submitted to the Zoning Adjustment Board and Landmarks Preservation Commission within a couple of months, and if approved, it could open by early 2004, according to Novosel.

To the Editor: 

In the May 10 letter about boycotting Saudi Arabia, Rachel Schorr speaks for some in the Jewish community who console themselves by stigmatizing as "anti-Semitic" any criticism by the press of the Israeli Government. Ironically, her revelations that a Saudi Arabian prince owns stock in AOL-Time Warner and that the BBC’s main reporter (whoever that might be) on the Middle East is married to a Palestinian is reminiscent of claims by anti-Semites that the world press, American politics and the global economy are manipulated by Jews. 

If Israel is (in Ms. Schorr’s words) portrayed in "a negative light," it is because the Israeli government has wantonly killed innocent children, women and men and destroyed the homes, orchards, and meager infrastructure of the Palestinian homeland Israel illegally occupies. If anything, the American press has failed to fully report on the crimes of the Sharon regime. 

To its great credit, some elements of the Israeli press do provide both objective reporting and reasoned analysis of Israel’s folly. "Haaretz," an Israeli newspaper that is published in print and online in Hebrew and English, is a reliable source of information and analysis that has been unsparing in its criticism of the government. 

Perhaps since "Haaretz" is not owned by a Saudi prince Ms. Schorr will entertain the notion that it is not anti-Semitic to expose and denounce Israel’s crimes; indeed, many Jews understand that it is their moral and religious responsibility to do so. 

-Joseph Stein 

Berkeley

It is an old baseball axiom: Do not walk the leadoff man. The St. Mary’s High Panthers violated that cardinal rule one too many times Saturday afternoon and it cost them both the BSAL crown and a shot at the North Coast Section playoffs. 

The Albany High Cougars brought home the championship banner with a bases-loaded single in the bottom of the seventh inning as they recovered from blowing a five-run lead in the late innings to take the title game 8-7 at Salesian High School in Richmond. Seven of Albany’s eight runs came across following leadoff bases on balls. 

For the Panthers (13-13), the loss meant not only the end to dreams of a league title, but also the end of their postseason aspirations. As a team with a .500 record, they are ineligible for an at-large bid to the NCS tourney. 

“Basically, the story is, we had only one pitcher (Joe Storno) and he pitched in the first game,” St. Mary’s head coach Andy Shimabukuro said, referring to Thursday’s victory over Piedmont High. “We knew we had to score a lot of runs to win and we just came up a couple short.” 

For a while it looked as though the Panther bats might have enough punch to pull off the upset of the number one seed Cougars, as St. Mary’s jumped on Albany starter Mike Clement in the first inning. One batter after Panther leadoff man Chris Morocco drew a walk to start the game, second baseman Chris Alfert drilled a 1-0 pitch about 380 feet high over the fence in straightaway left field to give Panther starter Scott Tully a two-run cushion. 

The freshman hurler could not hold the lead for long, however. The Cougars immediately pulled one run back in the bottom of the first. Then in the third, the flood gates began to burst, beginning with a leadoff walk to Ball, who scored on an Ian Gordon single. Cleanup hitter Robert Diaz followed with a double to the base of the wall in right center, prompting Shimabukuro to pull Tully in favor of reliever Marcus Johnson. 

Johnson nearly escaped the two-on, one-out jam, freezing first baseman Peter Collister with a slow curveball for a strikeout. But with a two-strike count on leftfielder Paul Muse, the diminutive righthander left a curve out over the plate and the Albany player smacked it into center for a single that plated two more runs. 

The wheels came off for St. Mary’s in the fourth. The Panthers placed runners on second and third with one out, thanks to a single by centerfielder Chase Moore and a bloop double to left by Joe Storno. Tom Carman then hit what appeared to be a routine sacrifice fly to medium deep centerfield. As Moore raced home, however, Albany centerfielder Eddie Izumizaki alertly threw behind Storno at second base, catching the first baseman off the bag for the third out before Moore crossed home plate. 

In the bottom half of the frame, another Albany leadoff walk – this time to number eight hitter Doug Fisch - came back to haunt the Panthers. Johnson then walked James Izumizaki on four pitches with two outs, leaving no room at first base for an intentional walk to Gordon, the league MVP. Gordon took a 2-0 fastball and drove it the other way for a three-run, opposite field homer and a 7-2 lead. 

“My coach told me I was going to get a lot of junk,” the Cougars’ star catcher said later. “I got a 2-0 count and I just waited for my pitch.” 

For Shimabukuro and St. Mary’s, it was the walk to Izumizaki that stung the most. 

“There’s only so many times you can pitch around him,” the coach said. “We didn’t get the right guys out so we could pitch around him. Their one and two guys really set the table.” 

With only three innings possibly remaining in their year, however, St. Mary’s once again showed the resilient spirit that has characterized so many of their come-from-behind victories this season. Johnson helped his own cause by igniting the fifth inning rally with a leadoff base on balls. Two batters later, third baseman Morocco hit a high, wind-aided opposite field home run to right. A double, a walk and a single further trimmed the Cougars’ advantage to 7-5. 

Then, down to their final three outs in the seventh, another St. Mary’s dream comeback seemed to materialize out of thin air. Morocco set the table with a line single to center.Alfert came up with another clutch hit, a hard double down the leftfield line that drove home Morocco. Moore followed with a scorcher up the middle for what looked like a game-tying single. Albany shortstop Ball made an unbelievable play to stab the ball with a dive, but his throw to first skipped in the dirt. New Cougar first baseman Dave Klein was unable to make the pick, knocking the ball toward home plate and letting Alfert scramble home with the tying run. 

But with the score finally level and a runner in scoring position, an unusual coaching decision may have cost the Panthers a shot at a game-winning run. With men on first and second with two outs, Johnson stood in the batters’ box with a 3-1 count. Shimabukuro elected to try for a double steal, and Storno, heading to third, was cut down by at least five feet for the third out. 

“It was a straight steal,” the coach explained later. “We were taking a gamble with a new catcher in the game. It didn’t work out.” 

Their momentum sapped, St. Mary’s lack of fresh arms became quickly apparent in the bottom of the seventh. Johnson, heading out to the mound for his fifth inning of work, immediately walked James Izumizaki on four pitches. Two more walks, one intentional to Gordon and one unintentional to designated hitter Robert Diaz, loaded the bases with no outs. Klein then drove the final nail into the coffin with a 1-0 single to right that plated Izumizaki with the winning run.  

As the Cougar players celebrated in front of their dugout, the Panthers quietly packed up their equipment and filed down the third base line for the final team meeting of the season. 

In the midst of his team’s festivities Albany head coach Giblin took a moment to praise the effort of the Panthers. 

“St. Mary’s played very tough; they’re a good team,” Giblin said. “They proved they belonged here. They were every bit as good as we were except for that final run.” 

Berkeley’s broadcast program Youth Radio has joined the ranks of “60 minutes” and CNN news, and last week, their kinship with the media giants was acknowledged by the state Assembly. 

Eleven young broadcasters were recognized Thursday at the State Capital building in Sacramento for winning the George Foster Peabody Award. Youth Radio was one of 34 media programs to recently win the honor, typically given to more lavishly-budgeted television shows and networks. 

“It’s really quite impressive,” said District 14 Assemblywoman Dion Aroner, who presented a complimentary resolution on the floor of the Assembly. “It is important that its success is transmitted throughout the nation and used to boost more programs that give youth a voice.” 

Their signature radio program, which airs locally on KPFB two days each week, presents commentaries of youth on a variety of issues likely to affect the youth community. Topics range from crime to education to teenage sex. 

The program is syndicated in certain NPR markets across the nation, and has also been picked up internationally by the BBC. 

Their national prize was earned, according to the Peabody board, “for activities enabling thousands of teenagers to express their views, to experience civic engagement and to develop critical thinking skills, teamwork, and self-esteem.” 

The distinction comes after a decade in existence in a small office on University Avenue. An on-site staff of mostly 14- to 17-year-olds, with little adult supervision, runs the studio with the input of students from local schools ranging in age from 11 to 20. A pier-training program has assured a consistent stream of qualified broadcasters. 

“The youth build the organization and carry it on their back,” said Youth Radio Deputy Director Beverly Mire. 

The program has also gained notoriety for its focus on minority and economically-challenged groups. The majority of Youth Radio participants are low-income and ethnic minorities. 

“A lot of them go home, and their lives aren’t that great, but when they come here, they shine,” said Mire. 

In addition to their cornerstone radio program, Youth Radio has expanded into other media outlets and has created material for television, newspaper, and the Internet. 

Today, a delegation of Youth Radio participants is visiting the Waldorf-Astoria Hotel in New York City where they will officially receive the Peabody Award. 

Their two-hour radio program can be heard on KPFB channel 89.3 on Thursdays at 4 p.m. and Fridays at 7 p.m. 

Contact reporter at kurtis@berkeleydailyplanet.net.

To the Editor: 

I wanted to comment on the opening line in the May 14 article written by Kurtis Alexander regarding the City Council item under consideration to move adult programming on channel 25 to after midnight. Although I was not directly quoted, Mr. Alexander incorrectly extrapolated this opening line from our conversation. During our conversation I did state that Berkeley Community Media should not be expected to be the moral conscience of the community. I stated that we were prohibited from censoring programming and that these decisions regarding obscenity needed to be a matter of law and not personal predilection. The FCC regulations on airing of sensitive content are extremely vague and require a community standard to determine whether content may be considered "obscene" and therefore unlawful. I feel that open dialogue about what program content may be considered obscene and what may be merely offensive to some viewers is essential to assure that the First Amendment is protected while at the same time providing a mechanism to properly deal with unlawful programming, for instance child pornography. Ultimately, community responsibility for content on our access station is vital to accurately represent Berkeley residents. I applaud the efforts of all Berkeley residents who get involved in access television and invite anyone with opinions on either side of this issue to come down to Berkeley Community Media and B-TV. 

-Brian D. Scott 

Executive Director, 

Berkeley Community Media

BHS baseball gets No. 6 seed, face Antiochfd 

The Berkeley High baseball team earned the No. 6 seed in the North Coast Section 3A East Bay playoffs and will play Antioch High on Wednesday. 

Berkeley, which was officially named the ACCAL champion after a complicated set of tie-breakers with El Cerrito High, will host Antioch at Cal’s Evans Diamond. The game will start at 5 p.m. 

St. Mary’s girls take Bayshore title; Brooks wins 400-meter race  

St. Mary’s High won yet another North Coast Section Bayshore title on Saturday, with the Panther girls edging James Logan High for the championship. Kamaiya Warren, Bridget Duffy and Danielle Stokes each won two events, with Tiffany Johnson pitching in with a first-place finish in the long jump. 

The St. Mary’s boys finished third behind Logan and Bishop O’Dowd High despite wins by Solomon Welch in the long jump and triple jump. Berkeley High’s Stephan Brooks won the 400-meter race with a time of 48.55. 

Qualifiers from the Bayshore meet move on to compete in the NCS Meet of Champions Saturday at Cal’s Edwards Stadium. 

Cal softball sweeps NCAA regional to reach World Series  

FRESNO – With senior Jocelyn Forest throwing her fourth complete game in as many days, the Cal softball team advanced to its fourth consecutive Women’s College World Series with a 1-0 shutout of Cal State Fullerton in an NCAA Regional final Sunday afternoon.  

Forest, who was voted the regional’s Most Outstanding Player, allowed just three runs in her four starts. Sunday against CSUF (53-13), she tossed a four-hitter and retired the final 12 Titan batters of the game.  

Cal scored the game’s only run in the top of the third inning on a bases-loaded infield single by Veronica Nelson. 

With the win, Cal earned the No. 4 seed in the WCWS and will face No. 5 Oklahoma in the first round Thursday at Don E. Porter Stadium in Oklahoma City.

Today is Monday, May 20, the 140th day of 2002. There are 225 days left in the year. 

Highlight: 

One hundred year ago, on May 20, 1902, the United States ended its three-year military presence in Cuba as the Republic of Cuba was established under its first elected president, Tomas Estrada Palma. 

On this date: 

In 1506, Christopher Columbus died in poverty in Spain. 

In 1861, North Carolina voted to secede from the Union. 

In 1861, the capital of the Confederacy was moved from Montgomery, Ala., to Richmond, Va. 

In 1927, Charles Lindbergh took off from Roosevelt Field in Long Island, N.Y., aboard the Spirit of St. Louis on his historic solo flight to France. 

In 1932, Amelia Earhart took off from Newfoundland for Ireland to become the first woman to fly solo across the Atlantic. 

In 1939, regular transatlantic air service began as a Pan American Airways plane, the Yankee Clipper, took off from Port Washington, N.Y., bound for Europe. 

In 1942, Glenn Miller and His Orchestra recorded ”(I’ve Got a Gal in) Kalamazoo” at Victor Studios in Hollywood. 

In 1961, a white mob attacked a busload of Freedom Riders in Montgomery, Ala., prompting the federal government to send in U.S. marshals to restore order. 

In 1989, comedian Gilda Radner died in Los Angeles at age 42. 

Ten years ago: 

Proclaiming his innocence to the end, Roger Keith Coleman was executed in Virginia’s electric chair for the 1981 rape-murder of his sister-in-law, Wanda McCoy. Thailand’s much-revered monarch (King Bhumibol Adulyadej) called for an end to violent clashes between troops and pro-democracy protesters. 

Five years ago: 

The Senate approved legislation to ban certain late-term abortions, but fell three votes shy of the total needed to override President Clinton’s threatened veto. 

One year ago: 

President Bush, in an address to graduating Notre Dame students, urged a new generation of American voters to “revive the spirit of citizenship” and carry on the work of two Democratic presidents: Lyndon Johnson’s war on poverty and welfare reforms under Bill Clinton. The Italian film “The Son’s Room” won the Palme d’Or at the Cannes Film Festival. 

Today’s Birthdays: 

Actor James McEachin is 72. Actor Anthony Zerbe is 66. Actor David Proval is 60. Singer Joe Cocker is 58. Singer-actress Cher is 56. Actor-comedian Dave Thomas is 53. Musician Warren Cann is 50. Actor Dean Butler is 46. 

To the Editor: 

We are outraged. You think that you have the right to judge and define what is and is not suitable for people to watch, and at what time they should watch it on our own public access TV station, channel 25. You think that you can become Mom and Dad to the people of Berkeley, telling us that the national standard for "adult programming" is not good enough for us, that we need you to help us decide what to watch and when. We do not need you to do this, and you do not have the right! 

What is at stake here is free speech. Alternative viewpoints on television are becoming harder and harder to come by as large corporations control more and more of the media. This is why channel 25 is so important, because its mandate is that it does not censor any program, and any Berkeley resident can bring in something to play and it will be aired. B-TV's own mission statement says, "Our mission is to build an electronic free speech forum in order to encourage democratic involvement and build community." And if a program is voluntarily labeled by its producer as being "adult", it will play after 10 p.m., as per the National Standard. 

Moving the time for "adult programming" to midnight is not just "rescheduling". It is clearly censorship by way of time ghetto-izing. What makes Berkeley so different from the rest of the country, which follows the 10 p.m. - 6 a.m. safe harbor guideline? What you are really saying is that Berkeley residents can not decide for themselves before midnight what they want to watch, or what they feel their kids should be watching... and that you can and will decide this instead. You are imposing your own personal tastes and the personal tastes of the few who have complained to you, on the rest of us. Free speech does not work that way. None of us has the right to not be offended by things. If you do not like a program, are offended by it, just turn it off. If you don't want your kids to see something on TV, that is between you and your kids. No one of us has the right to impose our personal tastes upon the rest of the community. 

This is why we are outraged. This is called censorship, and governmental suppression of free speech. And this is why we will be protesting and fighting this. And thank you Kriss Worthington for voting NO last Tuesday! 

-Alexi Malenky, Corey Nicholl 

Berkeley  

Imposter Viagra? 

NEW YORK — Seven people and five companies have been indicted on charges of making and selling counterfeit versions of the anti-impotence drug Viagra. 

Defendants in China and India made the pills while others in Nevada, Colorado and Hong Kong sold them over the Internet to distributors, Manhattan District Attorney Robert Morgenthau said Friday. 

Undercover investigators bought 25,000 fake pills for about $38,000, Morgenthau said. 

Viagra is made exclusively by Pfizer Corp. and is one of the company’s blockbuster drugs. The blue, diamond-shaped pills cost about $10 each retail. 

Investigators seized tools that shaped and stamped the fake pills to look like the real thing, along with gutted toys, stereo speakers and other items used to smuggle the pills. 

The counterfeit pills have Viagra’s active ingredient, sildenafil citrate, but in inconsistent strengths and have different inert additives, Morgenthau said. 

Among the charges against the defendants are trademark counterfeiting, which is punishable by up to 15 years in prison. 

Three defendants are fugitives, while others have made court appearances or are awaiting extradition. 

Food posion scare  

YONKERS, N.Y. — A food preservative was to blame for the sudden outbreak of illness that triggered a chemical-contamination scare in downtown Yonkers, a health official said. 

“The food that the family digested was heavily contaminated with sodium nitrite,” said Mary Landrigan, spokeswoman for the Westchester County Department of Health. “In that quantity it can be deadly.” 

Six victims were taken to St. Joseph’s Medical Center Thursday night with severe breathing problems, bluish pallors and mental confusion. Because the cause was not immediately known, police, firefighters, hazardous-materials workers and anti-terrorist agents were deployed. 

One victim remained in critical condition Saturday; another was in critical but stable condition, a hospital spokeswoman said. 

Health officials said the victims, identified only as adults of Egyptian heritage, had been at a dinner party featuring a dish that included food from Egypt. 

Officials narrowed their hunt for a cause Saturday to a substance, in a packet labeled in English and Arabic, that the victims said they had sprinkled on their meal. 

“A sample from a packet labeled ’refined iodized table salt’ did not contain table salt — it was 100 percent sodium nitrite,” Landrigan said. 

Officials said they did not suspect foul play, but were still investigating 

Boat goes down  

KEY LARGO, Fla. — A 510-foot Navy ship that was supposed to be scuttled with explosives to create a giant artificial reef unexpectedly sank Friday, sending workers scrambling to get off and spoiling the party for everyone but perhaps the fish. 

The 46-year-old Spiegel Grove started going down as workers made last-minute preparations for blowing holes in the ship and sending it to its underwater grave, where it was envisioned as a divers’ paradise. A tugboat had to carry the workers to safety.

SAN FRANCISCO – Some 75,000 racers slogged through early morning mist and rains Sunday, but the wacky San Francisco spirit synonymous with the Bay to Breakers footrace shone bright in everything from a ‘trailer-trash’ float to a few runners sporting nothing but a smile. 

“It’s so much fun,” said Catherine Wagner, dressed as Wonder Woman for her seventh race. “It’s the quintessential San Francisco moment.” 

The 7.46-mile, 91st annual race was a sea of color as it snaked its way up and down the city’s famous Hayes Street hill. World-class runners meshed with costumed participants in one of the nation’s oldest and largest footraces. 

James Koskei, the defending champion from Kenya, shaved 16 seconds off last year’s time to finish in first place at 34 minutes, 3 seconds, with his competitors, Tom Nayariki (34:05) and Simson Limareng (34:06) coming in right behind him. Kenyans swept the top nine spots in the race. 

“The race was very, very competitive,” Koskei said. “Competitors were stronger than last year.” 

The top woman finisher was Luminita Talpos of Romania at 39:15. She narrowly avoided a collision when the fleet-footed Microsoft-sponsored centipede in front of her stumbled on the final stretch. A centipede is a team of runners tethered together and competing as a unit, often with the unspoken goal of trying to beat the fastest woman. 

But for the majority of runners, many of whom were lugging picnic baskets and beer kegs, it was all about huffing it to the finish line at Golden Gate Park where they would kick back on the grass with friends and family to enjoy food and music. 

“We’re going to have a barbecue at the end,” said Adam Conway of San Diego, holding a plastic battle shield and pushing a Roman chariot equipped with a grill, keg, doughnuts and sausage. 

OAKLAND — Attorneys for FBI agents and Oakland police officers said the officers acted within reason and did not violate the constitutional rights of two Earth First! activists injured when a bomb went off in their car in 1990. 

Closing arguments were given Friday in the officers’ federal civil trial and the case was given to a jury. 

The law enforcement agents are accused of violating the civil rights of Judi Bari and Darryl Cherney, both injured in the 1990 bombing. Bari and Cherney were arrested after the bombing on suspicion of possessing and transporting the bomb, but no one was ever charged. 

Attorneys for the defense said officers conducted a thorough and reasonable investigation. 

“With what they knew at the time, it was reasonable to make the decisions they did,” Oakland attorney Maria Bee, who is representing the three policemen in the case, said in closing arguments. “There was a fair probability to believe they were knowingly transporting the device.” 

Cherney and Bari filed suit, alleging false arrest, illegal search, slanderous statements and conspiracy. Bari has since died of cancer, and her estate has pursued the suit. 

Justice Department attorney Joseph Sher, who was defending the six FBI agents, said the federal agents and local officers were not conspiring, but sharing information. 

“I ask you if you want a world where officers investigating (what is) indisputably a crime conceal evidence from each other,” he said to the jury. 

The plaintiffs had also accused the officers of lying, for instance, in saying in a search warrant that the bomb had been clearly visible to Cherney and Bari in the back of the car. 

But the defense argued that based on the information at the time of the bombing, it was a reasonable conclusion that the bomb was visible. Four bomb technicians who examined the car came to the same conclusion, Sher said. 

“Based on the information that was available ... it’s all consistent with the bomb being where the warrant says it was,” Sher said. 

The plaintiffs had also charged that the FBI and Oakland Police Department regarded Earth First! as a terrorist group, illegally targeted the group to stop its activities and engaged in a smear campaign against the two activists and Earth First! 

Bee said that was untrue. 

“They had never heard of these people or their organization,” she said. “Why would they risk their careers to frame someone?” 

The defense also denied Bari and Cherney’s assertions that they were nonviolent and did not engage in sabotage. Bari and Cherney had renounced tree-spiking, but Sher pointed to a road-spiking kit found in Cherney’s car, and Bee pointed to the song “Spike a Tree for Jesus” that Cherney wrote and sang during testimony. 

Cherney’s attorneys apologized for the song during their closing arguments Thursday. 

But Bee took exception to the claim of peacefulness and the comparison that the activists made to civil rights activists in the 1960s 

“They didn’t sing songs about hurting other human beings,” Bee said of the civil rights activists. “That nonviolence is a charade.” 

RENO, Nev. — Don’t put away the winter jacket just yet. 

The National Weather Service has issued a winter storm watch for all of Monday in the Lake Tahoe area, where snow was expected to force chain restrictions over Sierra passes. 

Through Tuesday, the weather service was calling for 6-12 inches of snow above 7,000 feet and 3-6 inches of snow below that from the late-season storm. 

“It will definitely seem like winter again,” said weather service forecaster Tom Cylke. “It’s not out of the question to see an inch or so of snow in Reno.” 

High winds in advance of the storm caused a blinding dust storm that triggered three separate injury accidents late Sunday afternoon on U.S. 50 about 20 miles east of Carson City, the Nevada Highway Patrol reported. 

The highway was shut down near Stagecoach after the accidents sent four people to a Carson City hospital with minor to moderate injuries, Trooper Pat McGill said. 

On Sunday night, troopers also responded to a nearby crash involving at least nine vehicles on U.S. 95A five miles south of Silver Springs, McGill said. 

SAN FRANCISCO – A Canadian company has called for an investigation into stock option trades in a brokerage account held by a Banc of America Securities analyst. 

The company, Biovail, has questioned analyst Jerry I. Treppel’s objectivity because he owned undisclosed shares in one of Biovail’s competitors, AndrxCQ Group. Banc of America Securities does not require analysts to disclose their holdings in companies that they research. 

The San Francisco Chronicle reported Saturday that Treppel was placed on administrative leave Monday. 

Banc of America spokesman John Roehm, said UBS PaineWebber confirmed that Treppel’s account was managed there and that Treppel had no control or input into trading investment decisions or timing. 

Treppel owned 21,000 shares in Andrx and gave the company a “buy” rating five times last year. He downgraded Biovail to a “sell” rating on April 29. Just before Treppel’s downgrade of Biovail, the company’s earnings report beat Treppel’s estimate and the Wall Street analyst consensus. 

The Chronicle, citing unidentified sources who reviewed records of the account, reported that 35 complicated options trades occurred just before, and sometimes on, the days Treppel gave Andrx positive reports, netting about $100,000. 

“We have been concerned by the contradictory coverage of both Andrx and Biovail,” said Biovail spokesman Michael Sitrick in a prepared statement. “The information made public today is alarming and we believe calls into question the objectivity of all reporting by Mr. Treppel.” 

Biovail called for the investigation Thursday. 

But Banc of America Securities maintains Treppel’s research and downgrade were sound, but placed him on leave because of comments he made to the media about Biovail’s legal strategy.

REDWOOD CITY – Internet software maker BroadVision Inc. is wheezing like another high-tech company down to its last gasp after firing nearly three-fourths of its work force and losing $25 billion of its market value in two years. 

Nevertheless, BroadVision Chairman Pehong Chen insists the Redwood City-based company is just getting its second wind. 

“We want people to take us seriously again. What better vindication could there be than proving the world is wrong about you?” Chen said last week after introducing a new version of software that is supposed to herald the company’s revival. 

BroadVision is among a handful of fallen Internet stars trying to rise again. 

The themes of their comeback attempts are strikingly similar. The top executives humbly acknowledge that they got carried away in the dot-com boom and then explain how they have created leaner, more agile companies that are being overlooked in the pervasive gloom of the bust. 

“It’s like we were beneficiaries in this big wave of hype and now we are suffering in all the confusing counter-hype,” said Chen, whose personal fortune has plunged by $5.3 billion during his company’s descent. Chen, 44, owns nearly 20 percent of BroadVision’s sagging stock. 

Wild mood swings are common in the volatile technology industry, but the shift has been much more dramatic during this cycle because the stakes in the dot-com craze were so large, said Tim Miller, president of Webmergers.com, a consulting service that tracks the Internet economy. 

“It’s been like a pendulum on steroids. It really got out of control in both directions,” Miller said. 

There are signs the shakeout is almost over. Internet merger and acquisitions totaled $2.7 billion in April, the highest total in six months, according to Webmergers’ data. Meanwhile, just 12 Internet companies closed or declared bankruptcy in April, the lowest number since August 2000. 

Analysts still believe much of the pessimism surrounding BroadVision is warranted. 

“They have wasted a lot of resources on a lot of dead ends,” said industry analyst Paul Krieg of Legg Mason. “All hope isn’t lost, but they have their work cut out to prove they will be around for the long run.” 

Founded by Chen in 1993, BroadVision emerged as a hot commodity in the late 1990s with e-commerce software that helped handle online customers. 

BroadVision’s business began to slump badly in late 2000 with the failure of so many online retailers. Analysts say the company also was hurt by problems with its software and increasing competition. 

After turning an $18.8 million profit on revenues of $115.5 million in 1999, BroadVision lost a total of $997.9 million during the last two years. The company lost another $36.1 million in this year’s first quarter when its new software sales totaled just $8.2 million — an 81 percent decline from the same time last year. 

Both BroadVision’s stock and work force have shriveled during the downturn. 

The company’s shares peaked at $93.29 in early 2000. The shares closed at 94 cents May 17 on the Nasdaq Stock Market. To avert a possible delisting from the Nasdaq, BroadVision is seeking shareholder approval for a reverse stock split that would increase its stock price, at least temporarily. 

To stay afloat, BroadVision has pared its payroll from a peak of 2,400 employees to about 700 workers. 

As of March 31, BroadVision still had $174 million in cash, which Chen says will be more than enough to keep the company alive until it meets its goal of breaking even by the end of the year. 

BroadVision is pinning its hopes on a new generation of its software, designed to make it easier for companies to provide online services to customers, employees and suppliers. Chen is so confident about the new software that he expects BroadVision to begin hiring new employees again by early next year. 

Despite his optimism, Chen seems to recognize he needs help. On May 15, he hired an industry veteran, Andrew J. Nash, as BroadVision’s first chief operating officer. Nash’s hiring follows the abrupt departures of two top BroadVision executives, Nancy Mills-Turner and Chris Grejtak, earlier this year. 

Industry analyst Krieg said it is unlikely Chen will ever step down as BroadVision’s chief executive, even if the company’s business continues to deteriorate. 

“This is personal for Pehong,” Krieg said. “He was viewed as a visionary on the way up and now he wants to prove he still knows how to run a viable company.”

SAN FRANCISCO – Security Pacific National Bank and Bank of America trust fund customers could end up receiving $40 million more for overcharges between 1975 and 1994, following a federal appeals court ruling. 

The Ninth U.S. Circuit Court of Appeals ruled Friday that the customers were entitled to the profit the banks got with the excessive fees. 

Customers have already been paid $41.8 million in interest and refunds. The court said the customers should receive a proportionate share of the bank’s profits during the years they were overcharged, and an attorney for the customers estimated that could be about $40 million. 

The suit was originally filed to recover the money the holders of about 2,500 trust funds with Security Pacific National Bank lost in nine fee increases between 1975 and 1990. The increases were not authorized by the court. 

Bank of America acquired Security Pacific in 1992, and did not stop the overcharges until 1994.

SAN FRANCISCO – The San Francisco Police Department is struggling to solve violent crimes and ranks last among the nation’s 20 largest city’s in doing so, according to a study of crime statistics. 

From 1996 and 2000, the SFPD solved just 28 percent of the city’s rapes, murders, shootings and other violent crimes, a San Francisco Chronicle analysis published Sunday revealed. 

That is the lowest crime solution rate for that time period among the nation’s 20 largest cities. 

San Francisco has more resources and less crime than many other large cities, but police have only managed to solve half the city’s murders and less than a third of the rapes. 

Police Lt. Harry Hunter said for many violent crimes reported, an investigation might not get off the ground. 

“Unless we have a named suspect, we’re not going to assign the case,” Hunter said. “The solvability is too low.” 

Police Chief Fred Lau said he was unaware that police inspectors routinely declined to investigate violent crimes. 

“That’s not the proper attitude, that’s not the proper procedure,” Lau told the Chronicle. “If the victim or a witness takes the time to report a crime, and we encourage people to report crimes, then the police department should do everything it can to assist that person.” 

Narcotics detail supervisor Lt. Paul Chignell said stopping crimes before they occur is the department’s primary focus. 

“What we have done in the department over the last two years ... is engage in a broad series of innovative approaches to attacking violent crime. It is not just about clearing cases and assigning cases to an investigator,” Chignell said. 

One of those new approaches is bringing in known gang members in for meetings where they are warned by law enforcement officers to shape up and avoid committing crimes that might land them in prison. 

The Chronicle found that staff cuts, budget constraints and the lack of formal performance standards in the Inspectors Bureau were among the chief reasons for the department’s poor record on crime solving. 

Budget concerns mean inspectors often go without basic tools such as portable radios, cell phones and cars. 

It is hard for the department to determine where the weak links are. Inspectors are not evaluated on performance, but are instead only required to provide a monthly account of their activities, the newspaper’s research found. 

All of these shortcomings have led to a dismal display of crime solving. At no time in the past decade have San Francisco police solved or cleared more than 30 percent of the city’s violent crimes. 

Police Chief Lau said he is trying to coordinate better communications with other city departments to address the problem. 

“We have asked for on-call D.A.’s, we have been asking for on-call judges, we have been asking for night court, we have been asking for weekend court,” Lau said. “We need the whole criminal justice system to work together.” 

Other cities have fared better in solving violent crimes. 

Of California cities with populations of 200,000 or more, Anaheim tops the list with its police department solving 75 percent of violent crimes. San Diego is second best, solving 63 percent of its crimes, while San Jose ranks third with 61 percent of violent crimes cleared.

Construction was slated to start this week, but now officials say it may not start at all 

HAYWARD – Plans to begin construction on a new power plant in Hayward this summer have been changed. 

Instead of construction beginning this summer, the plant now may not be built at all. 

Calpine’s planned 600-megawatt Russell City Energy Center will not be up for approval by the state Energy Commission until August at the earliest. 

The plant was pitched during the state’s energy crisis. But recent upheaval in the power market means the project is on hold. 

“What changed? Where do we start?” said Calpine spokesman Kent Robertson. “The energy crisis has taken an odd turn and turned the power market upside down.” 

Calpine isn’t sure now whether it would be able to get the $300 million dollars in investment backing to cover construction costs. 

If it were built, the new plant would plug into PG&E’s Eastshore substation. Preliminary studies show that the transmission lines may not be able to handle the proposed plant’s production under certain circumstances. 

The Energy Commission and the Independent Service Operator suggest that replacing the lines would be the best way to address the load problems, according to the commission’s report. 

The approval process has also been somewhat hampered by a disagreement over what improvements Calpine would make to surrounding wetlands in the area.

Newfound wealth in Silicon Valley contributing to big increase in car ownership 

ATHERTON – There are more cars than people of driving age in this leafy pocket of Silicon Valley. 

If Los Angeles jump started America’s car culture, wealthy Atherton is one in a cluster of cities between San Francisco and San Jose that has revved the auto obsession into high gear. 

“The problem with having too much money is you can’t spend it quick enough,” says Del Boscacci, who as owner of Highway One Classic Automobiles sells exotic cars to area collectors. “At least in this area, buying toys, it’s too easy.” 

Atherton has 5,500 residents over age 18 — and at least 5,680 cars, according to census numbers. 

The total is probably even higher: just over half the houses have at least three cars. This in a town where the average household registers less than three people but has more than eight rooms. 

Alongside the town of Woodside and Los Altos Hills, Atherton easily tops other would-be California car capitals — including Beverly Hills, Malibu and Carmel. 

Credit the collectors, but also the families with a car for every occasion. 

“They’ll have a family wagon and the personal business sedan,” laughs Boscacci, who himself has six cars. “Then they’ll have a big SUV to go to Tahoe to tow their boat with, and the kids will have a car, and the maid will have a car.” 

The local phonebook lists more antique auto outlets like Boscacci’s than there are dealers of any ilk in entire California counties. 

“The dealers of the exotics are here. We’re not talking Toledo,” says Gil Gilfix, executive director of the Palo Alto Concours d’Elegance at Stanford. 

There’s no logical explanation for the plethora of cars, says Gilfix, who surveyed attendees at his prestigious show and found 60 percent had at least three. 

“Emotion is probably the biggest thing,” says Gilfix, who shares four cars with his wife. “They don’t need five cars.” 

Still, Boscacci says he has clients who keep adding to their collection that already number two dozen classics. Good for them, he says, but it’s a little much if all they do is take up space. 

“If it’s just going to sit in your garage and you’re going to polish it, go buy a Picasso,” says Boscacci. “Put your honey next to you and go for a drive.”

Graduation ceremonies kicked off Friday at UC Berkeley's Greek Theatre with words of wisdom for the Class of 2002 from professors, alumni and an Olympic gold medalist. Thousands of parents, alumni, faculty and friends watched and cheered as a portion of the university's 6,000 graduating seniors donned caps and gowns and participated in the commencement convocation. 

Olympic gold medalist Jonny Moseley was selected by the Class of 2002 to give the keynote address. Though many questioned Moseley's selection, noting past keynote speakers such as Janet Reno and Madeline Albright, Moseley delivered an open and straightforward speech to the delight of many.  

“When I first got the call about speaking at the commencement, I thought 'What, me speak? Is Maya Angelou speaking at the X Games? What's happening here?” said Moseley. 

Moseley, named the U.S. Olympic Committee Sportsman of the Year in 1998, both explained the technicalities of his famed 720 degree ski jump, AKA “the dinner roll,” and followed with a message for the Class of 2002 about determination and achieving personal happiness.  

“The experts will give you your diploma today, but be free in the way you measure your success. Turn your competition inward and you will own your own happiness,” advised Moseley.  

Attendees of the ceremony commented that among the speakers, UC Professor of Anthropology and Folklore, Alan Dundes provided the most entertaining speech though Moseley was not far behind. 

“I think everyone who attended today's ceremony gained a great deal of respect for Moseley. He struck all the right cords. He was entertaining but he also had a message,” said Chris Brown, a graduating senior with a degree in Arabic language and literature. 

UC Berkeley Chancellor Robert Berdahl addressed the graduating seniors, who will have to wait about six months before they can pick up their real diplomas in Sproul Hall, and congratulated the class for its many accomplishments. 

“My hat is off for all the achievements represented in this class. You've got a Cal education, there's no greater achievement than that starting out in life,” said Berdahl. “You're leaving here wiser, poorer, but wonderful people.” 

Berdahl also noted that Moseley was not so different from last year's keynote speaker Janet Reno, as each had previously been selected as hosts for “Saturday Night Live.” 

Dundes entertained attendees with his explanation of our cultures obsession with threes, citing the three social classes, three branches of government, the three divisions of the metamorphic continuum and even the division of the small intestine into the duodenum, the jejunum and the ileum. 

Dundes also urged Cal's graduating class not to forget finding pleasure in the present and to try not to be blinded by the future. He explained that today's society places too great an emphasis on future goals, degrees and advances, preventing one from enjoying the moment. 

Shayna Parekh was named University Medalist at the ceremony and opened her speech by turning to Moseley and claiming “mine is bigger than yours.” 

Parekh, who hopes to pursue a career in social planning in developing countries, dedicated her speech to “the 800,000 human beings who lost their lives one sordid summer in Rwanda; to the 3,000 souls whose heinous deaths on Sept. 11 were penetrating indications of an even more heinous foreign policy.” 

Parekh challenged attendees of the commencement to begin to understand the perspectives and sufferings of others here and around the world. 

According to Meg Masquelier, a graduating senior, the day's ceremony included a strong and well-organized group of speakers. “I liked the variety of speakers. I thought it was neat that they included people from different backgrounds, different interests and world perspectives,” said Masquelier.  

Early in the day many were skeptical concerning Moseley's selection. 

“When I first heard he was giving the speech I was a little disappointed but it hasn't stopped me from coming out today, there's a lot of excitement anyway,” said Ben Garosi, a graduating senior with a degree in economics. “I would have liked to seen someone who graduated from college though.” 

“I heard they chose him because he was uncontroversial. Personally, I don't really care. I just hope he gives a good speech,” said Eugene Juan, a senior graduating with a political science degree.  

After the ceremony, however, many were pleased with Moseley's performance. 

“I thought it was cool that Moseley had a good sense of humor. He was very honest and straightforward,” commented Masquelier. 

Joyce Nussbaum attended the ceremony to watch her daughter, Charlotte, a Molecular Cell Biology major, pass from student to graduate but commented that the ceremony was set up differently than she had expected.  

“Other schools have one day with a huge graduation with all the students,” said Nussbaum.  

Ceremonies at UC Berkeley run for three weeks as each department holds an individual ceremony. 

Most attendees expressed approval with the day's ceremonies though, as Jenny Vega noted, some of the speeches could have been condensed. 

“Everything was great but I think some of speeches needed to be shorter,” said Vega.

In 1896 the first motion picture in the United States was presented to the public in a New York City music hall, and for the next decade most films were shown as fillers in travelling vaudeville shows. The films were short and the subjects — such as dancing girls and moving trains — were limited. Partially because of lawsuits over patent infringements, the U.S. film industry lagged behind France and England until there was a patent settlement in 1908. 

In 1905 the first theater devoted exclusively to movie pictures opened in Philadelphia. It was called a "nickelodeon" because the entrance fee was a nickel. Theaters devoted exclusively to films were a sign of the industry’s growth, and by 1908 there were thousands of nickelodeons across the country. 

Early movie theaters were commonly located in converted storefronts; Berkeley had approximately 12 of these theaters in the period between 1908-1911. As movies improved and the industry grew, the motion picture theater as a specific building type developed. 

Between 1911 to 1917 theaters became larger, more elaborate and were built of fireproof materials such as brick and concrete. Eight movie theaters were constructed in Berkeley during this period and three are still standing: the Elmwood (1914), the California (1914) and the UC Theater (1917). (In 1995 Berkeley’s then oldest surviving theater, the Berkeley Theater (1911), was demolished.) 

The UC Theater is the only one, of the three oldest surviving theaters in Berkeley, which has not undergone extensive remodeling and conversion into a multiplex. Although its original brick facade has been covered with stucco and painted, it retains its original decorative elements. On the interior, although redecorated from time to time, the configuration of the entrance foyer, inner foyer and open auditorium is unchanged. The large auditorium once had seating for 2,200. 

The UC Theater was designed by James W. Plachek, who was also the architect for the original section of Berkeley’s Main Library (1930) and the Martin Luther King Jr. Civic Center Building (1938). John English, historian and author of the landmark application for the UC theater, noted that the design of the UC Theater building is unusual. It is a U-shaped, mixed-use building consisting of the theater auditorium in the rear wing, with the theater entrance and storefronts, with offices on the second story, in the front wing facing the street. In this way the large auditorium space is discretely tucked into the middle of the block. The theater was recently designated a Berkeley landmark. 

Although the theater closed in 2001, it will be open for the next several months as a temporary home to the Shotgun Players. 

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

Saturday, May 18

The Edible Schoolyard Plant Sale 

10 a.m. to 2 p.m. 

Buy flowers, fruits and vegetables from the Edible Schoolyard kitchen and garden 

Bring a container for free municipal compost 

Martin Luther King, Jr. Middle School 

1781 Rose St. at Grant St. 

Berkeley 

Strawberry Tasting & World Harmony Chorus 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Writer as Publisher: Independent Publishing Seminar 

Learn how at this all day seminar. 

9 a.m. - 4:30 p.m. 

Asian Cultural Center 

Pacific Renaissance Plaza 

388 Ninth Street 

Oakland 

510-839-1248 or www.writeraspublisher.com 

League of Woman Voters 

Call to annual meeting 

10:30 a.m. to 2 p.m. 

Northbrae Community Church 

941 The Alameda 

Please call to reserve a lunch ($11) and/or request a ride. 

843-8824 

3rd Annual Satsuki Arts Festival and Bazaar 

The Berkeley Buddhist Temple 

Featuring Bay Area and National Taiko drumming ensembles and Kenny Endo from Hawaii 

Monday, May 20

Build Your Dream-House for a Song 

author David Cook. 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Berkeley Gray Panthers 

Home owners meeting. Chuck Durrett of Co-Housing tells about his program. All welcome. 

3 p.m. 

Berkeley Gray Panthers office 

1403 Addison St. (behind Andronico's on University) 

548-9696 

Tuesday, May 21

Fibromyalgia Support Group 

Herbal Alternatives and Drug Interactions for Fibromyalgia 

Noon to 2 p.m. 

Alta Bates Medical Center, Maffly Auditorium - Herrick Campus 

2001 Dwight Way 

644-3273 

Free 

The Art of Practice with Tom Heimberg 

Violinist with the SF Opera, Tom offers an overview that applies to all instruments. 

Musicians Union Local 6 

116 Ninth St. at Mission 

San Francisco 

415-575-0777 

$10 and free to local 6 members 

Strawberry Tasting 

Tasting & cooking demonstrations 

Berkeley Farmers' Market 

10 a.m. to 3 p.m. 

Derby Street at Martin Luther King, Jr. Way  

Free 

Arthritis Month Special 

Herbal alternatives & drug interactions for Fibromyalgia. Dr. Anita Marshall, Pharm.D., l.Ac 

12 to 2 p.m. 

Alta Bates Medical Center 

Maffly Auditorium- Herrick Campus 

2001 Dwight Way 

for more info: 644-3273 

Wednesday, May 22

Healthful Building materials 

Seminar by Darrel DeBoer 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Thursday, May 23

Secrets of Search Engine Marketing 

A workshop held by The Sustainable Business Alliance 

8:30 to 11:30 a.m. 

Holiday Inn Express 

1175 University Avenue 

451-4001 

Senior Men's Afternoon 

Gay senior men discussion group, 2nd & 4th Thursdays. 

Pacific Center 

2712 Telegraph Ave. 

510-548-8283  

Free 

Fishbowl: "Everything you always wanted to know about the opposite sex but were afraid to ask" An opportunity to ask anonymous questions in a confidential and supportive environment. 

7:30 to 9:30 p.m. 

Berkeley Richmond Jewish Community Center 

1414 Walnut St., Berkeley 

510-848-0237 X 127 

$8-$10 

Attic Conversions 

Seminar by architect Andus Brandt 

7 to 10 p.m. 

Building Education Center 

812 Page St., Berkeley 

$35 

Friday, May 24 & 25

Cherokee Artist: John Balloue 

paintings depict scenes from historic & contemporary Cherokee history, as well as pow-wow and spiritual images. 

Gathering Tribes 

1573 Solano Ave. 

528-9038 or www.gatheringtribes.com 

Saturday, May 25

Word Beat Reading Series 

All kinds of entertainers come together. Featuring Kera Abraham and Ruth Levitan 

7-9 p.m. 

458 Perkins at Grand, Oakland 

Free 

Alice Waters "Chez Panisse Fruit" book signing 

10 a.m. to 3 p.m. 

Berkeley Farmers' Market 

Center Street at Martin Luther King, Jr. Way 

Children's Movies 

Pinnochio (in English) 

Shows at noon & 2 p.m. 

The Actor's Studio 

3521 Maybelle Ave. 

Oakland 

510-530-0551 

$3 

6th Annual Sidewalk Chalk Art Festival 

Everyone's welcome to participate in covering Solono's sidewalks with chalk art. Featuring refreshments and entertainment. Artist's chalk and a Polaroid of the finished work are available for a fee. To encourage early registration, a raffle for merchandise by local business will be held for the artists at noon.  

Registration at Peralta Park, 9 a.m. - 5 p.m., 1561 Solano Ave. Berkeley. 

For more information: 510-527-5358, www.solanoave.org. 

Free 

Cain & Abel- 1st Annual Stop the Violence Gospel Festival 

In Memory of Children Killed by Senseless Violence 

St. Andrews Baptist Church Gospel Choir, Family in Unity Gospel Choir, Our lady of Lourdes’ Men Gospel Choir, Lorrain Taylor, Michael Nelson, Praise Dancers, Testimonials, Display of Homicide Quilt, presentation by Students of Malcolm X Academy, Sermon by Rev. Ishmael Burch Jr., LeDoursey’s “Gone But Not Forgotten” Sky, Ronald DeVoyce Blackburn’s From-the-Cradle-to-the- Grave memorial candles, The Homicide Names Banner and Holman “Bob” Turner’s photographs of parents at the graveside or location where their child was killed. 

Noon- 6 p.m. 

St. Andrews Baptist Church 

2565 Post Street (at Lyon) 

San Francisco 

415- 292-5157 or 415-346-6500 

Free- contributions and donations appreciated 

LOS ANGELES — Mexican singer Paulina Rubio has topped People en Espanol’s list of the ”25 Most Beautiful” Latin entertainers. 

The Spanish-language offshoot of People magazine announced Tuesday that next week’s cover will feature the singer, whose album “Paulina” was a top-seller on last year’s Latin music charts. 

“Paulina is not only beautiful and sexy but she has that star-quality that will certainly put her on the map.... She is destined to be the next breakout performer,” said Angelo Figureoa, managing editor of People en Espanol. 

The 30-year-old pop star and former Mexican television actress is set to release her first English-language album, “Border Girl,” in June. 

Others named to the fifth annual list include Grammy-winning Spanish singer Enrique Iglesias, “NYPD Blue” actor Esai Morales, “Rush Hour 2” co-star Roselyn Sanchez, “The Other Half” co-host Mario Lopez and “The Sopranos” co-star Jamie Lynn Sigler. 

The magazine’s ”25 Most Beautiful” cover featured Colombian pop star Shakira last year. 

"What Cats Know" by Lisa Dilman 

Directed by Rebecca J. Ennals. Four thirty-somethings play a game of gotcha with unexpected consequences.  

Through June 8. 

Thursdays- Saturdays 8 p.m. $20, 

Sundays 7 p.m.- Pay what you can 

Transparent Theater 

1901 Ashby Avenue 

510-883-0305 

www.transparenttheater.org 

Impact Theatre's Love Is The Law 

La Val's Subterranean Theatre 

World-premiere of Impact Theatre's new romantic comedy play featuring David Ballog. 

Through June 9. 

For more information and reservations: 510-464-4468, www.tickets@impacttheatre.com 

$12 general, $7 students  

“Time Out for Ginger” May 10 through Jun. 1: The Actor’s Studio presents the famous comedy that sketches the tumult in a family that includes three teenage daughters, one of whom insists on trying out for her high school football team. $12. Check theater from dates and times. The Actor’s Studio’s Little Theatre, 3521 Maybelle Ave., Oakland 

“Homebody/Kabul” Apr. 24 - June 23: Berkeley Repertory Theatre presents Tony Kushner’s play about a women who disappears in Afghanistan and the husband and daughter’s attempts to find her. $38-$54. Call ahead for times, 647-2949, www.berkeleyrep.org.  

“Murder Dressed in Satin” by Victor Lawhorn, ongoing. A mystery-comedy dinner show at The Madison about a murder at the home of Satin Moray, a club owner and self-proclaimed socialite with a scarlet past. Dinner is included in the price of the theater ticket. $47.50 Lake Merritt Hotel, 1800 Madison St., Oakland, 239-2252, www.acteva.com/go/havefun. 

Berkeley Opera Presents 

Vivian Fine’s “The Woman in the Garden” 

One of America’s most highly regarded composers, Vivian Fine, has crafted a libretto from the writing of four women artists; Emily Dickinson, Isadora Duncan, Gertrude Stein and Virginia Woolf. Solos, duets, trios, and quartets express these innovative, non-conforming rebels, individual musings and struggles, revealing both social isolation and spiritual community of their artistic lives. Singers are supported by a nine-piece chamber ensemble 

May 23 - May 25, 8 p.m. 

Hillside Club 

2286 Cedar (at Arch St.) 

$30 General, $25 Senior, $15 Youth and Handicapped, $10 Student Rush 

Charge by phone: 925-798-1300 

Information: 510-841-1903, www.berkeleyopera.com 

Saturday, May 18 

The Oakland East Bay Gay Men's Chorus third annual spring concert, "Turn the World Around" Celebration of spring and welcome to summer with love songs and traditional favorites. 

May 18, 8 p.m., Lake Merritt United Methodist Church, 1330 Lakeshore Ave., Oakland and 

May 19, 7 p.m., Crowden School, 1475 Rose St.  

Suggested donation is $15 at the door; $12 in advance. (510) 239-2239, ext. 2576, www.oebgmc.org.  

Music Fair & Special Family Concert 

A delightful day of free performances, demonstrations, contests and entertainment! Oakland Youth Chorus, Purple bamboo Orchestra, Skyline High School Jazz Combo, Tim Cain, Instrument Petting Zoo & More. Explore musical Instruments, music schools & camps, Local Choirs & orchestras and other music resources. 

Family Concert 2 p.m.  

Calvin Simmons Theatre 

Music Fair Noon-5 p.m. 

Henry J Kaiser Convention Center Arena 

Oakland  

510-444-0801, www.oebs.org 

Concert $7 adults, $5 under 18, music fair- Free 

Margie Adam 

Singer, composer, pianist, activist 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$17.50 advance, $18.50 at the door 

Sunday, May 19 

Jazz On 4th 

6th Annual jazz on Forth, a benefit for Berkeley High School Performing Arts. Balloons, Raffle, Face Painting. Free Live Performances by The Berkeley High Jazz Ensemble & Combo, Big Belly Blues Band, Jenna Mammina Quartet, Jesus Diaz with Sabor A Cuba. 

12:30 to 4:30 p.m. 

Forth Street Between Hearst and Virginia 

For more information 510-526-6294 

Free 

Flamenco Fiesta 

David Serva, Miguel Funi, Clara Mora, Jose Torres de Moron 

5 to 5:45 Spanish wines & snacks from The Spanish Table, Supper served at 7:30.  

Montero's 

1401 University Ave. 

Reservations 526-3467 

$35 

Hurricane Sam with Matt Eakle 

Blues, jazz, boogie-woogie piano 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at the door 

Monday, May 20 

Live Music- Renegade Sidemen, with Calvin Keyes, Dave Rokeach & friends 

8 p.m., 2nd show 10 p.m. 

Anna’s Bistro 

1901 University Ave. 

Berkeley 

510-849-ANNA 

Tuesday, May 21 

Open Mic 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

Wednesday, May 22 

Yonder Mountain String Band  

Hard Chargin' bluegrass 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$19.50 advance, $20.50 at the door 

Thursday, May 23 

John Reischman & the Jaybirds 

Mandolin virtuoso & red-hot bluegrass ensemble 

Doors 7:30, show 8 p.m. 

Freight & Salvage  

1111 Addison St. 

510-548-1761 

$15.50 advance, $16.50 at the door 

Variety Preview Room Art Opening 

Wine & cheese reception showcasing WPA (Works Progress Administration) muralist James Daugherty. Hosted by Variety, a children’s charity started in the depression when a baby was left in a Vaudeville Theatre with a note pinned to her, pleading for help. In this time of economic uncertainty and patriotism please join for viewing this special collection of WPA murals. 

Wednesday, May 22, 5 to 7 p.m. 

Variety Preview Room 

582 Market St. at Montgomery, San Francisco  

415-781-3894 

“The Art History Museum of Berkeley” Masterworks by Guy Colwell. Faithful copies of several artists from the pasts, including Titian’s “The Venus of Urbino,” Cezanne’s “Still Life,” Picasso’s “Woman at a Mirror,” and Botticelli’s “Primavera” Ongoing. Call ahead for hours. Atelier 9, 2028 Ninth St., 841-4210, www.atelier9.com. 

“Masterworks of Chinese Painting” Through May 26: An exhibition of distinguished works representing virtually every period and phase of Chinese painting over the last 900 years, including figure paintings and a selection of botanical and animal subjects. Prices vary. Wed. - Sun. 11 a.m. - 7 p.m. The University of California, Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-4889, www.bampfa.berkeley.edu 

“Marion Brenner: The Subtle Life of Plants and People” Through May 26: An exhibition of approximately 60 long-exposure black and white photographs of plants and people. $3 - $6. Wed. - Sun. 11 a.m. - 7 p.m. The University of California, Berkeley Art Museum and Pacific Film Archive, 2626 Bancroft Way, 642-0808, www.bampfa.berkeley.edu 

“The Image of Evil in Art” Through May 31: An exhibit exploring the varying depictions of the devil in art. Call ahead for hours. The Flora Lamson Hewlett Library, 2400 Ridge Rd., 649-2541. 

“The Pottery of Ocumichu” Through May 31: A case exhibit of the imaginative Mexican pottery made in the village of Ocumichu, Michoacan. Known particularly for its playful devil figures, Ocumichu pottery also presents fanciful everyday scenes as well as religious topics. Call ahead for hours. The Flora Lamson Hewlett Library, 2400 Ridge Rd., 649-2540 

“East Bay Open Studios” Apr. 24 through Jun. 9: An exhibition of local artists’ work in connection with East Bay Open Studios. Wed. - Sun. 11 a.m. - 5 p.m. Pro Arts, 461 Ninth St., Oakland, 763-9425, www.proartsgallery 

Complicated tie-breakers keep Berkeley in suspense as NCS playoffs loom 

The Berkeley High baseball team won its last game of the regular season on Friday, avenging an earlier loss to De Anza with an 11-0 demolishing of the Dons on their home turf in Richmond. But the win left the ’Jackets deadlocked with El Cerrito at the top of the ACCAL standings, and it’s yet to be determined which team wins the league championship through a complicated set of tie-breakers. 

Berkeley head coach Tim Moellering pored over the ACCAL rules on Thursday night and thought he figured that Berkeley had tie-breakers over both El Cerrito and Encinal, which were tied with Berkeley to start Friday’s games. El Cerrito beat the Jets, 5-4, to tie Berkeley at 11-3 in league play and 18-6 overall. 

“I went over the rules very carefully, and unless I’ve got a game result wrong I’m sure we’re the champions,” said Moellering, who pointed to his team’s sweep of fourth-place Pinole Valley as the determining factor. Berkeley and El Cerrito split with each other in league play, although the ’Jackets did beat the Gauchos in the San Marin Easter Tournament, a result Moellering said wouldn’t play into the tie-breakers. They both also split with Encinal, which ended the league season at 10-4. 

Moellering said the ACCAL office would have to decide the league champion before Sunday’s NCS seeding meeting. 

Declaring a titlist is pretty much a matter of semantics, as Berkeley and El Cerrito are likely to make the playoffs even without an automatic bid. But being named champs would give Berkeley a big leg up in the North Coast Section playoffs, as league champions get preference for a home game in the first round. If the ’Jackets do get a home game, it would likely be held at Cal’s Evans Diamond. 

“That’s very important. Just having the last at-bats is important in the playoffs,” said Moellering who expects a No. 6 seed in the NCS. 

No matter who is named league champion, Friday’s game was undeniably important for the ’Jackets. Other than the standings, there was a little matter of revenge for a shocking 4-1 defeat the Dons (14-9, 7-7) had dealt them in April. But they caught a break when De Anza’s John Schlager, who had shut them down in the first meeting, was ruled out because of tendinitis in his pitching arm. That left the mound work in the hands of Clint Tanaka, usually a reliever. 

Tanaka started the game inauspiciously, walking leadoff hitter Lee Franklin. The Berkeley second baseman stole second and took third on an error, but it looked as if Tanaka might escape the jam when he struck out DeAndre Miller and got Clinton Calhoun to pop out on the infield. But Matt Toma took care of Franklin and more, launching a two-run bomb onto the hill in leftfield, his first home run of the season. 

“We really didn’t want to come out here and lose to these guys again,” Toma said. “It never hurts to jump out on top early.” 

Berkeley would get four more runs off of Tanaka in the third inning, stringing together five singles. Franklin again got things started with a one-out single, then Miller did the same, and a double steal put them on second and third. Calhoun then dealt the big blow, although he did so by bunting the ball just 15 feet. Tanaka fielded the ball and thought about trying to get Franklin at the plate, then thought better of it and threw weakly to first, too late to get Calhoun. Miller never hestitated rounding third, however, and scored without a throw. 

“That squeeze broke (De Anza’s) backs,” Moellering said. “They just fell apart after that.” 

No kidding. After fielding immaculately in their win over the ’Jackets and just one error to that point in the game, the Dons made seven errors in the next three innings, handing Berkeley six unearned runs and making themselves the victims of the dreaded 10-run rule. 

Meanwhile, Moellering was rolling out his seemingly endless line of left-handed pitchers to shut down the De Anza offense. Senior Cole Stipovich started the game and worked out of jams in the second and third innings without surrendering a run, but Moellering decided to take advantage of the huge lead to get his seldom-used bullpen some work. He lifted Stipovich with two outs in the fourth in favor of fireballer Ethan Friedman, who wrapped three strikeouts around a single, then brought in Andre Sternberg for the final out, another strikeout. 

“The problem is that we have a lot of good pitchers, and they haven’t all gotten enough work with Sean (Souders) and Cole hogging all the innings,” Moellering said. 

For his part, Stipovich wasn’t happy about leaving what could be his last high-school start with a shutout intact, he understood why Moellering made the decision. 

“I know we have a great pitching staff from top to bottom, and we need to work everybody because we might need them,” Stipovich said. “You never know what will happen when you get into the playoffs.”

Berkeley is oft maligned by much of the nation for being divisive and living in a sort of time warp, but no more. A new monument is being developed in Cesar Chavez Park that will provide Berkeleyans not only with a sense of time but also of universal direction -- a solar calendar. 

The interim stage of the Cesar Chavez Memorial Solar Calendar is being finished up this week, as members of the East Bay Conservation Corps cleared a circular hilltop area and laid out stones to mark the seasonal position of the sun. The memorial not only honors Chavez, but is also intended as an educational and meditation center for Berkeley students and citizens. 

“We’re building Berkeley’s version of Stonehedge,” said Santiago Casal, the Chavez Memorial Calendar Project director. “It is an appropriate way to honor Chavez, not only because of his obvious ties with agriculture, but also because of his universal and meditative nature.”  

Chavez, a non-violent activist who spent his early life as a migrant laborer, found and led the only successful farm laborer’s union in U.S. history--the United Farm Workers of America. Casal says that agriculture is so intrinsically tied to the seasons, that a solar calendar was a fitting tribute to him. 

Visitors to the monument will be able to read and experience the progress of the seasons by standing in the center and tracking the sun, either at twilight or by reading the sun’s shadow via a center pole. “This gives people a universal perspective, which fits Berkeley. It also honors Chavez. He used to walk among the hills outside Yuma and consult with nature--he was a very meditative man.” 

The calendar is more than a memorial, it is also meant to serve as a field classroom and place of moral direction. “The whole focus is to engage students through service to honor Chavez,” Casal said. “Chavez was a man who dedicated his life to service, and this makes him an important role model to students.”  

The calendar’s cardinal points will each represent a virtue exemplified by Chavez. Though final decisions have not been made, they will likely represent courage, determination, hope, and tolerance. 

Field classes will be organized for students to come out and learn not only about Chavez, Latino heritage and attributed principles -- but also get the chance to learn about astronomy in an interactive way as they learn the workings of the calendar. The calendar consists of both outer and inner perimeters. The outer ring contains eight stones: two indicate true north and south, while the eastern and western horizon contain three apiece. The east/west horizon stones serve as a framework to read the seasons--the sun will rise and fall along the southernmost stones during winter solstice, and the northernmost at summer solstice. The middle of the three stones indicates the spring and fall equinoxes. 

The interim calendar, which is being finished this week, is a temporary structure. The final version of the Cesar Chavez Memorial Solar Calendar will work in the same way, only the stones will be replaced by earthen berms, with slotted alignments for the seasons. Both the berms, indicator stones, and the gnomic center will incorporate artwork of cultural and astronomical significance, according to Casal. He also says the final version is a few years away, depending on when an estimated $500,000 - $750,000 in funds is raised. 

In the meantime, people will be able to enjoy the primitive version of the calendar, thanks to the efforts of the Chavez Circle of Service -- the group responsible for making the project happen -- and the labor of the EBCC. 

Even the choice of the EBCC to work on the project reflects the “honor through service” that Casal speaks of. EBCC workers are young adults seeking to gain a high school diploma or equivalency while gaining work experience through paid service to the community. “The EBCC is a charter school education and training program,” said supervisor Bill Ritchie. “The program is a nice alternative for kids to work outdoors while getting their diplomas, and contributing to this memorial is especially significant.” 

A special commemoration ceremony for the interim calendar will be held on the summer solstice, June 21st, at sunset. It is located at the northwestern corner of Cesar Chavez Park in the Berkeley Marina. Everybody is welcome. 

Contact reporter Jamie Luck at jamie@berkeleydailyplanet.com  

To the Editor: 

In her letter about boycotting Saudi Arabia (May 10), Rachel Schorr speaks for some in the Jewish community who console themselves by stigmatizing as “anti-Semitic” any criticism by the press of the Israeli Government. Ironically, her revelations that a Saudi Arabian prince owns stock in AOL-Time Warner and that the BBC’s main reporter (whoever that might be) on the Middle East is married to a Palestinian is reminiscent of claims by anti-Semites that the world press, American politics and the global economy are manipulated by Jews. 

If Israel is (in Ms. Schorr’s words) portrayed in “a negative light,” it is because the Israeli government has wantonly killed innocent children, women and men and destroyed the homes, orchards, and meager infrastructure of the Palestinian homeland Israel illegally occupies. If anything, the American press has failed to fully report on the crimes of the Sharon regime. 

To its great credit, some elements of the Israeli press do provide both objective reporting and reasoned analysis of Israel’s folly. “Ha’aretz,” an Israeli newspaper that is published in print and online in Hebrew and English, is a reliable source of information and analysis that has been unsparing in its criticism of the government. 

Perhaps since “Ha’aretz” is not owned by a Saudi prince Ms. Schorr will entertain the notion that it is not anti-Semitic to expose and denounce Israel’s crimes; indeed, many Jews understand that it is their moral and religious responsibility to do so. 

- Joseph Stein 

Berkeley

What happens when catty people collide? 

Transparent Theater’s “What Cats Know” is an intricate portrayal of four Chicago friends who like to destroy one anothers’ lives for fun. It has echoes of Edward Albee’s “Who’s Afraid of Virginia Woolf” stamped into it indelibly.  

Playwright Lisa Dillman has crafted four characters – Gregory, Cass, Therese and Kent – who all seem unable and unwilling to truly present themselves to one another. Therese is an alcoholic who’s old friends with Cass who lives with Kent. Therese is also in love with Cass and Cass doesn’t seem to mind. Therese, however, can’t act upon her feelings, and so continually badgers Cass to sleep with Therese’s best friend Gregory, a self-obsessed and randomly cruel artist – the most predatory and cat-like of them all. 

Got all that? It seems like a lot to say all at once, but during the show relationships and patterns emerge at a natural, graceful pace. Ms. Dillman has packed her scenes with multiple layers of meaning, agendas and emotional risk. Her characters reveal themselves bit by bit and tend to misrepresent themselves as often as not in order to manipulate their friends. 

In fact, Ms. Dillman has given her characters so many varying paths that it’s difficult to say why they even stay together. In Albee’s play two of his characters only have to bear that perverse cruelty for a night – these characters have been cruel to each other for years and continue that cruelty over the months of the play. The final dissolution of the group into private pairs feels both long overdue and still not damaging enough. How they even manage to maintain the private pairings after the emotional wreckage around them has grown so vast is never thoroughly conveyed. Ms. Dillman is a very talented playwright who never stoops to the sitcom trick of explaining every emotional nuance, but the emotional ties between characters and why they hold up is as murky at the end of the play as it was at the beginning.  

Rebecca Ennals directs this fugue of relationship pain with the precision of a surgeon. Each scene is as self-contained and played as close to the vest as a hand of high-stakes poker. There are some awkward moments when power plays that are meant to be subtle appear brazen and adolescent. Luckily, these moments are few and are offset by tiny gems of honesty throughout the show. One moment with pool balls is a delight – and the closest thing to real caring in this show. 

Katharine Dunlop is admirable as the stalwart Cass a woman who seems completely reactive to her friends’ machinations until she pursues Gregory. Steve Gallion as Cass’s lover Kent slowly unfurls throughout the show in a fine performance. Lissa Colleen Ferreira is pitch perfect as the erratic and wounded Therese. One of the perks of co-founding your own theater company is the ability to cast yourself in good roles. On the other hand, when it works, it works. Tom Clyde, co-founder of Transparent Theater, plays such an emotionally villainous Gregory that I wouldn’t be surprised if his friends look at him askance after this role.  

All the actors seem at perfectly at home on Russ Milligan’s realistic set. Lorin King’s sound design echoes nicely with these emotionally bankrupt characters.  

While this play doesn’t have the emotional charge or explosions of Albee’s work, its taut script and excellent cast lets it sink its claws in you – deep.

FRESNO – The fifth-ranked Golden Bears (50-19 overall) won their 50th game of the season, only the third team to do so in Cal history, on junior Courtney Scott’s double to center in the bottom of the sixth inning to defeat No. 2 seed Stanford, 1-0, in the second round of the NCAA West Regional at Bulldog Diamond.  

In another classic pitching dual between two Pac-10 teams, senior Jocelyn Forest edged Stanford’s Tori Nyberg in the circle, striking out seven batters and walking none while shutting down the Cardinal for just four hits in seven games.  

“I think it was a great pitcher’s duel,” said Cal coach Diane Ninemire. “I thought we were struggling a little bit at the plate today. Courtney is the person you want up at the plate and she came through when we needed her.”  

“Jocelyn was really in command of her pitches today,” said Ninemire. “She and Courtney really mixed up the pitches.”  

Early on in the contest, Cal’s biggest threat came when the Bears’ Veronica Nelson was hit by a pitch with no outs in the bottom of the second inning. But after a Scott sacrifice bunt that moved pinch runner junior Roni Rodrigues to second, freshman Jessica Pamanian popped up to second and freshman Chelsea Spencer grounded to the pitcher to end the inning.  

Stanford (44-19) also threatened, getting a runner on base as a result of a hit batter. After a fielder’s choice by the Cardinal’s leading hitter Sarah Beeson, Kira Ching singled up the middle giving Stanford runners on second and first. Cassi Brangham, however, popped out to second base to end the inning.  

Nyberg had a one-hitter going into the 6th inning, but senior Candace Harper changed all that as she legged out an infield single with two outs. Nelson drew her 95th walk of the year, bringing up Scott. The Clovis native, playing in front of hometown fans, belted a double over the head of the center fielder to score Harper for the game-winner.  

“I knew Courtney would step up to the challenge and she did,” said Ninemire.  

Nelson broke the NCAA single season walk record, a mark she has re-recorded each of the last two years, with her first walk of the game in the fourth inning.  

The win over the cross-bay rival was sweet revenge for the Bears, as the Cardinal ousted Cal, 1-0, from last season’s College World Series.  

“Its pretty much an on-going battle (with Stanford),” said Forest. “You just keep it as is and adjust when they make changes. Today, Courtney and I changed it up a little bit and it worked.”  

The Bears are set to play the winner of the Fresno State and Cal State Fullerton contest today at 2:30 p.m. at Bulldog Stadium.

Five Berkeley High School students were among 140 East Bay girls at a young women’s health conference convened Friday afternoon by State Assemblywoman Dion Aroner, D-Berkeley, at Mills College in Oakland. 

“It’s about giving young women a place to come together and learn from each other,” said Rose Thomas, a BHS sophomore who worked with Aroner’s office to plan the event. 

The attendees, drawn from middle schools and high schools in Berkeley, Oakland, Richmond, Albany and Emeryville, heard from several local speakers, watched a performance by hip-hop artist Mystic and attended workshops on body image, addiction and leadership, among other topics. 

Aroner said she staged the event to give young women a safe space to talk about their bodies and an opportunity to speak up about the issues that affect their day-to-day lives. 

“We cannot talk about young people without having them in the room,” she said. 

Aroner said she picked up on at least one pressing issue in the course of the day’s discussions: young people need easier access to mentors. 

Participants said they appreciated hearing from speakers who had personal experience with issues like addiction or teen pregnancy. 

“It’s not easy being a mother at a young age,” said De’onna Barconey, an Oakland middle school student, describing the lesson she learned from a workshop entitled “Young Women, Young Mothers.” 

Thomas, who observed an addiction workshop, said recovering addicts had a strong impact on the students who attended the session. 

Alameda County Juvenile Court Commissioner Trina Stanley, D-Oakland, spoke to the young women about her own experiences as a child, living with various family members and spending time in a foster home. She told the girls to remain resilient – as teenagers and adults. 

“Maybe you don’t have the perfect hair and the perfect outfit – those are short-term experiences,” she said. “But they can prepare you for the long term, for other isolating experiences.” 

Stanley, in a message echoed by other speakers, told the girls to remain true to themselves and their own values. That message appeared to stick. 

“It’s up to us to make our own decisions,” said Oralia Toris, a student at Oakland High School, describing the theme of the day.

To the Editor: 

In her letter about urban development (May 8), Kirstin Miller shows she does not know what she is talking about because, clearly, she has not taken the time to read the Berkeley height initiative. 

Contrary to her flat assertions, the initiative most certainly does allow for high-rises in the downtown core district. In fact, the Eco-City Builders to which she belongs is in the business of promoting high-rise buildings and would rather not have people expressing any concern over the growing congestion that has been impacting the whole community. 

Petition gatherers out on the streets last week found that a growing number of Berkeley voters are becoming very concerned about congestion deteriorating the quality of life in the city. This is especially true in areas where 50-foot, five-story projects are in the process of gaining approval. It is important to note that these changes are being done with the conspicuous support of city planning staff. 

As an example of such actions against the interests of the community, no sooner had the new city planning director arrived on the job several months ago, than she was invited to speak at an Eco-City forum. The event was sponsored by Richard Register, head of Eco-City Builders, and held at Patrick Kennedy’s oversized Gaia building. Not only did she speak, but she gave advice to the attendees on how to gain approval for their Eco-City amendments for increasing high-rise projects. This was done while the City Council was having public hearings revising the city’s General Plan at that time, raising a question of her propriety, if not ethics. However, to their credit, the Council rejected such a drastic change. They appear to have recognized the poor judgment of such plans given the seismic potential of the Hayward Fault as well as the city’s antiquated sewer system, already in a state of millions of dollars in disrepair. 

“Smart” growth is really old style REDEVELOPMENT with a new label. It can more accurately be described as putting massive, high-density projects in low-income neighborhoods on the flatlands of Berkeley. Toward that end, the Association of Bay Area Governments (ABAG) has published a map designating these neighborhoods as “impoverished”, claming that redevelopment will help revitalize them. What it may do, in fact, is revitalize the investment opportunities for developers. 

The height initiative will be an election issue this November that will help people formulate informed opinions about height and density issues. It will give citizens an opportunity to size up their candidates on the issues of preserving neighborhoods and sensible community development. For people in the flatlands as well as the hills, the “smarter” way to go is to downsize over-scale developments with the height initiative. 

- Martha Nicoloff 

Berkeley

Some news stories that may seem too small to thrive, actually grow to haunt a culture. In this country the Jon Benet Ramsey murder lives on in seemingly endless permutations, while the shame and scandal of Stephen Lawrence’s death plagues England nearly a decade after the bloody act. 

And who was Stephen Lawrence? A black teen living in Eltham, South London, he was struck down by a gang of white youths in 1993 while he was innocently waiting for a bus. Were his stabbing, and the botched police probe that followed it, racist? Is merry England the home of a decidedly un-merry hate? 

The Crown Prosecution Service dropped the case within months, but the boy’s determined parents refused to be silenced. Why had the police treated them so contemptibly? Had authorities willfully sabotaged the investigation? “The police just didn’t want to dirty their hands with a black man’s death,” the bereaved mother insisted, and though the Crown persisted in claiming insufficient evidence, widespread outrage grew. 

After five years a public inquiry was held. 

That inquiry is now a play. Richard Norton-Taylor, of London’s “Guardian” newspaper, condensed thousands of pages of testimony into “The Colour of Justice.” His rousing docu-drama won awards in England. Now East Bay audiences can experience it in TheaterFIRST’s ambitious staging. 

And what ambition! In these tough times TheaterFIRST has found the resources to assemble 30 actors, representing six continents, to flesh out the tale. Further, as a commitment to what the Lawrence story represents, it’s redistributed the roles to give women half. 

The production starts out with a bang: the chase and murder reenacted in a starling explosion of violence. We in the audience are then led into an improvised courtroom, where we sit in judgment. The staging of the inquiry is imaginative and vivid. Played out on a bare wooden floor with minimal props – chairs, tables, a hospital gurney, golf clubs, flashlights – it has all the aspects of courtroom drama, with the added punch of dramatic collage. 

At one point the dead boy’s father rises before us to murmur about his son: “He hoped to be an architect.” His mother shows up, too: “I want Stephen to be remembered as a young man with a future.” We witness years of police obfuscation, and we see the devastating moment of Stephen’s death on a London pavement at night, when a white Samaritan holds his head in her lap, whispering, “You are loved.” 

“The Colour of Justice” is charged political theater. Like “The Laramie Project,” it tells a true story in ritualistic style, rearranging, heightening, leaving us to sort out truth and blame. It lasts a little long – it can be repetitive, with dead spots – and its bias is never in doubt, but these are minor flaws in a stirring staging. 

Produced by Clive Chafer, the show features sharp lighting by Michael S. Burg, and equally effective sound by Greg Scharpen. The remarkable ensemble of actors shows wit and verve. 

Director Randall Stuart has said, “I have been changed by getting to know Stephen.” Perhaps you’ll be changed, too.

Today’s Bay Shore Athletic League baseball championship game has been moved from Washington Park in Alameda to Salesian High School in Richmond. 

The game between top-seeded Albany High and No. 2 St. Mary’s High will start at 1 p.m. today.

Today is Sunday, May 19, the 139th day of 2002. There are 226 days left in the year. 

Highlight: 

On May 19, 1962, Democrats staged a fund-raiser in New York’s Madison Square Garden that was billed as a birthday salute to President Kennedy, during which actress Marilyn Monroe performed a sultry rendition of “Happy Birthday to You” for the guest of honor. 

On this date: 

In 1536, Anne Boleyn, the second wife of England’s King Henry VIII, was beheaded after being convicted of adultery. 

In 1643, delegates from four New England colonies met in Boston to form a confederation. 

In 1906, the Federated Boys’ Clubs, forerunner of the Boys’ Clubs of America, were organized. 

In 1921, Congress passed the Emergency Quota Act, which established national quotas for immigrants. 

In 1935, T.E. Lawrence, also known as “Lawrence of Arabia,” died in England from injuries sustained in a motorcycle crash. 

In 1943, in an address to the U.S. Congress, British Prime Minister Winston Churchill pledged his country’s full support in the war against Japan. 

In 1958, the United States and Canada formally established the North American Air Defense Command. 

In 1964, the State Department disclosed that 40 hidden microphones had been found in the U.S. embassy in Moscow. 

In 1967, the Soviet Union ratified a treaty with the United States and Britain banning nuclear weapons from outer space. 

In 1994, former first lady Jacqueline Kennedy Onassis died in New York at age 64. 

Ten years ago:  

The 27th Amendment to the Constitution, which prohibits Congress from giving itself mid-term pay raises, went into effect. Vice President Dan Quayle criticized the CBS sitcom “Murphy Brown” for having its title character decide to bear a child out of wedlock. In Massapequa, N.Y., Mary Jo Buttafuoco was shot and seriously wounded by her husband Joey’s teen-age lover, Amy Fisher. 

Five years ago:  

NBC sportscaster Marv Albert was charged in an indictment with assaulting a woman in an Arlington, Va., hotel room and forcing her to perform oral sex. (Albert denied the charges, but at trial, ended up pleading guilty to assault and battery.) 

One year ago:  

The Arab League called on Arab governments to sever political contacts with Israel until the Jewish state ended military action against Palestinians. “Point Given” won the Preakness as Derby winner “Monarchos” finished out of the money. 

Today’s Birthdays:  

PBS newscaster Jim Lehrer is 68. TV personality David Hartman is 67. Actor James Fox is 63. Actress Nancy Kwan is 63. Singer-songwriter Mickey Newbury is 62. Author-director Nora Ephron is 61. Rock singer-composer Pete Townshend (The Who) is 57. Concert pianist David Helfgott is 55. Rock singer-musician Dusty Hill (ZZ Top) is 53. Singer-actress Grace Jones is 50. Rock musician Phil Rudd (AC-DC) is 48. Baseball catcher Rick Cerone is 48. Actor Steven Ford is 46. Rock musician Iain Harvie (Del Amitri) is 40. Rock singer Jenny Berggren (Ace of Base) is 30. Actor Eric Lloyd is 16. 

To the Editor: 

Many in the community have asked me why I am not a candidate for school board in the next election. In part, I like to think that's because I have worked long and hard in the district, and have earned the right to join the board at this time. It's also because I have openly discussed my desire to run for the past two years. I do intend to become a member of the board, and I believe that I will have a lot to offer. But right now, I really believe that the district is in greater need of the budget & financial expertise that Nancy Riddle can bring to the table. I have thought long and hard about this, and contacted Nancy early on to ask her to run. 

I told her that for years I had watched her go before the board with ideas, questions, and demands for accountability, because she understood the spreadsheets, or more to the point, their flaws, in a budget that has often been Greek to the rest of us. We have often counted on her to speak up for us when it came to the numbers. I have come to the conclusion that Nancy is one person who can really make a difference in this time of budget crisis. I told her that I have never felt stronger about a candidate, and if she would agree to run, I would forgo my own desire for a few years, to devote my energies to her campaign. Many others have encouraged her as well. 

There are many of us in the district who have worked long and hard, and deserve a chance to represent our kids on the board, through years of providing leadership in our schools and organizations. I have played a visible part in the leadership in the district for about 6 years, and Nancy was a veteran when I arrived on the scene. In a couple of years, as my son moves on to Berkeley High, I will still be ready, willing and able to join the board and make a difference in my own way. If I wasn't confidant that the incumbants will be re-elected, I would run alongside Nancy. 

We will all have our chance, but right now, I believe that our vote should go to Nancy Riddle for School Board. 

- Mark A. Coplan 

Berkeley Parent

I recognize the scene of John Osborne’s dark and disturbing “The Entertainer,” now at Berkeley’s Aurora Theater, a play about the travails of a family of music hall performers in a declining British seaside resort. 

In 1975 I found myself in the British seaside resort of Brighton, where relentlessly gray skies and a downcast look in the eyes of passers-by drove me to seek cheer in the grandly named Empress Theater. The Empress was one of those vast old English music halls that were once a staple of lower and middle-class diversion, but its formerly resplendent interior had become shabby, and nine out of 10 seats for the variety show were empty. The comics, singers and jugglers in that echoing void were game, but they seemed to know the jig was up. England may prize tradition more than most nations, but tradition can die anywhere, and behind their forced smiles, those doomed players must have seen it was just a matter of time before they’d be tap dancing to an empty house. 

If there’s any justice, Aurora Theater won’t have to worry about empty houses, because its production of The Entertainer is hair-raisingly effective. The play’s author, John Osborne, is, of course, the “angry young man” of the 1950s, who jolted the British stage with Look Back in Anger, starring Richard Burton, and The Entertainer, memorialized by Lawrence Olivier. Osborne gave howling voice to post-war disillusion, when old patriotic slogans and moral verities began to taste like ashes. “What’s it all for?” his working class anti-heroes cried, desperate for some new truth, however bitter. 

The Entertainer employs a family of show people to illuminate this crisis in British identity. Grandpa Billy Rice is a former music hall star. Inheriting the profession, his son Archie Rice struggles to prolong its slow death, while Archie’s wayward boy, Frank, earns pennies by singing in pubs. The play begins when Archie’s daughter, Jean, who has just broken up with her fiancé, arrives from London. She’s consumed “four gins, stiff ones” on the way down, and at least a dozen bottles get emptied as the family, including Archie’s second wife, Phoebe, drink too much and begin to tear at one another. 

Truth comes out, all right, and it’s not pretty. 

The backdrop is the Suez Canal crisis of 1956, which humiliated the British. A second son, Mick, is off defending the Crown. Meantime family rows are punctuated by scenes of Archie doing his act, making jokes about himself (“I’ve taken me glasses off. I don’t like to see you suffering!”) and singing songs that barely veil his cynicism (“Why should I care, why should I let it touch me?”) In the play’s most famous line, he murmurs, “I’m dead behind these eyes.” It’s like meeting Eliot’s hollow man. Archie paints on faces and goes through the motions, but he’s stuffed with straw, and he knows it. As he quietly predicts to his daughter in one of his most bleakly revealing moments, “You’ll be nobody, like the rest of us.” 

This is strong stuff, and though it’s unsettling, it’s also gripping, so Aurora should be thanked for this new look at Osborne’s play. For mounting it so well, too. Set designer Kate Boyd has ingeniously adapted the company’s long rectangle of space into both a music hall and a seedy living room; Jim Cave’s lighting beautifully picks out dramatic moments; and Cassandra Carpenter provides ‘50s costumes that are revealing, right down to unraveled hems. 

“Entertainer” is subtly but vigorously directed by Tom Ross.  

Among the actors, Edward Sarafian tellingly portrays Grandpa Billy’s fits of anger and gruff bewilderment. Phoebe Moyer brings out the aching heart of Archie’s loyal but unfulfilled second wife, who laments, “Better to be a has-been than a never-was.” Alex Moggridge gives a loose-limbed charge to Frank, who is tainted by his father’s blight. And as the play’s “witness,” Emily Ackerman provides a frighteningly contained performance that ignites to express shocked horror at the emptiness she finds. 

As for Charles Dean, this Bay Area actor-of-many-talents may never have been better. When he sings Archie Rice’s songs, dances Archie’s dances and purrs his patter, you can’t help thinking this was the role he was born for, and his performance deepens as the play goes on, until we’re staring into a void where a human being should be. 

Uttering Osborne’s lines, Dean recalls Hamet’s essential question, “To be or not to be.” In Archie Rice’s case the better answer might be, “Not.” It’s a devastating realization.

Armored car spills 

PAGOSA SPRINGS, Colo. — For a region in the middle of a drought the roadside in this Colorado town looked mighty green. 

It was littered with more than $1 million, spilled when an armored car making a delivery to banks overturned along U.S. 160, about seven miles west of Pagosa Springs in southwest Colorado. 

The driver fell asleep and rolled the truck off the north side of the road Monday, said State Patrol Cpl. Randy Talbot. 

“A lot of change was on the ground, and bills and sacks,” he said. “There was a lot of money. It was in the millions. What took time was the $100,000 in loose coin.” 

A front-end loader was brought in to scoop up dirt so it could be sifted for coins. 

Onlookers were kept away from the site, though one unidentified person was seen briefly looking for coins in the dirt with a cigarette lighter.

LOS ANGELES — “Star Wars: Episode II — Attack of the Clones” took in more money Thursday than any weekday release in movie history but failed to beat the best single-day box office take of all time, set this month by high-flying “Spider-Man.” 

“Star Wars” grossed $30.1 million in ticket sales at 3,161 screens nationwide on its first day, according to estimates by 20th Century Fox. 

In comparison, “Spider-Man” pulled in a record $39.3 million on its first day. That movie opened on a Friday, considered a weekend day at the box office. 

“Spider-Man” collected $43.7 million during its second day, playing at 3,615 theaters. 

“We weren’t looking to set records,” said Bruce Snyder, head of distribution for 20th Century Fox, which released “Attack of the Clones.” 

Fox executives waved off comparisons to “Spider-Man” ahead of the opening, noting that they and “Star Wars” creator George Lucas were limiting the release to theaters with digital sound. 

Nevertheless, the film managed to post the sixth largest single-day gross ever, behind leaders “Spider-Man” and “Harry Potter and the Sorcerer’s Stone.” 

“This was the best opening for any ’Star Wars’ film. I’m expecting a great run out of it,” Snyder said. 

“Clones” topped the single-day record of $28.5 million set three years ago by “Star Wars: Episode I — The Phantom Menace” on its opening day. That record had stood until November 2001 when “Harry Potter and the Sorcerer’s Stone” grossed $32.3 million on opening day and $33.5 million its second day. 

The latest chapter of the “Star Wars” saga brings back Ewan McGregor as Obi-Wan Kenobi and Natalie Portman as Padme Amidala, picking up the story 10 years after the action of “Phantom Menace.” 

The main cast addition is Hayden Christensen as Anakin Skywalker — the future Darth Vader — now a Jedi knight in training. 

The spectacular grosses of both “Attack of the Clones” and “Spider-Man” signal a good summer for the movie industry, predicted Paul Dergarabedian, president of box-office tracker Exhibitor Relations. 

“I think we’re going to see the biggest summer ever,” he said. “I don’t think the momentum is going to die.” 

Anticipated blockbusters this summer include Steven Spielberg’s sci-fi thriller “Minority Report,” starring Tom Cruise, and the adaptation of Robert Ludlum’s “The Bourne Identity,” starring Matt Damon. 

“Moviegoers still want to be first on the block to see a film. It’s the water-cooler factor, the schoolyard factor. They want to be part of America’s pop culture,” Dergarabedian said. 

SAN JOSE, Calif. — Computer security firm Network Associates restated its earnings from 1998 to 2000 on Friday, reducing reported profits by about $28 million, after completing an internal probe that uncovered accounting irregularities. 

The Santa Clara-based company first announced the investigation in April, a month after disclosing its bookkeeping was also under review by the Securities and Exchange Commission. 

The company’s internal audit committee said the restatements stem from inaccurate entries that reclassified amounts from tax liability accounts to the general and administrative and liability accounts. 

In 2000, payments to a distributor were recorded in a balance sheet tax liability account instead of reducing net revenue. 

During the review, auditors reviewed every bookkeeping entry over $1 million from 1998 to the present. The problems stemmed from the actions of a single employee who is no longer is employed by the company, said Network Associates chief executive George Samenuk. 

“We reviewed every transaction related to that individual regardless of size,” he said. “We also reviewed transactions related to individuals closely associated with the person in question.” 

The company widened its fiscal 2000 net loss by $21.2 million, to $123.9 million. For 1999, the net loss decreased $3 million to $156.9 million. For 1998, the net income decreased $4 million to $32.4 million.

Almost everywhere you turn, flats of seedlings are crying out to be bought — from drugstores, from supermarkets, from department stores, and, of course, from nurseries. 

Especially tempting are those flower seedlings already decked out with open blossoms, and tomato and pepper seedlings from whose stems dangle promising little fruits. Restraint is needed: Those seedlings that are most tempting aren’t necessarily the best ones to buy. 

The ideal seedling makes the transition from seed to open ground without any hesitation in its growth, hardly knowing it has been moved. Such a plant has been well-fed, but not overfed, has been bathed in bright light, and has had no cramping from its neighbors. 

Seedlings’ leaves should be lush green, not blue-green or turning yellow or brown. Plant size should be in proportion to the volume of soil, no more than three to four times the depth of the container. Those stems also should be stocky. 

If the plants aren’t gangly in their containers, their roots probably have adequate room. You might want to inspect the roots anyway, just to make sure, by gingerly sliding a plant out of its cell. Do not buy a plant that is potbound, with dense masses of roots circling around the bottom of the root ball. A few roots at the edge of a rootball are OK, and means that a plant is just about ready for transplanting. 

One more thing to look for is something you might already have noticed, something that might have initially have drawn you to a particular flat of plants. Flowers or fruits, of course. They are bad signs — those flowers or fruits. 

Stress, such as cramped roots, often makes plants flower or fruit prematurely. Tomato fruits already on a young seedling will ripen, and ripen early, but the plant ultimately will produce fruits that are small and few. Broccolis already beginning to head up will produce only “buttons.” Flower plants already flowering will be stunted although they might recover if you pinch the flowers off. 

Any seedling that you finally buy — seek those stocky, verdant, and not flowering, fruiting, or overgrown — spent most of its life in a greenhouse, so it needs to get accustomed to the bright sun, wind, and cooler temperatures of the real world. After you buy them, keep seedlings outdoors in a spot sheltered somewhat from the elements for about a week before transplanting them into the garden. 

Outdoor grills aren’t just for flame-broiled burgers and steaks anymore. 

Today’s grill is the appliance of choice for varied menus featuring veggies, pancakes, pizza and grilled corn-on-the-cob. These high-tech, multipurpose gotta-have units will even keep marinade bubbly. 

Grills are hot. 

And today’s cooks treat high-end grills as a year-round extension of their kitchen according to the chief griller at Lowe’s Home Improvement Warehouse. 

“Homeowners are definitely headed toward the high-performance upper-end grill,” says Marybeth Cornwell, merchandising vice president, outdoor fashion for Lowe’s. “Consumers see grills as another kitchen appliance, and they want it to look like one.” 

Gas models account for the majority of all grills sold, although sales of charcoal units remain robust. 

While grill prices range from $124 to nearly $900, Cornwell says consumers do get more for their propane-powered dollar. Stainless steel and cast aluminum shells with porcelain and powder-coat finishes are rust-resistant. Better parts extend the useful life of grills. Some frames are warranted as long as 99 years. Multiple burners are the norm. Heat output ranges from 22,000 to a sizzling 55,000 BTUs. Secondary burners to keep sauces hot are commonplace. And forget hard-to-start charcoal. Push-button electronic starters or rotary ignitions are standard. New accessories don’t limit grills to dinner-only use. 

Home chefs flip morning pancakes and eggs on optional griddles. Chili simmers at noon on special side burners, and evening pizzas bake in custom deep-dish pans.  

Grills are taller to provide more rotisserie and smoking options. Outdoor cooking even has a holiday flavor: cooks have learned how tasty Thanksgiving turkeys are when prepared on the grill or in a separate turkey fryer. These turkey techniques free up ovens for other dishes, too. 

Grilling is more than a warm season phenomena. Most homeowners grill all year long. Part of grilling’s 12-month popularity is comfort related: outdoor cooking keeps kitchens cool, thereby reducing utility bills. 

Homeowners even create permanent patio-side shrines to grilling. Grills, separate burner units and other kitchen-like components are built directly into masonry or stucco islands where entire meals are prepared. 

But the outdoor nature of grilling means some maintenance is necessary. Cornwell suggests grills be covered when not in use to ward off rain and marauding insects. 

“We see more and more consumers asking for better and better grills,” says Cornwell. “High end grills have been wildly successful, and why not? As they say, everything tastes better when it’s cooked outside. That won’t change anytime soon.” 

When we were kids the ceilings in our turn-of-the-century Mediterranean-style home were 12 feet high. They were made of finished-in-place plaster, coved at the perimeter and adorned with ornate plaster moldings for architectural interest. A decorative picture mold traveled from corner to corner on each wall about 18 inches down from the ceiling as a neat finishing touch. 

Our home was old and void of many of the modern conveniences that our school chums enjoyed in their homes. When visiting them we were envious of the wall-to-wall carpeting, the “modern” olive green, harvest gold, copper tone or turquoise appliances, central air conditioning and attached garage. By contrast, our home had a detached garage, a single-window air conditioner, an oil-burning furnace and white appliances. Their homes had metal window frames. Ours were wood. 

In the early 1970s, our 60-plus-year-old family home that served four generations got in the way of progress. Its fate was sealed by Urban Renewal and, thus, it was demolished to make room for some of the newer homes that we envied. Our folks relocated to another part of town into a new home that had central air, an attached garage, metal-frame windows, olive-green appliances and low, single-plane acoustically treated 8-foot ceilings. 

We were thrilled at the time, but when we became adults we realized that our old family home was irreplaceable. It might not have had many modern conveniences, but it was overflowing with character and charm. 

Character and charm aside, home construction has vastly improved over the years. Buildings are more energy-efficient, safer and have features that make life around the house more comfortable. There is, however, a shift in design that mimics the homes of yesteryear both inside and out. Low ceiling heights have, in many cases, risen to 9 or 10 feet. Decorative moldings and other architectural ornamentation are more popular as are wood-frame windows or window frames that are trimmed with wood at the interior. Gone, too, is the “cottage cheese” acoustical ceiling treatment that was standard equipment during the ’60s, ’70s, and most of the ’80s. 

Billed as a means of deadening sound in a home, acoustic ceiling treatment really was a cost-effective alternative to more costly traditional ceiling finish techniques. Acoustic ceilings received a black eye in 1978 — the year the federal government banned the use of asbestos in all construction products, including spray-on acoustic products. 

If you have an acoustic ceiling that was installed before 1978 chances are good that it contains asbestos. However, according to the Environmental Protection Agency, asbestos-containing building materials do not require abatement unless they are a potential health hazard. The EPA suggests that asbestos-containing building materials that are “friable” or flaking could potentially release asbestos fibers that are hazardous to one’s health. You can determine if your acoustic ceiling contains asbestos by using a test performed by a certified testing agency, which you can find by contacting your local chapter of the American Lung Association. 

If the material contains asbestos and you would like it removed, this work should only be done by a licensed asbestos abatement contractor. If the material contains asbestos that is in good shape and doesn’t pose a threat, there are ways to improve its appearance. 

Water stains from roof leaks are an unsightly problem. In addition, a persistent roof leak can cause the acoustic material to peel. If this occurs, remove the delaminating material and apply a shellac-based stain killer to the area. It will prevent the stain from bleeding through to the new finish. Next, patch the missing acoustic by using acoustic touchup in an aerosol can or a pump sprayer. These products can be found in the paint or patching-products section of your hardware store. 

Chances are good that the patch will be much whiter than the rest of the acoustic ceiling. This is especially true if the ceiling is many years old or smokers have lived in the home. You have two choices to effect a uniform color — darken the patch or paint the entire ceiling. We opt for the latter since a bright ceiling will reflect natural light and make the interior of your home lighter and more cheerier. 

The first step in painting an acoustic ceiling is to seal stains and patch the acoustic material using the materials and techniques described earlier. Then, paint the ceiling using a high-quality interior low-sheen oil-base paint. Never use a water-base paint as it can cause the acoustic material to peel. The paint can be applied with a sprayer or roller. In either case, great care should be taken not to disturb the acoustic material — asbestos or not. 

A sprayer will make the painting process easier and quicker. It’s the prep work that’s difficult, as every square inch of area will need to be covered to prevent damage by airborne paint particles. Rolling is tougher and time-consuming, but doesn’t require the preparation. It’s your choice. 

If you choose the roller route, use a long-nap roller cover and very light pressure to avoid disturbing the textured surface. One coat of high-quality oil-base paint will usually do the trick. However, a dirty ceiling or one that is covered with smoke might require more than one. In this case we suggest a base coat of a shellac-based stain killer along with an oil-base finish coat. 

If your acoustic ceiling simply has a few minor stains here and there, try bleaching them out using pure liquid chlorine bleach in a spray bottle. You can also use an acoustic ceiling cleaning product available at most hardware stores. Be sure to use eye protection, wear old clothes including a hat and long sleeves, rubber gloves and have plenty of ventilation. Cover all furniture and flooring that could be damaged by bleach. A little spritz is all that is usually needed to remove minor stains. Let the area dry and repeat the process if needed. Don’t soak the surface as it can cause the acoustic to peel. 

For more home improvement tips and information visit our Web site at www.onthehouse.com. 

Readers can mail questions to: On the House, APNewsFeatures, 50 Rockefeller Plaza, New York, NY 10020, or e-mail Careybro@onthehouse.com. To receive a copy of On the House booklets on plumbing, painting, heating/cooling or decks/patios, send a check or money order payable to The Associated Press for $6.95 per booklet and mail to: On the House, P.O. Box 1562, New York, NY 10016-1562, or through these online sites: www.onthehouse.com or apbookstore.com. osdf 

Photography is history in the making. 

A tribute to the photographers who provided compelling images in both black and white and color is featured on a new pane of 20 37-cent U.S. stamps for release June 13. The title of this special pane is “Masters of American Photography.” 

Depicted are many of the major themes and events in U.S, history — immigration, the Great Depression, World War II, to mention a few. Examples include portrait, documentary, landscape and fine art. 

As an added reward, the pane displays a black and white photo (made in 1888 or l889) by William Henry Jackson, or one of his assistants. It shows a photographer using a mammoth-plate camera balanced atop Overhanging Rock, about 3,200 feet above Yosemite Valley. Jackson was noted for his landscapes of the American West. 

The honored photographers have one of their pictures illustrated on each stamp. They are: Timothy H. O’Sullivan, Carleton E. Watkins, Gertrude Kasebier, Lewis W. Hine, Alvin Langdon Coburn, Alfred Stieglitz, Man Ray, Edward Weston, James VanDerZee, Dorothea Lange, Walker Evans, W. Eugene Smith, Paul Straid, Ansel Adams, Imogen Cunningham, Andre Kertesz, Garry Winograd, Minor White, Sands Southworth and Josiah Johnson Hawes. 

Ceremonies for the new pane of U.S. stamps titled “Masters of American Photography” will take place at the Museum of Photographic Arts in San Diego on June 13. 

SAN FRANCISCO — Telephone clerks at the state’s largest HMO were given bonuses for keeping calls with patients brief and limiting the number of doctor appointments scheduled, a program some opponents argue was deceitful and harmful to patients with serious medical problems. 

Oakland-based Kaiser Permanente ran the pilot program at three Northern California call centers from January 2000 to December 2001. It was discontinued after that, Kaiser spokesman Jim Anderson said Friday. 

“At the end of the year they looked at, ’Were we doing a better job for members than when we started it?’ The thought was no,” Anderson said. “The whole purpose of this was designed to help serve members better.” 

The program, backed by the Service Employees International Union Local 250 in Oakland, gave cash bonuses to clerks who made appointments for 15 percent to 35 percent of callers, spent less than an average of three minutes, 45 seconds on the phone per patient and transferred fewer than 50 percent of the calls to registered nurses. The bonuses were based on the established quotas and the quality of work. 

Anderson said the bonuses were between 2 percent and 4 percent of the workers’ salaries. He could not provide the number of employees who received bonuses or specifically how much they were worth. 

SEIU officials said the program’s effectiveness is a moot issue now. 

“This is a dead issue,” said SEIU Local 250 President Sal Rosselli. “It’s a pilot project that’s in the past and not going any further.” 

The California Nurses Association fought against the program from the beginning, saying clerks should not be making decisions on when to transfer calls to nurses and when to book appointments. It considers those duties as evaluating patients’ medical conditions, which is reserved for licensed nurses and physicians, said Jim Ryder, director of the nursing union’s Kaiser Permanente division. 

“We characterize them as morbidity bonuses,” Ryder said. “Patients don’t understand they’re talking to a high school graduate with no nursing background.” 

State HMO investigators have been probing how the call centers handle referrals for at least three months and recently opened an investigation into the bonus program, said Steven Fisher, deputy director of the Department of Managed Health Care. 

“We’re concerned about it and we’re looking at it,” he said. 

But Anderson said the program was set up based on the average amount of time already established with each patient at the call centers in Vallejo, Sacramento and San Jose, which handle Northern California’s 3 million patients. All of the calls initially are answered by the clerks and some are forwarded to licensed nurses. About 1,300 total people work at all three centers. 

A consumer watchdog group that already has filed an unrelated false advertising lawsuit against Kaiser said the bonus program was “shocking and outrageous.” 

“It’s business goals driving medical care, which is a violation of state law and the public trust and contradicts Kaiser’s own ad campaign that care is doctor driven, not business driven,” said Jamie Court, executive director of the Santa Monica-based Foundation for Taxpayer and Consumer Rights. 

“Patients get lost in this telephone hell, but these aren’t people complaining about a credit card bill. These are people with some life-threatening illness, and if even one person falls through the cracks, the system is broken.” 

SAN FRANCISCO — The family firm of millionaire Republican gubernatorial candidate Bill Simon was fined and censured by securities regulators in the 1990s, the San Francisco Chronicle reported Friday. 

William E. Simon & Sons of New Jersey received three fines, two of which also involved censures, from the National Association of Securities Dealers. That included a $10,000 fine levied in 1999 against the firm’s municipal securities division for mislabeling a payment to a securities company co-owned by the chief of staff of then-Gov. Jim Florio of New Jersey. 

The National Association of Securities Dealers said Simon & Sons mislabeled the payment it made to Armacon Securities Inc. “in the hope of developing a relationship” with another firm, according to documents obtained by the Chronicle. 

The fine came during an investigation of so-called “pay-for-play” schemes in which investment and securities companies curry favor with politicians who can steer them lucrative government bond projects. The practice violates security rules. 

Simon declined comment on the issue when questioned by reporters as he left a newspaper editors’ convention in Anaheim on Friday, except to criticize the Chronicle article as factually erroneous. 

Aides said the article neglected to distinguish between William E. Simon & Sons and William E. Simon & Sons Municipal Securities Inc., which are distinct entities. The $10,000 fine was against the latter firm. 

A Simon strategist denied impropriety and said there was no pay-to-play violation. 

“This was a paperwork violation for misreporting a management fee paid to Armacon,” strategist Jeff Flint said Friday. 

Democratic Gov. Gray Davis attacked Simon over the issue during his own appearance before the editors’ group and in comments to reporters afterward. 

“Mr. Simon has a lot of gall criticizing me when his own firm was fined three times and censured twice for contributing to treasurers who gave business to his company,” he told reporters.

HOUSTON — Former Arthur Andersen partner David Duncan wrapped up a week of testimony in the firm’s obstruction of justice trial Friday by saying he never explicitly told his colleagues to “destroy” Enron documents. 

Duncan, 43, said he mentioned Andersen’s document policy in a 30-minute “pep talk” to his Enron audit team last October. But he said he didn’t specify that they destroy anything or single out Enron, which at the time was coming under scrutiny from government investigators. 

“We believed we had done everything appropriately,” Duncan recalled telling his staff of about 100 people. 

Andersen is accused of shredding documents and deleting computer records related to Enron audits to keep them away from investigators for the Securities and Exchange Commission. Duncan pleaded guilty April 9 to directing the effort and destroying documents himself in exchange for leniency in sentencing. 

Duncan’s testimony had been highly anticipated amid speculation that he would provide details of the complex partnerships suspected in Enron’s spectacular and devastating bankruptcy in December. 

But in five days of testimony on how Andersen handled the Enron account, Duncan provided no bombshells. 

Told by the judge he could step down, he asked, “For good?” 

“For this trial,” she responded. 

Earlier, Assistant U.S. Attorney Samuel Buell said outside the jury’s presence that prosecutors believe in-house Andersen lawyer Nancy Temple, not Duncan, would be the government’s central witness. 

However, Temple last week invoked her Fifth Amendment right against self-incrimination when called to testify. 

Duncan’s meeting with his staff came on Oct. 23 — 11 days after Temple sent an e-mail from Andersen’s Chicago headquarters to Michael Odom, a partner in Houston, that said the Enron audit team ought to be reminded of the firm’s “documentation and retention policy.”

WASHINGTON — Two years before the Sept. 11 attacks, an analysis prepared for U.S. intelligence warned that Osama bin Laden’s terrorists could hijack an airliner and fly it into government buildings like the Pentagon. 

“Suicide bomber(s) belonging to al-Qaida’s Martyrdom Battalion could crash-land an aircraft packed with high explosives (C-4 and semtex) into the Pentagon, the headquarters of the Central Intelligence Agency (CIA), or the White House,” the September 1999 report said. 

The Bush administration has asserted that no one in government had envisioned a suicide hijacking before it happened. 

White House press secretary Ari Fleischer said the administration was aware of the report prepared by the Library of Congress for the National Intelligence Council, which advises the president and U.S. intelligence on emerging threats. He said the document did not contain direct intelligence pointing toward a specific plot but rather included assessments about how terrorists might strike. 

“What it shows is that this information that was out there did not raise enough alarm with anybody,” Fleischer acknowledged. 

Also Friday, new information emerged about a memo from the FBI’s Phoenix office last July warning headquarters that a large number of Arabs were training at a U.S. flight school. The memo urged that all flight schools nationwide be checked, but the FBI failed to act on the idea before Sept. 11. 

Government officials said Friday that two of the more than half dozen names the FBI Phoenix office identified in the memo were determined by the CIA after Sept. 11 to have links to bin Laden’s al-Qaida. 

Officials said the CIA was not shown the memo before Sept. 11 and even if it had, it did not have the intelligence linking the two men to al-Qaida until after the attacks. The FBI checked the names before Sept. 11 but found no bin Laden ties, the officials added. 

Former CIA Deputy Director John Gannon, who was chairman of the National Intelligence Council when the 1999 report was written, said officials long have known a suicide hijacking was a threat. 

“If you ask anybody could terrorists convert a plane into a missile, nobody would have ruled that out,” he said. 

Democrats and some Republicans in Congress raised the volume of their calls to investigate what the government knew before Sept. 11. 

“I think we’re going to learn a lot about what the government knew,” Sen. Hillary Rodham Clinton, D-N.Y., said during an appearance in New York. She said she was unaware of the report created in 1999 during her husband’s administration. 

Sen. Charles Grassley, R-Iowa, a senior member of the Senate Judiciary and Finance committees, demanded the CIA inspector general investigate the report, which he called “one of the most alarming indicators and warning signs of the terrorist plot of Sept. 11.” 

Meanwhile, court transcripts reviewed by The Associated Press show the government had other warning signs between 1999 and 2001 that bin Laden was sending members of his network to be trained as pilots and was considering airlines as a possible target. 

The court records show the FBI has known since at least 1999 that Ihab Mohammed Ali, who was arrested in Orlando, Fla., and later named as an unindicted coconspirator in the 1998 U.S. Embassy bombings in Africa, had been sent for pilot training in Norman, Okla., before working as a pilot for bin Laden. 

He eventually crashed a plane owned by bin Laden in Sudan that prosecutors alleged was used to transport al-Qaida members and weapons. Ali remains in custody in New York. 

In February 2001, federal prosecutors told a court they gained information in September 2000 from an associate of Ali’s, Moroccan citizen L’Houssaine Kherchtou, that Kherchtou was trained as an al-Qaida pilot in Kenya and attended a meeting in 1993 where an al-Qaida official was briefing Ali on Western air traffic control procedures. 

“He (Kherchtou) observed an Egyptian person who was not a pilot debriefing a friend of his, Ihab Ali, about how air traffic control works and what people say over the air traffic control system,” then-Assistant U.S. Attorney Patrick Fitzgerald told a New York court. 

“And it was his belief that there might have been a plan to send a pilot to Saudi Arabia or someone familiar with that to monitor the air traffic communications so they could possibly attack an airplane perhaps belonging to an Egyptian president or something in Saudi Arabia.” 

That intelligence is in addition to information the FBI received in July 2001 from its Phoenix office that a large number of Arabs were training at U.S. flight schools and a briefing President Bush received in August of that year suggesting hijacking was one possible attack the al-Qaida might use against the United States. 

The September 1999 report, entitled “Sociology and Psychology of Terrorism: Who Becomes a Terrorist and Why?” described suicide hijacking as one of several possible retribution attacks the al-Qaida might seek for a 1998 U.S. airstrike against bin Laden’s camps in Afghanistan. 

The report noted an al-Qaida-linked terrorist first arrested in the Philippines in 1995 and later convicted in the 1993 World Trade Center bombing had suggested such a mission. 

“Ramzi Yousef had planned to do this against the CIA headquarters,” the report said. 

Bush administration officials have repeatedly said no one in government had imagined such an attack. 

“I don’t think anybody could have predicted that ... they would try to use an airplane as a missile, a hijacked airplane as a missile,” National Security Adviser Condoleezza Rice said Thursday. 

The report was written by the Federal Research Division, an arm of the Library of Congress that provides research for federal agencies. 

“This information was out there, certainly to those who study the in-depth subject of terrorism and al-Qaida,” said Robert L. Worden, the agency’s chief. 

“We knew it was an insightful report,” he said. “Then after Sept. 11 we said, ’My gosh, that was in there.”’ 

Gannon said the 1999 report was part of a broader effort by his council to identify the full range of attack options of U.S. enemies. 

“It became such a rich threat environment that it was almost too much for Congress and the administration to absorb,” Gannon said. “They couldn’t prioritize what was the most significant threat.” 

ALEXANDRIA, Va. — A co-leader of an Internet software piracy group that authorities say was responsible for billions of dollars in lost sales was sentenced to nearly four years in prison Friday. 

John Sankus Jr., 28, of Philadelphia was a leader of DrinkOrDie, described by prosecutors as one of the largest, most sophisticated rings of software pirates. 

His 46-month sentence is the largest ever for Internet piracy, U.S. Attorney Paul McNulty said at a news conference. 

“This sentence sends a strong message to those that think they’re invisible because of the anonymity of the Internet. We will find you,” McNulty said. “You will serve years in prison.” 

Sankus had pleaded guilty in February to conspiring to commit copyright infringement as part of a deal with prosecutors. 

At his sentencing in U.S. District Court, Sankus apologized to the companies “and especially to my family for dragging them through this.” 

Authorities believe DrinkOrDie cost the industry up to $5 billion in lost sales each year. 

Sankus’ attorney, Harvey Sernovitz, said that Sankus, whose regular job was with computer maker Gateway Inc., made no money from his actions with DrinkOrDie. He said Sankus’ group specialized in cracking high-end technical software. 

“They had no use for that software, other than to show off their cracking skills,” he said. 

Prosecutor Robert Wiechering said that “the effects of what Mr. Sankus did are very serious. There really are victims in this type of offense.” 

The sentence imposed by U.S. District Judge Leonie Brinkema was the minimum under the federal sentencing guidelines. Sankus could have been fined up to $100,000 but the judge waived the fine, saying Sankus could not afford it. 

Authorities say DrinkOrDie was effectively shut down in December with raids in 27 U.S. cities and five other countries as part of “Operation Buccaneer.” Numerous members are facing prosecution. 

DrinkOrDie, founded in Moscow in 1993, gained its fame by releasing a pirated copy of the Windows 95 operating system two weeks before it was even released by Microsoft.

HAVANA — Jimmy Carter ended a historic visit to Cuba Friday sharply at odds with the Bush administration over how to deal with Fidel Castro. The former president said limits on tourism and trade often hurt Americans more than Cubans. 

“I think an American private citizen or an American company should have the right to visit any place on earth and the right to trade with any other purchaser or supplier on earth,” Carter told a news conference immediately before leaving Cuba. 

“I see the embargo and travel restraints as an imposition on the human rights of American citizens,” he added. 

Castro, wearing a military uniform for the first time since Carter’s arrival, personally came to bid farewell to the American president. 

Carter was the most prominent American political figure to visit Cuba since Castro’s 1959 revolution, and the Cuban leader gave him unprecedented freedom to speak to the Cuban people. He used it to bluntly describe the country as undemocratic and to repeatedly publicize a dissident campaign that most Cubans had never before heard of. 

But Carter also said the basic pillars of U.S. policy toward the island had been counterproductive failures. 

Carter said that cooperation rather than isolation would help prevent problems, such as the allegation of Cuban aid for biological warfare programs made this month by Bush administration officials. 

Aides have said that Bush will reassert and strengthen central parts of U.S. policy on Monday, the 100th anniversary of Cuba’s independence from Spain. 

Carter said he would report the results of his six-day trip to Bush, “expressing my opinion and the opinions of the dissident groups about U.S. policy toward Cuba. 

“It may be that President Bush would consider those opinions,” he said. 

White House spokesman Ari Fleischer this week said Bush believes the 40-year-old trade embargo is a “vital part of America’s foreign policy and human rights policy toward Cuba.” 

Outside activists who advise the White House also suggested this week that Bush would propose increased funding for Cuban dissidents. 

Carter, who met with about 30 prominent dissident leaders, said they told him such a policy would create an “undeserved stigma.” 

They would welcome nongovernment aid, Carter said, but “they expressed deep concern about any assistance that was identified as coming directly or indirectly from the U.S. government, or any declaration by the U.S. government that official funds were being channeled to them. 

The former president praised Cuba for helping other poor nations produce treatments for killer diseases, and he argued that “complete cooperation” between U.S. and contacts between U.S. and Cuban scientists would help ensure that transferred technology was not being misused. 

“I think the routine and constant exchange of scientific knowledge and experiments and research would almost totally preclude any possibility for illicit uses of discoveries or knowledge in this field,” Carter said. 

The Bush administration has expressed concern that Cuba was giving renegade nations technology that could be used to develop biological warfare. 

Carter said Castro had offered to open his laboratories to inspection and suggested the offer be accepted. 

If Cubans were encouraged by Carter’s call for closer relations with the United States — many have relatives there — many also were stunned to hear his blunt talk about democracy broadcast over state television and published in communist party newspapers. 

The first current or former U.S. president to visit the island, Carter made similar statements as he left. 

He said that Cuba “retains the system of having just one party where criticism of the party’s policy is a crime, and where citizens are punished for openly expressing their views that differ from those of the government, and (where there is) the inability for workers to form their own organizations. Things of this kind draw a line between Cuba on one side and all the other nations of the hemisphere on the other.” 

During his own term in office from 1977 to 1981, Carter said, “I felt the best way to make changes in Cuba peacefully was through maximum contacts between our two countries.” 

Yet in the CNN interview, Carter said he did not expect his visit to cause policy changes by Castro. 

“He wants to maintain complete control of the system and not take any chance that dissidents or disagreeing groups could gain enough support to endanger his power as undisputed leader of the Cuban government,” Carter said. 

“I don’t see any change in the future in his willingness to permit dissident expressions from Cubans,” Carter added, “but I think he has been amazingly gracious in letting my views, highly critical on occasion, be expressed.”

HYDERABAD, India — India baked in a heat wave Friday so intense that mud huts became as hot as ovens and birds in trees dropped dead, villagers said. This month’s heat has killed 638 people nationwide. 

Officials described the temperatures exceeding 115 degrees as “a natural calamity.” 

In Andhra Pradesh state, 622 people died. Temperatures there reached a record 124 degrees, said D.C. Roshaiah, an official in charge of relief work in the state. 

Most of the dead were old people unable to bear the extreme heat, said Rajshekhar Murthy, a health worker in the state’s Guntur district, where 102 people died. 

P. Vijaylakshmi, a farmer in Kovvuru village in a remote corner of Andhra Pradesh, described the height of the heat wave last Friday as “the worst day of my life.” 

“How I can forget it? There was no place to hide. Even the dirt floor of my hut felt like an oven,” he said. 

Villagers said the heat was so intense that birds fell from the trees. 

Similar heat waves struck Andhra Pradesh in 1996 and 1998, but this year has been the worst, state weather officials said. Andrha Pradesh is the fifth-largest state in India, with 76 million people. 

Murthy, the health worker, said the number of dead would have been higher had local officials not issued warnings and supplied extra drinking water to the poor. 

“The administration sounded a warning a week in advance,” said Poonam Malkondaiah, an official in West Godavari district, where at least 50 people perished. 

“People were told not to venture out of their homes, especially around noon when the heat wave reaches its peak. If there were compelling reasons to go out, they were asked to cover themselves,” she said. 

It has been an abnormally hot May in southern India. Temperatures have been 7 percent above the monthly average. 

The national capital New Delhi and other parts of northern India have also been sweltering. Sixteen people died in the desert state of Rajasthan as temperatures climbed to 117 on Friday. 

Andhra Pradesh’s Chief Minister Chandra Babu Naidu set up a scientific committee to establish whether global warming was causing the heat wave. 

However, meteorologists quickly blamed scorching desert winds from the northwest, not the greenhouse effect or deforestation. 

“Heat waves always precede the monsoon rains. They induce the moisture to come in,” said R. Rajamani, an environmental expert based in Hyderabad. Monsoons normally arrive in southern India in early June, and in the rest of the country over subsequent weeks.

AUSTIN, Texas — Lady Bird Johnson was released from an Austin hospital Thursday, three weeks after suffering a mild stroke. 

The 89-year-old former first lady has made “a remarkable recovery,” said her daughter, Luci Baines Johnson. She said Johnson’s speaking and swallowing have improved each day. Johnson was taken to Seton Medical Center May 2 after she awoke from a nap at her home and had trouble speaking and swallowing medicine. 

MODESTO — The parents of Chandra Levy tried to avoid watching television Wednesday after word broke that a body was found in a Washington, D.C., park not far from their daughter’s apartment. 

But with a crowd of reporters massing on the sidewalk and a wall of satellite trucks lining their street, they couldn’t avoid the news. 

Their long-missing daughter was dead. 

Dr. Robert and Susan Levy remained grieving inside their one-story brick home throughout the last day of their 13-month ordeal. Outside, the yellow ribbons that have lined neighborhood trees and lamp posts for more than a year were tattered and faded. 

“Two parents have just received the most horrifying news they could ever receive,” family spokeswoman Judy Smith said outside the Levy home. “Certainly no parent would think they would ever bury their child. It’s usually the other way.” 

Washington Police Chief Charles H. Ramsey said he told a family lawyer that dental records confirmed the identity of the remains. 

“This long road they’ve traveled has now come to an end. It’s the worst possible scenario for the family,” said Kelly Huston, the Stanislaus County Sheriff’s spokesman who frequently met with the Levys. 

Family friend Donna Raley, whose stepdaughter, Dena Raley McCluskey, disappeared in 1999, was at the Levy house Wednesday morning and left just before the remains were identified. 

She called the mood inside “rough.” 

“They held out so much hope, and they’ve been so strong. It’s just devastating to them,” said Raley, who co-founded of the Wings of Protection support group with Susan Levy. “The Levys are a very strong family.” 

At least 16 TV crews and dozens of reporters surrounded the Levys’ house in a replay of last summer, when Chandra’s disappearance — and her romantic links to the area’s longtime Democratic congressman, Gary Condit — gripped the nation in scandal. 

Condit, who lost re-election in the March primary after his political support crumbled, was in Washington on Wednesday. His offices referred all calls to his Los Angeles attorney, Mark Geragos. 

“Congressman Gary Condit and his family want to express their heartfelt sorrow and condolences to the Levy family,” the lawyer said. 

Geragos suggested Levy’s killing seems to parallel that of two other missing women in Washington, which could support Condit’s belief that a serial killer is responsible. He also suggested police had been derelict in their search of the park where the remains were found. 

“My feeling is that the police have a lot of explaining to do,” Geragos added. 

“If, as reported, she left with only her tennis shoes and her keys, and was going jogging, wouldn’t you look on the jogging trails?” he asked. “How do you miss somebody? It’s mind-boggling.” 

Ted and Donna Salmans, the Levys’ next-door neighbors for 16 years, said the Levys were a “class act” — and accused Condit of complicating the search for Chandra to the point that he has only himself to blame for voters tossing him out of office. 

“The way he handled this, Gary Condit is responsible for him being out of work,” Ted Salmans said. 

Neighbor Joanne Tittle, her eyes red and puffy from a day of crying, spoke warmly of Chandra, who used to hang out at her house. 

“My gut instinct was hopeful,” Tittle said. “I hoped she was in a foreign country or something.” 

Michael Levine, who helped raise $250,000 in reward money, said that at least the family has some resolution. “It’s a very, very, very sad, deeply disturbing final answer today,” Levine said.

Berkeley’s urbanity, Palma Soriano’s agriculture, and thousands of miles may serve to separate these two cities, but as of last week they have joined an increasing sisterhood despite the estrangement. 

The relationship became official Tuesday, May 14 when the Berkeley City Council passed the recommendation from the Peace and Justice Commission to make Palma Soriano a sister city — intended to add weight to a national grassroots movement to normalize U.S.-Cuban relations and striking a symbolic blow against the U.S.’s long-term policy of isolating the impoverished island nation. 

While the designation is symbolic for the city, the relationship will be cultivated by the sponsor group. 

The recommendation is sponsored by the local chapter of the U.S.-Cuba Sister City’s Association and has noted Palma Soriano for its similarities to Berkeley. Much like Berkeley, Palma Soriana is notable for its diversity, music and medical research. 

“While some think of the designation of sister cities as one-sided due to the huge resources of the U.S., we have much to learn through educational and cultural exchange,” said Rebecca Davis, chairperson of the sponsor group. “They have so much to teach us because of their huge strides in education, health care and the preservation of culture.” 

Davis says Palma Soriano is the birthplace of Charanga music and Berkeley boasts local performers of this orchestral-salsa. It is also a city with practitioners of traditional medicine, consequently it is a strong resource for herbal-medicine research.  

The group’s first project will be to work with Cubans on the reforestation of Cauto River in the Soriano region, and expects participation by Berkeley’s Ecology Center. Davis also hopes to start a pen-pal and eventual exchange between Cuban and Berkeley students. 

Berkeley is the third East Bay city to establish such a relationship with cities in Cuba’s Santiago province. Oakland sistered with the capital, Santiago de Cuba, in 2000 shortly after Richmond joined with the city of Regla. 

“There is a huge push right now among American cities to sister with Cuba and get beyond the embargo on a person-to-person level,” Davis says. “The embargo makes it nearly impossible to get aid through, but we hope to contribute humanitarian aid such as medicine, books, and an exchange of knowledge.” 

Other Californian cities, such as Santa Barbara and West Hollywood, are currently are currently seeking sisters in the Santiago province through the U.S.-Cuba Sister Cities’ Association. A spokesperson for the group says their ultimate goal in California is to make it a sister-state with Santiago province. Pennsylvania became the first sister state when it bonded with the Matanza province in March of 2001, through a unanimous vote by state legislature. 

Contact reporter: jamie@berkeleydailyplanet.net

SACRAMENTO — Gov. Gray Davis’s budget contains some hot-button proposals that require legislative approval, and his administration has launched an all-out public relations effort to try to sell them. 

Legislative budget panels are to begin poring through the Davis plan this week. 

Monday, Davis aides and a cadre of high-powered education lobbyists pressed lawmakers to approve quickly a complicated plan to shift $1.7 billion in K-12 costs from this year to next, warning that the alternative would be crippling cuts or tax increases. 

“California schools cannot afford a prolonged budget stalemate this year,” said Barbara Kerr, vice president of the California Teachers’ Association, the state’s largest teachers’ union. 

Davis proposed a $98.9 billion budget plan last week that would borrow and shift money, cut $7.6 billion in spending and raise taxes on vehicle licenses and cigarettes. The plan seeks to fill in an expected $23.6 billion budget shortfall. 

The proposal includes the shift in education money between the current budget year and the next one, which begins July 1, to fulfill the school spending requirements of Proposition 98. The maneuver requires approval by June 30 of two-thirds of the Legislature, which must include four Republican Assembly members and one GOP state senator if all Democrats vote for it. 

Davis’ budget plans assume the measure will pass, and, if it doesn’t, finance officials said they must scramble to find the $1.7 billion elsewhere. 

“This is a pretty big piece of the overall budget solution,” said Betty Yee, chief deputy director of the state finance department. 

Education advocates “are really concerned about are games of legislative chicken being played in an election year that could jeopardize the fiscal position of the state,” said Kevin Gordon, executive director of the California Association of Business Officials. 

Republicans have not publicly expressed strong opposition to the plan, except to question whether it drains money from schools in the coming year. 

The education issue is one of a handful of hurdles Davis must overcome before he can sign a budget in an election year when the economy has wrought havoc on the state treasury. 

The most contentious is $1.75 billion in increases to the state vehicle license fee — raising the average car’s tax by $84 — and boosting the cost of cigarettes by 50 cents a pack. Republican lawmakers have said they will not support a budget with tax increases. 

The budget also assumes that the state will issue $11 billion in bonds to repay the state treasury for energy purchases last year. 

The state spent more than $6.1 billion from its general fund last year to buy electricity for ratepayers. State power regulators approved plan earlier this year that allows state officials to sell roughly $11.1 billion of bonds. However, that proceeding has slowed as the state continues to negotiate with utilities to settle final components of the bond sale. 

Berkeley’s Star Grocery celebrated its 80th birthday yesterday, with balloons, friends, music and food for all. 

Founded in 1922 by brothers Jimmy and Nick Pappas, the market has kept residents of the Claremont neighborhood well fed and steeped in a unique sense of community. 

“I just tried to be a neighborhood store with a sense of immediate community, with service and fun,” said store owner Nick Pappas, 56, who grew up around the corner. 

Yesterday Pappas mingled in the crowed aisles and sidewalk, shaking hands and shooting the breeze amidst fine music performed by the Bella Music Quintet and Crowden School Chamber Ensemble. 

Pappas took over the store in January of 1974 from his father. All who knew both Pappas men say there is little difference between the appearance of the store and manor in which its run now. 

“Jimmy Pappas was a saint, the most beautiful man in the world,” said Jean Kistner, a store employee from 1948 to 1951. “And nothing has changed. Everything is in place. I used to stock the shelves and I could do it today.” 

While the size of Star pales in comparison to larger corporate supermarkets, the atmosphere is grand. 

It has a down-home feel in its fully stocked, highly diversified shelves. The market is replete with kind and knowledgeable employees, beaming fresh vegetables, and a wide array of food ranging from Ragu to organic salad dressing and Kasugai Roasted Hot Green Peas. 

Polly Armstrong, councilmember for District 8, said Star is where many neighborhood kids make their first solo voyages into the world. 

“For people who live close by, it’s one of the first independent trips they can take. They get a dollar and buy an onion or a quart of milk. It’s a wonderful center of the neighborhood,” she said. 

And according to locals, Star acts as a makeshift barometer for how well the neighborhood, and Berkeley is faring. 

Jimmy Pappas was known to keep families fed during the Great Depression, and Nick Pappas did his share during the Oakland Hills Fire. And while these events may put an immediate dent in store revenue, it is loyalty from Pappas and Star customers that keeps both sides smiling. 

Mary Spivey has been shopping at Star for 30 years. She remembers tight times as a single mother when Star helped her keep food on the table. 

“I just used to sign the tab and take food home,” said Spivey. “Nick is so casual about the whole thing,” she said, adding that Pappas has also been known to give loans to neighborhood kids waiting for their paychecks. 

Both Star and Pappas received a birthday present with the re-lighting of the store’s neon sign, which has sat in the dark since the mid-70’s. Funds for the sign’s restoration were lead by customers who wanted to do something kind for the market that keeps on giving. 

Julian Hodges lives across the street from Star, and helped lead the effort to raise more than $5,300. He now jokingly hopes the green neon lights won’t keep him up at night. 

By canvassing the streets and storefronts, Hodges and others were able to raise enough money to pay for the sign’s repairs and yesterday’s celebration.  

“There’s a fierce loyalty to the grocery. [Jimmy Pappas] grub-staked many families in the depression,” said Hodges. Even to this day, he added, Nick Pappas continues to carry the groceries to his kitchen table. 

Pappas is also known for employing neighborhood children who many local parents don’t want to see working at Safeway for their first job. There is always an interesting array of teenage characters, said Hodges, sometimes resembling a Fellini film. 

It seemed that all present yesterday were enjoying themselves, even employees on the clock. 

“I fell in love the first day I walked in,” said Butcher Tim Chauvin. He noted how Star’s customer interaction differs from many of the larger food stores in the area. At the larger stores, there is no one to speak to before making a purchase, he explained. 

“Here we have personal interaction. This is real Berkeley,” Chauvin said.

Last week, Verlon Bourd was shot and killed at 1001 Chester St. in Oakland, making him the sixth young black man to be murdered in Oakland this month and rounding out a recent spat or similar murders in the last month. 

The total so far this year is 39, substantially higher than in recent years. 

“This is not normal – it’s a lot,” said Officer George Phillips of the Oakland Police Department. 

Police say they are not surprised by the increase, considering the depressed economy. 

“If the economy is down and joblessness up, we see an increase in crime — there is a direct correlation,” Phillips said. 

In 1992, which set a record with 175 murders, Oakland’s unemployment rate was more than 10 percent. In the next few years both unemployment and murder rates dropped, reaching a low of 68 murders in the dot-com boom year of 1999. 

Now that the bubble has burst, murders are back on the rise. In the last year, unemployment in Alameda and Contra Costa counties has almost doubled, and murder rates are climbing to pre-boom levels. 

“It’s getting scarier – our streets are getting worse,” said Sherry, who works at the Prescott Family Resource Center, which is just a few blocks from the site of several of the recent murders. “The drug dealers come out at 6:00 in the evening, when we are leaving. We’re trying to help the community get better, we’re trying to get this to stop.” 

Most murders in Oakland this year were drug-related, police said. 

“The majority of our homicides are related to narcotics,” said Phillips. “The three most popular are heroin, crack cocaine, and marijuana.” 

Phillips noted that people with few job opportunities are more likely to turn to riskier ways of making ends meet. 

“In this city there is a large population of African American males who are unemployed and undereducated – they’re more inclined to sell narcotics,” he said. 

Berkeley’s murder rate is also higher than normal: less than half-way through the year, the city has already seen more murders than in an average year. 

“This year we’ve had four, and since 1996 we’ve averaged about three or four a year, so it’s kind of high,” said Detective Bill Badour of the Berkeley Police Department. 

Like in Oakland, most of the Berkeley murders were related to drugs. All of the victims were black, Badour said. 

“It’s getting scarier – our streets are getting worse,” said Sherry, who works at the Prescott Family Resource Center, which is just a few blocks from the site of several of the recent murders. “The drug dealers come out at 6:00 in the evening, when we are leaving. We’re trying to help the community get better, we’re trying to get this to stop.”

SACRAMENTO – A former aide to Gov. Gray Davis says he was surprised when a computer company lobbyist gave him a $25,000 campaign contribution for the governor at a Sacramento bar. 

Arun Baheti told a legislative committee Wednesday he had no idea that lobbyist Ravi Mehta planned to give him the check when they met for drinks last year, although Mehta commented before their meeting about needing to get a check for an earlier fund-raising event to Davis’ campaign committee. 

“I was surprised that he handed it to me,” Baheti said. 

Mehta, whose clients include Oracle Corp., delivered the check from Oracle a few days after the Redwood Shores company signed a $95 million, no-bid contract with the state. Baheti said he forwarded the check to Davis’s campaign committee by Federal Express. 

The contract was initially billed as a way the state would save at least $16 million — and possibly as much as $111 million — through volume purchases and maintenance of database software. 

But the state auditor said last month that the deal would cost California up to $41 million more than if the state had kept its previous software supply arrangements, a conclusion Oracle disputes. 

Davis and Oracle have denied there was any link between the contribution and the contract, but the governor has returned the money and state and Oracle representatives are discussing how to rescind the deal. 

Baheti told the Joint Legislative Audit Committee that his meeting with Mehta was “just a general conversation over drinks. ... He was interested in some of the items in the (state) budget.” 

The committee is holding a series of hearings on the contract. 

Asked if he and Mehta talked about the contract, Baheti said, “I’m certain it had to come up.” 

Baheti said sometime after he sent the check to Davis’ campaign office, a campaign official — he couldn’t remember her full name — called and “expressed her displeasure in the fact that I had received and Fed Exed the check and strongly requested that I never do that again.” 

“She felt it was an error in judgment,” he said. “After listening to her side of the conversation, I agreed.” 

In response to repeated questions, Baheti said he couldn’t recall details of the meeting with Mehta, including the date, the restaurant or the dinner conversation. 

Sen. Steve Peace, D-San Diego, called Baheti’s inability to recall details of the meeting “beyond straining credulity.” 

Baheti was a Davis adviser on technology issues who resigned May 2 because of his role in the contract controversy. Davis aides said he was asked to resign because he violated a rule that bars administration officials from accepting campaign donations. 

“It was clear to me it was going to become an issue and a distraction to the administration,” Baheti said. “I felt the best thing I could do for everyone concerned was to resign.” 

Several committee members asked Baheti why it took so long for the governor’s chief of staff, Lynn Schenk, to ask him to resign. He said he didn’t know. 

As Davis’ director of e-government, Baheti said he had an open door policy and met often with representatives of high-tech firms interested in signing contracts with the state. 

He said he had a meeting with representatives of Oracle or Logicon Inc., an Oracle vendor, last May 23, shortly before the contract was signed. 

Baheti said he remembered having concerns or questions about the proposed contract and at a meeting with other state officials on May 24 expressed reservations about signing a no-bid software agreement with Logicon. 

“I didn’t understand how the state could enter into a sole-source agreement with a reseller of software, particularly given there were other resellers that earned their living selling Oracle products. 

“Any time there is a middleman involved it’s going to cost more money,” Baheti added. 

Officials at the meeting then decided to seek a contract directly with Oracle, he said.