2003-07-14

San Bernardino County Finds That Curing Political Corruption Takes Time and Teeth

Only months after he became San Bernardino County’s top administrative officer in 1994, James Hlawek confided to his friend Harry Mays, the man he had just replaced, that he was going to retire with more than just a pension, according to court records.

He planned to get rich.

Over the next five years, Hlawek pocketed hundreds of thousands of dollars in bribes, mostly paid in fat bundles of cash by businessmen seeking his influence on county contracts and permits, court records show.

But he wasn’t alone. Nearly a dozen San Bernardino County officials and leaders in area cities have been convicted over the past decade – including Hlawek and Mays – of accepting bribes in a series of corruption scandals that shocked Inland Empire residents and embarrassed local leaders.

To rebuild the public trust, San Bernardino County officials have adopted several reform measures, launched internal audits, installed a whistle-blowing hotline, hired an ethics officer and created a special public integrity unit for the district attorney’s office.

But repairing the damage has proved daunting. While officials insist that San Bernardino County government is now free of graft and corruption, county employees, activists and others say serious reform measures with tough penalties must be adopted to send a signal that the old ways of doing business in the county are over.

So much damage was done structurally to the organization that it will take some time to fix it,” said Chris Prato, general manager of the San Bernardino Public Employees Assn.

Critics like Prato point out, for example, that the ethics officer hired last year has no authority to investigate allegations of wrongdoing or impose penalties on violators. Even the San Bernardino County Grand Jury, in its annual report released July 1, recommended that the county not allow public officials to accept gifts from anyone doing business with the county.

I don’t think they have gone far enough,” said former Rialto City Councilman Ed Scott, who is vying for a seat on the Board of Supervisors next year.

The county’s tarnished image persists, observers say, because the examples of corruption were so brazen and involved officials in the highest levels of local government.

In addition to Hlawek and Mays, the county’s tax collector and its top investment officer pleaded guilty in 1999 to charges of accepting bribes. County Supervisor Jerry Eaves, a former state assemblyman, is awaiting trial on charges that he accepted more than $6,000 in Las Vegas vacations and more than $33,000 in campaign contributions in exchange for his support of a controversial billboard project. He has pleaded not guilty.

The scandals also entangled former Dist. Atty. Dennis Stout, who was the subject of a joint Sheriff’s Department and FBI investigation. Investigators were looking into charges that Stout leaked confidential information about Eaves to Scott, who was one of Eaves’ political rivals. No charges were brought against Stout, but his campaign opponent, Mike Ramos, questioned Stout’s ethics during the 2002 campaign. Stout dropped out after a poor showing in the primary.

In the working-class city of Colton, four elected officials, including the mayor, pleaded guilty to accepting bribes in exchange for their support of development deals in the city. One of those officials, former Councilman James Grimsby, was sentenced in May to 15 months in prison for accepting $25,000 in cash and gifts from a Colton businessman for supporting several development projects, including three restaurants in a southeast area of the city.

Just before his sentencing, Grimsby pleaded for leniency and blamed his troubles on his third ex-wife, who cooperated with the FBI’s investigation by secretly taping conversations with him.

In the city of San Bernardino, state prosecutors charged two former City Council members in April with 19 counts of accepting thousands of dollars in bribes to support several development projects in the late 1990s. The trial is pending.

As for cases in which government officials have already pleaded guilty, many of the bribes came in the form of thick bundles of cash, paid out in clandestine meetings in restaurants and government buildings, according to court records.

Prosecutors and court records say Hlawek, who served as the county’s chief administrative officer from 1994 to 1998, conspired with his predecessor, Mays, to get the county to approve a lucrative waste disposal contract for a firm that paid Hlawek thousands of dollars in bribes. In 1999, Hlawek and Mays pleaded guilty to federal charges of conspiracy to accept bribes. Mays has already completed his two-year prison term. Hlawek awaits sentencing.

Prosecutors charged that in 1994 Hlawek also conspired with several Colton city officials to approve permits to allow local businessmen to erect several billboards on county-owned land in Colton.

According to court records, one of the businessmen involved in the billboard scheme met with Hlawek in 1996 in the basement of the county Hall of Administration, where he gave the then-chief administrative officer a brown paper bag stuffed with $25,000 in cash.

Some ethics experts say San Bernardino County can demonstrate a strong commitment to reform by creating an independent watchdog panel, similar to the ethics commission created in Los Angeles after conflict-of-interest scandals during the Tom Bradley administration.

The Los Angeles Ethics Commission has a full-time staff dedicated to enforcing the city’s campaign finance, lobbying and ethics laws. The panel also has the power to impose fines on elected officials found guilty of violating those laws.

You need to set a definite tone,” said Bob Stern, president of the nonpartisan Center for Government Studies in Santa Monica. He said an independent ethics panel could help San Bernardino County set that tone.

The problem in San Bernardino County is that people thought they could get away with it,” he said.

But San Bernardino County officials note that state and federal corruption laws already impose harsh penalties on violators. They also insist that they have already sent a clear message by adopting a series of anti-corruption measures, including:

* A requirement that applicants for top county positions go through a criminal and financial background check;

* A code of ethics created by an international association of government administrators;

* A $25,000-a-year limit on how much county departments can pay one firm without the approval of county supervisors;

* A waste, fraud and abuse hotline, monitored by the county auditor-controller;

* A requirement that anyone doing business with the county disclose whether any former county employees are employed.

The county has also sued dozens of firms and government officials in connection with past corruption schemes and has recovered nearly $9 million lost in the various bribery and kickback deals.

I think the county has taken some very significant steps [toward] preventing the past from reoccurring,” said Jim Pesta, the county’s ethics resource officer and former personnel director for the Roman Catholic Diocese of San Bernardino.

Pesta’s primary duties are educating and training county employees on the code of ethics that applies to county workers. He also helps the auditor-controller evaluate complaints made to the county’s waste, fraud and abuse hotline, which has received dozens of calls and e-mails.

Despite such reforms, county officials are still struggling to regain the trust of county employees and residents.

As recently as June, some county employees questioned the integrity of the Board of Supervisors when the county considered awarding a $13-million contract to supply the county with 4,000 electronic voting machines. A county panel recommended giving the contract to Sequoia Voting Systems of Oakland.

During a public hearing, Supervisor Dennis Hansberger questioned the bidding process because the winning bid was more expensive than the lowest bid.

He directed county staff to reconsider the award. Dave Ellis, who has worked as a campaign consultant to Hansberger, is a lobbyist for the firm that offered the lowest bid and is now getting a second shot at the contract.

Prato, the county employee union leader, said Hansberger’s objection, considering his relationship to Ellis, “makes you wonder.”

Hansberger denies that his relationship with Ellis played a role in his objection to the bidding process. He said he never talked to Ellis about the contract. But he said he understands why some people remain leery.

You don’t go through what the county has gone through and expect to rebuild the public trust overnight,” he said.

County Administrative Officer Wally Hill, formerly the top county administrator in Yuma, Ariz., was hired in February partly on his reputation for integrity and honesty. But he said county employees have asked him bluntly whether he can be trusted.

I can understand the skepticism that employees have,” he said. It’s a situation where the trust and respect has to be earned rather than assumed.”

Gary Thornberry, who grew up in Colton and now manages a cement plant there, said he has watched his hometown struggle through the embarrassing corruption episode and hopes all its corrupt leaders are gone.

The perception is that everything is now being done ethically,” he said.

But keeping the public trust is not easy and Thornberry worries that the city could easily suffer a setback.

I think the new council members have to prove themselves over time,” he said. “That is the most important thing, because if there is another incident, it will set everything back.”

2003-06-23

Scotland Yard Chief Says Legalize It

One of Britain's most senior police officers has joined the legalization chorus. Chief Superintendent Anthony Wills, borough commander of Hammersmith and Fulham in London, called for the government to take over the drug trade since it cannot stop it.

In an interview with the Hammersmith and Shephards Bush Gazette last week, Wills said even hard drugs, such as crack cocaine and heroin, should be legalized. "I would have no problems with decriminalizing drugs full stop," said Mr Wills. "There have to be very stringent measures over the production and supply of drugs, and we have got to remove the drug market from criminals. I do not want people to take drugs, but if they are going to, I want them to take them safely, with a degree of purity and in a controlled way."

Wills repeated his insistence that he was not promoting drug use. "I am not saying people should take drugs. They are very bad for you, but the reality of the world we live in is this: If people want to get drugs, they can get them. Drugs are a fact of life, and you cannot eradicate them," Wills said. "My only concern is to increase the safety of the community and not to allow these ghastly people to make a fortune out of other people's misery."

Wills, a 30-year veteran who commands more than 2,000 officers, said that no matter how harsh drug laws are, they are doomed to failure. "There are some places where people are beheaded if they sell drugs, but even this does not stop the trade."

And enforcing the cannabis laws is a waste of police resources, Wills added. "I am very liberal in relation to possession of drugs," he said. "Policing cannabis is a waste of our time, as I do not feel the effects of cannabis are any worse than over-consumption of alcohol."

Wills may have joined the growing number of high police and government officials who have gone off the reservation on drug policy, but the Blair government remains steadfast. "All controlled drugs are harmful and will remain illegal," the Home Office noted tersely in response to Wills' remarks. "The Government's drug strategy focuses on the most dangerous drugs as the misery they cause cannot be underestimated. We have not seen the interview and so cannot comment on it."

2003-06-18

What Good Can a Handgun Do Against an Army.....?

A friend of mine recently forwarded me a question a friend of his had posed: "If/when our Federal Government comes to pilfer, pillage, plunder our property and destroy our lives, what good can a handgun do against an army with advanced weaponry, tanks, missiles, planes, or whatever else they might have at their disposal to achieve their nefarious goals? (I'm not being facetious: I accept the possibility that what happened in Germany, or similar, could happen here; I'm just not sure that the potential good from an armed citizenry in such a situation outweighs the day-to-day problems caused by masses of idiots who own guns.)" If I may, I'd like to try to answer that question. I certainly do not think the writer facetious for asking it. The subject is a serious one that I have given much research and considerable thought to. I believe that upon the answer to this question depends the future of our Constitutional republic, our liberty and perhaps our lives. My friend Aaron Zelman, one of the founders of Jews for the Preservation of Firearms Ownership, once told me:

"If every Jewish and anti-nazi family in Germany had owned a Mauser rifle and twenty rounds of ammunition AND THE WILL TO USE IT (emphasis supplied, MV), Adolf Hitler would be a little-known footnote to the history of the Weimar Republic."

Note well that phrase: "and the will to use it," for the simply-stated question, "What good can a handgun do against an army?", is in fact a complex one and must be answered at length and carefully. It is a military question. It is also a political question. But above all it is a moral question which strikes to the heart of what makes men free, and what makes them slaves. First, let's answer the military question. Most military questions have both a strategic and a tactical component. Let's consider the tactical.

A friend of mine owns an instructive piece of history. It is a small, crude pistol, made out of sheet-metal stampings by the U.S. during World War II. While it fits in the palm of your hand and is a slowly-operated, single-shot arm, it's powerful .45 caliber projectile will kill a man with brutal efficiency. With a short, smooth-bore barrel it can reliably kill only at point blank ranges, so its use requires the will (brave or foolhardy) to get in close before firing. It is less a soldier's weapon than an assassin's tool. The U.S. manufactured them by the million during the war, not for our own forces but rather to be air-dropped behind German lines to resistance units in occupied Europe. Crude and slow (the fired case had to be knocked out of the breech by means of a little wooden dowel, a fresh round procured from the storage area in the grip and then manually reloaded and cocked) and so wildly inaccurate it couldn't hit the broad side of a French barn at 50 meters, to the Resistance man or woman who had no firearm it still looked pretty darn good. The theory and practice of it was this: First, you approach a German sentry with your little pistol hidden in your coat pocket and, with Academy-award sincerity, ask him for a light for your cigarette (or the time the train leaves for Paris, or if he wants to buy some non-army-issue food or a perhaps half-hour with your "sister"). When he smiles and casts a nervous glance down the street to see where his Sergeant is at, you blow his brains out with your first and only shot, then take his rifle and ammunition. Your next few minutes are occupied with "getting out of Dodge," for such critters generally go around in packs. After that (assuming you evade your late benefactor's friends) you keep the rifle and hand your little pistol to a fellow Resistance fighter so they can go get their own rifle.

Or maybe you then use your rifle to get a submachine gun from the Sergeant when he comes running. Perhaps you get very lucky and pickup a light machine gun, two boxes of ammunition and a haversack of hand grenades. With two of the grenades and the expenditure of a half-a-box of ammunition at a hasty roadblock the next night, you and your friends get a truck full of arms and ammunition. (Some of the cargo is sticky with "Boche" blood, but you don't mind terribly.)

Pretty soon you've got the best armed little maquis unit in your part of France, all from that cheap little pistol and the guts to use it. (One wonders if the current political elite's opposition to so-called "Saturday Night Specials" doesn't come from some adopted racial memory of previous failed tyrants. Even cheap little pistols are a threat to oppressive regimes.)

They called the pistol the "Liberator." Not a bad name, all in all. Now let's consider the strategic aspect of the question, "What good can a handgun do against an army....?" We have seen that even a poor pistol can make a great deal of difference to the military career and postwar plans of one enemy soldier. That's tactical. But consider what a million pistols, or a hundred million pistols (which may approach the actual number of handguns in the U.S. today), can mean to the military planner who seeks to carry out operations against a populace so armed. Mention "Afghanistan" or "Chechnya" to a member of the current Russian military hierarchy and watch them shudder at the bloody memories. Then you begin to get the idea that modern munitions, air superiority and overwhelming, precision-guided violence still are not enough to make victory certain when the targets are not sitting Christmas-present fashion out in the middle of the desert.

I forget the name of the Senator who observed, "You know, a million here and a million there, and pretty soon you're talking about serious money." Consider that there are at least as many firearms--handguns, rifles and shotguns--as there are citizens of the United States. Consider that last year there were more than 14 million Americans who bought licenses to hunt deer in the country. 14 million--that's a number greater than the largest five professional armies in the world combined. Consider also that those deer hunters are not only armed, but they own items of military utility--everything from camouflage clothing to infrared "game finders", Global Positioning System devices and night vision scopes. Consider also that quite a few of these hunters are military veterans. Just as moving around in the woods and stalking game are second nature, military operations are no mystery to them, especially those who were on the receiving end of guerrilla war in Southeast Asia. Indeed, such men, aging though they may be, may be more psychologically prepared for the exigencies of civil war (for this is what we are talking about) than their younger active-duty brother-soldiers whose only military experience involved neatly defined enemies and fronts in the Grand Campaign against Saddam. Not since 1861-1865 has the American military attempted to wage a war athwart its own logistical tail (nor indeed has it ever had to use modern conventional munitions on the Main Streets of its own hometowns and through its' relatives backyards, nor has it tested the obedience of soldiers who took a very different oath with orders to kill their "rebellious" neighbors, but that touches on the political aspect of the question).

But forget the psychological and political for a moment, and consider just the numbers. To paraphrase the Senator, "A million pistols here, a million rifles there, pretty soon you're talking serious firepower." No one, repeat, no one, will conquer America, from within or without, until its citizenry are disarmed. We remain, as a British officer had reason to complain at the start of our Revolution, "a people numerous and armed." The Second Amendment is a political issue today only because of the military reality that underlies it. Politicians who fear the people seek to disarm them. People who fear their government's intentions refuse to be disarmed. The Founders understood this. So, too, does every tyrant who ever lived. Liberty-loving Americans forget it at their peril. Until they do, American gun owners in the aggregate represent a strategic military fact and an impediment to foreign tyranny. They also represent the greatest political challenge to home-grown would-be tyrants. If the people cannot be forcibly disarmed against their will, then they must be persuaded to give up their arms voluntarily. This is the siren song of "gun control," which is to say "government control of all guns," although few self-respecting gun-grabbers such as Charles Schumer would be quite so bold as to phrase it so honestly.

Joseph Stalin, when informed after World War II that the Pope disapproved of Russian troops occupying Trieste, turned to his advisors and asked, "The Pope? The Pope? How many divisions does he have?" Dictators are unmoved by moral suasion. Fortunately, our Founders saw the wisdom of backing the First Amendment up with the Second. The "divisions" of the army of American constitutional liberty get into their cars and drive to work in this country every day to jobs that are hardly military in nature. Most of them are unmindful of the service they provide. Their arms depots may be found in innumerable closets, gunracks and gunsafes. They have no appointed officers, nor will they need any until they are mobilized by events. Such guardians of our liberty perform this service merely by existing. And although they may be an ever-diminishing minority within their own country, as gun ownership is demonized and discouraged by the ruling elites, still they are as yet more than enough to perform their vital task. And if they are unaware of the impediment they present to their would-be rulers, their would-be rulers are painfully aware of these "divisions of liberty", as evidenced by their incessant calls for individual disarmament. They understand moral versus military force just as clearly as Stalin, but they would not be so indelicate as to quote him. The Roman Republic failed because they could not successfully answer the question, "Who Shall Guard the Guards?" The Founders of this Republic answered that question with both the First and Second Amendments. Like Stalin, the Clintonistas could care less what common folk say about them, but the concept of the armed citizenry as guarantors of their own liberties sets their teeth on edge and disturbs their statist sleep. Governments, some great men once avowed, derive their legitimacy from "the consent of the governed." In the country that these men founded, it should not be required to remind anyone that the people do not obtain their natural, God-given liberties by "the consent of the Government." Yet in this century, our once great constitutional republic has been so profaned in the pursuit of power and social engineering by corrupt leaders as to be unrecognizable to the Founders. And in large measure we have ourselves to blame because at each crucial step along the way the usurpers of our liberties have obtained the consent of a majority of the governed to do what they have done, often in the name of "democracy"--a political system rejected by the Founders. Another good friend of mine gave the best description of pure democracy I have ever heard. "Democracy," he concluded, "is three wolves and a sheep sitting down to vote on what to have for dinner." The rights of the sheep in this system are by no means guaranteed.

Now it is true that our present wolf-like, would-be rulers do not as yet seek to eat that sheep and its peaceable wooly cousins (We, the people). They are, however, most desirous that the sheep be shorn of taxes, and if possible and when necessary, be reminded of their rightful place in society as "good citizen sheep" whose safety from the big bad wolves outside their barn doors is only guaranteed by the omni-presence in the barn of the "good wolves" of the government. Indeed, they do not present themselves as wolves at all, but rather these lupines parade around in sheep's clothing, bleating insistently in falsetto about the welfare of the flock and the necessity to surrender liberty and property "for the children", er, ah, I mean "the lambs." In order to ensure future generations of compliant sheep, they are careful to educate the lambs in the way of "political correctness," tutoring them in the totalitarian faiths that "it takes a barnyard to raise a lamb" and "all animals are equal, but some animals are more equal than others." Every now and then, some tough old independent-minded ram refuses to be shorn and tries to remind the flock that they once decided affairs themselves according to the rule of law of their ancestors, and without the help of their "betters." When that happens, the fangs become apparent and the conspicuously unwilling are shunned, cowed, driven off or (occasionally) killed. But flashing teeth or not, the majority of the flock has learned over time not to resist the Lupine-Mandarin class which herds it. Their Founders, who were fiercely independent rams, would have long ago chased off such usurpers. Any present members of the flock who think like that are denounced as antediluvian or mentally deranged. There are some of these dissidents the lupines would like to punish, but they dare not--for their teeth are every bit as long as their "betters." Indeed, this is the reason the wolves haven't eaten any sheep in generations. To the wolves chagrin, this portion of the flock is armed and they outnumber the wolves by a considerable margin. For now the wolves are content to watch the numbers of these "armed sheep" diminish, as long teeth are no longer fashionable in polite society. (Indeed, they are considered by the literati to be an anachronism best forgotten and such sheep are dismissed by the Mandarins as "Tooth Nuts" or "Right Leg Fanatics".) When the numbers of armed sheep fall below a level that the wolves can feel safe to do so, the eating will begin. The wolves are patient, and proceed by infinitesimal degrees like the slowly-boiling frog. It took them generations to lull the sheep into accepting them as rulers instead of elected representatives. If it takes another generation or two of sheep to complete the process, the wolves can wait. This is our "Animal Farm," without apology to George Orwell.

Even so, the truth is that one man with a pistol CAN defeat an army, given a righteous cause to fight for, enough determination to risk death for that cause, and enough brains, luck and friends to win the struggle. This is true in war but also in politics, and it is not necessary to be a Prussian militarist to see it. The dirty little secret of today's ruling elite as represented by the Clintonistas is that they want people of conscience and principle to be divided in as many ways as possible ("wedge issues" the consultants call them) so that they may be more easily manipulated. No issue of race, religion, class or economics is left unexploited. Lost in the din of jostling special interests are the few voices who point out that if we refuse to be divided from what truly unites us as a people, we cannot be defeated on the large issues of principle, faith, the constitutional republic and the rule of law. More importantly, woe and ridicule will be heaped upon anyone who points out that like the blustering Wizard of Oz, the federal tax and regulation machine is not as omniscient, omnipotent or fearsome as they would have us believe. Like the Wizard, they fan the scary flames higher and shout, "Pay no attention to the man behind the curtain!"

For the truth is, they are frightened that we will find out how pitifully few they are compared to the mass of the citizenry they seek to frighten into compliance with their tax collections, property seizures and bureaucratic, unconstitutional power-shifting. I strongly recommend everyone see the new animated movie "A Bug's Life". Simple truths may often be found sheltering beneath unlikely overhangs, there protected from the pelting storm of lies that soak us everyday. "A Bug's Life", a childrens' movie of all things, is just such a place.

The plot revolves around an ant hill on an unnamed island, where the ants placate predatory grasshoppers by offering them each year one-half of the food they gather (sounds a lot like the IRS, right?). Driven to desperation by the insatiable tax demands of the large, fearsome grasshoppers, one enterprising ant goes abroad seeking bug mercenaries who will return with him and defend the anthill when the grasshoppers return. (If this sounds a lot like an animated "Magnificent Seven", you're right.) The grasshoppers (who roar about like some biker gang or perhaps the ATF in black helicopters, take your pick) are, at one point in the movie, lounging around in a "bug cantina" down in Mexico, living off the bounty of the land. The harvest seeds they eat are dispensed one at a time from an upturned bar bottle. Two grasshoppers suggest to their leader, a menacing fellow named "Hopper" (whose voice characterization by Kevin Spacey is suitably evil personified), that they should forget about the poor ants on the island. Here, they say, we can live off the fat of the land, why worry about some upstart ants? Hopper turns on them instantly. "Would you like a seed?" he quietly asks one. "Sure," answers the skeptical grasshopper thug. "Would you like one?" Hopper asks the other. "Yeah," says he. Hopper manipulates the spigot on the bar bottle twice, and distributes the seeds to them.

"So, you want to know why we have to go back to the island, do you?" Hopper asks menacingly as the thugs munch on their seeds. "I'll show you why!" he shouts, removing the cap from the bottle entirely with one quick blow. The seeds, no longer restrained by the cap, respond to gravity and rush out all at once, inundating the two grasshoppers and crushing them. Hopper turns to his remaining fellow grasshoppers and shrieks, "That's why!" I'm paraphrasing from memory here, for I've only seen the movie once. But Hopper then explains, "Don't you remember the upstart ant on that island? They outnumber us a hundred to one. How long do you think we'll last if they ever figure that out?"

"If the ants are not frightened of us," Hopper tells them, "our game is finished. We're finished."

Of course it comes as no surprise that in the end the ants figure that out. Would that liberty-loving Americans were as smart as animated ants. Courage to stand against tyranny, fortunately, is not only found on videotape. Courage flowers from the heart, from the twin roots of deeply-held principle and faith in God. There are American heroes living today who have not yet performed the deeds of principled courage that future history books will record. They have not yet had to stand in the gap, to plug it with their own fragile bodies and lives against the evil that portends. Not yet have they been required to pledge "their lives, their fortunes and their sacred honor." Yet they will have to. I believe with all my heart the lesson that history teaches: That each and every generation of Americans is given, along with the liberty and opportunity that is their heritage, the duty to defend America against the tyrannies of their day. Our father's fathers fought this same fight. Our mother's mother's mothers fought it as well. From the Revolution through the world wars, from the Cold War through to the Gulf, they fought to secure their liberty in conflicts great and small, within and without.

They stood faithful to the oath that our Founders gave us: To bear true faith and allegiance--not to a man; not to the land; not to a political party, but to an idea. The idea is liberty, as codified in the Constitution of the United States. We swear, as did they, an oath to defend the Constitution against all enemies, foreign and domestic. And throughout the years they paid in blood and treasure the terrible price of that oath. That was their day. This is ours. The clouds we can see on the horizon may be a simple rain or a vast hurricane, but there is a storm coming. Make no mistake.

Lincoln said that this nation cannot long exist half slave and half free. I say, if I may humbly paraphrase, that this nation cannot long exist one-third slave, one-third uncommitted, and one-third free. The slavery today is of the mind and soul not the body, but it is slavery without a doubt that the Clintons and their toadies are pushing.

It is slavery to worship our nominally-elected representatives as our rulers instead of requiring their trustworthiness as our servants. It is slavery of the mind and soul that demands that God-given rights that our Forefathers secured with their blood and sacrifice be traded for the false security of a nanny-state which will tend to our "legitimate needs" as they are perceived by that government. It is slavery of a more traditional sort that extorts half of our incomes to pay, like slaves of old, for the privilege of serving and supporting our master's regime.

It is slavery to worship humanism as religion and slavery to deny life and liberty to unborn Americans. As people of faith in God, whatever our denomination, we are in bondage to a plantation system that steals our money; seizes our property; denies our ancient liberties; denies even our very history, supplanting it with sanitized and politicized "correctness"; denies our children a real public education; denies them even the mention of God in school; denies, in fact, the very existence of God.

So finally we are faced with, we must return to, the moral component of the question: "What good can a handgun do against an army?" The answer is "Nothing," or "Everything." The outcome depends upon the mind and heart and soul of the man or woman who holds it. One may also ask, "What good can a sling in the hands of a boy do against a marauding giant?" If your cause is just and righteous much can be done, but only if you are willing to risk the consequences of failure and to bear the burdens of eternal vigilance.

A new friend of mine gave me a plaque the other day. Upon it is written these words by Winston Churchill, a man who knew much about fighting tyranny: "Still, if you will not fight for the right when you can easily win without bloodshed; if you will not fight when your victory will be sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves." The Spartans at Thermopylae knew this. The fighting Jews of Masada knew this, when every man, woman and child died rather than submit to Roman tyranny. The Texans who died at the Alamo knew this. The frozen patriots of Valley Forge knew this. The "expendable men" of Bataan and Corregidor knew this. If there is one lesson of Hitlerism and the Holocaust, it is that free men, if they wish to remain free, must resist would-be tyrants at the first opportunity and at every opportunity. Remember that whether they the come as conquerors or elected officials, the men who secretly wish to be your murderers must first convince you that you must accept them as your masters. Free men and women must not wait until they are "selected", divided and herded into Warsaw Ghettos, there to finally fight desperately, almost without weapons, and die outnumbered. The tyrant must be met at the door when he appears. At your door, or mine, wherever he shows his bloody appetite. He must be met by the pistol which can defeat an army. He must be met at every door, for in truth we outnumber him and his henchmen. It matters not whether they call themselves Communists or Nazis or something else. It matters not what flag they fly, nor what uniform they wear. It matters not what excuses they give for stealing your liberty, your property or your life. "By their works ye shall know them."

The time is late. Those who once has trouble reading the hour on their watches have no trouble seeing by the glare of the fire at Waco. Few of us realized at the time that the Constitution was burning right along with the Davidians. Now we know better.

We have had the advantage of that horrible illumination for more than five years now--five years in which the rule of law and the battered old parchment of our beloved Constitution have been smashed, shredded and besmirched by the Clintonistas. In this process they have been aided and abetted by the cowardly incompetence of the "opposition" Republican leadership, a fact made crystal clear by the Waco hearings. They have forgotten Daniel Webster's warning: "Miracles do not cluster. Hold on to the Constitution of the United States of America and the Republic for which it stands--what has happened once in six thousand years may never happen again. Hold on to your Constitution, for if the American Constitution shall fail there will be anarchy throughout the world." Yet being able to see what has happened has not helped us reverse, or even slow, the process. The sad fact is that we may have to resign ourselves to the prospect of having to maintain our principles and our liberty in the face of becoming a disenfranchised minority within our own country. The middle third of the populace, it seems, will continue to waffle in favor of the enemies of the Constitution until their comfort level with the economy is endangered. They've got theirs, Jack. The Republicans, who we thought could represent our interests and protect the Constitution and the rule of law, have been demonstrated to be political eunuchs. Alan Keyes was dead right when he characterized the last election as one between "the lawless Democrats and the gutless Republicans." The spectacular political failures of our current leaders are unrivaled in our history unless you recall the unprincipled jockeying for position and tragi-comedy of misunderstanding and miscommunication which lead to our first Civil War.

And make no mistake, it is civil war which may be the most horrible corollary of the Law of Unintended Consequences as it applies to the Clintonistas and their destruction of the rule of law. Because such people have no cause for which they are willing to die (all morality being relativistic to them, and all principles compromisable), they cannot fathom the motives or behavior of people who believe that there are some principles worth fighting and dying for. Out of such failures of understanding come wars. Particularly because although such elitists would not risk their own necks in a fight, they have no compunction about ordering others in their pay to fight for them. It is not the deaths of others, but their own deaths, that they fear. As a Christian, I cannot fear my own death, but rather I am commanded by my God to live in such a way as to make my death a homecoming. That this makes me incomprehensible and threatening to those who wish to be my masters is something I can do little about. I would suggest to them that they not poke their godless, tyrannical noses down my alley. As the coiled rattlesnake flag of the Revolution bluntly stated: "Don't Tread on Me!" Or, as our state motto here in Alabama says: "We Dare Defend Our Rights."

But can a handgun defeat an army? Yes. It remains to be seen whether the struggle of our generation against the tyrants of our day in the first decade of the 21st Century will bring a restoration of liberty and the rule of law or a dark and bloody descent into chaos and slavery. If it is to be the former, I will meet you at the new Yorktown. If it is to be the latter, I will meet you at Masada. But I will not be a slave. And I know that whether we succeed or fail, if we should fall along the way, our graves will one day be visited by other free Americans, thanking us that we did not forget that, with help of Almighty God, in the hands of a free man a handgun CAN defeat a tyrant's army.

2002-09-24

Wesson Names Nancy Bohl To Speaker's Commission On Police Conduct

Sacramento - Assembly Speaker Herb J. Wesson Jr. (D-Los Angeles/Culver City) today named the final set of commissioners to the Speaker's Commission on Police Conduct, which he created in July in response to the videotaped beating of a handcuffed youth.

The appointment of Assemblymembers Judy Chu (D-Monterey Park) and Lou Correa (D – Santa Ana), psychologist Dr. Nancy Bohl, law enforcement training expert Sgt. Pat Gomez, youth advocate David Kakashiba, attorney R. Samuel Paz, and psychologist Dr. Sandra Smith bring the current number of commissioners to 25. The Commission’s five subcommittees will hold public hearings across the state over the next three months.

"My goal from the beginning was to create a balanced panel of experts from academia, law enforcement, psychology and other related fields," Speaker Wesson said. "And I am confident these latest appointees will help us reach our goal in California—that there will be zero incidents of police abuse and zero tolerance when incidents occur. One incident is too many."

The Commission will review past research and recommend legislation that addresses issues of police training, community policing, police accountability and the use of force. The Speaker hopes that the work of the Commission will foster a stronger bond between law enforcement and the citizens they protect through mutual respect and understanding.

Assemblymember Chu represents the 49th Assembly district in Southern California. She graduated with a bachelor's degree from UCLA and a Ph.D. in clinical psychology from the California School of Professional Psychology, and served as a faculty member in the psychology department in the Los Angeles Community College District for twenty years. When racial tensions surfaced in local schools, Dr. Chu broke new ground and built new bridges between communities by establishing a conflict resolution-training program for students. Prior to becoming a member of the California State Assembly, she served on the Monterey Park City Council for thirteen years starting from 1988 to 2001, and served as Mayor of the city three times. Chu was an U.S. Department of Commerce appointee to the Race and Ethnic Advisory Committee of the U.S. Census Bureau and she currently Chairs the Assembly Select Committee on Hate Crimes.

Assemblymember Lou Correa represents California's 69th Assembly District in Southern California. He holds a degree in Economics from California State University, Fullerton; and both a Jurist Doctorate and a Masters in Business Administration from the University of California, Los Angeles. Prior to becoming a member of the California State Assembly, Correa was an investment banker, a real estate broker and a business consultant. Long active in community affairs, Correa served on the Board of Directors of the Orange County Community Development Council, the county's anti-poverty council, and on the California Small Business Board. Recently, he received the Legislator of the Year award from the state's leading crime victim advocacy organization, the Crime Victims United of California.

Dr. Nancy Bohl has been providing psychological services to law enforcement officers for the past 19 years. She has worked with agencies such as the FBI, the Secret Service and the San Bernadino County Sheriff’s Department. She is currently serving as Director of "The Counseling Team," an emergency counseling team in Southern California. Bohl is an adjunct faculty member of San Jose State University, Riverside City College, San Bernadino Valley College, and a frequent lecturer at the FBI Academy.

Sergeant Pat Gomez has over 21 years of law enforcement experience and currently is the Director of the Professional Peace Officers Association. He trains and supervises deputies who teach topics such as use of force, anger management, tactical communications, critical decision-making and use of less lethal weapons. He is the past President of the Sheriffs Relief Association.

David Kakishiba, of Berkeley, currently serves as the Executive Director of the East Bay Asian Youth Center, a private non-profit community organization serving the interests of children, youth, and their families. In 1999, he was awarded the Charles Bannerman Memorial Fellowship in recognition of his long-time service to and advocacy for children, youth, and families. David has also served as an appointee to various local government boards and commissions, including the City of Berkeley Police Review Commission. He moved to the East Bay in 1977 to attend the University of California, Berkeley, and began working for the East Bay Asian Youth Center in 1980.

R. Samuel Paz has practiced law in Los Angeles since 1974, working on high profile cases such as representing victims of the LAPD Rampart scandal. He has served in a number of community and legal organizations including the National Police Accountability Project, the Hispanic Advisory Council to the L.A. Police Commission, the ACLU and the Mexican American Bar Association of L.A. County.

Dr. Sandra Smith is a clinical psychologist from Oakland, California with a practice focussing on individual, couple and family psychotherapy. She has received a BA from Howard University in Washington D.C. and a Masters and Ph.D. from U.C. Berkeley. She has worked as an organizational consultant for the private sector and government on such issues as cultural diversity, communication and work-place violence. Dr. Smith performs psychological screenings of applicants for police officers, firefighters, communication dispatchers and probation officers

With the addition of these seven commissioners, the Commission will be composed of the following members:

Speaker of the Assembly Herb J. Wesson (D – Los Angeles/Culver City), Commission Chair

Assemblymember Jerome Horton (D – Inglewood), Commission Chair
# Assemblymember Wilma Chan (D – Oakland)

# Assemblymember Judy Chu (D-Monterey Park)

# Assemblymember Lou Correa (D – Santa Ana)

# Assemblymember Marco Firebaugh (D – Cudahy)

# Assemblymember Jay LaSuer (R – La Mesa)

# Assemblymember Ken Maddox (R – Garden Grove)

# Assemblymember Gloria Negrete-McLeod (D – Chino)

# Tom Anderson

# Dr. Nancy Bohl

# Erwin Chemierinsky

# Sgt. Pat Gomez

# Alice A. Huffman

# Ted Hunt

# Earl Ofari Hutchinson

# Rev. Norman S. Johnson, Sr.

# David Kakashiba

# Joseph D. McNamara

# Maribel Medina

# R. Samuel Paz

# Constance L. Rice

# Laurie Smith

# Dr. Sandra Smith

# Police Chief Arturo Venegas, Jr.

Each commissioner will sit on at least one of five subcommittees. The Commission will gather the subcommittee reports early next year and recommend legislation for the 2003 legislative session.

2002-03-15

District attorney ends bid for reelection

Redlands Daily Facts, 2002-03-15
By Chris Nguyen Staff Writer

District Attorney Dennis Stout is giving up his bid for a third term as the county's top prosecutor.

Stout announced his withdrawal from the race for district attorney a week after he finished second in the primary election, behind Deputy District Attorney Mike Ramos, who won 42.7 percent of the vote.

Stout won 35.3 percent of the vote, and a third candidate, defense attorney Frank H. Guzman, garnered 21.9 percent.

Both Ramos and Guzman had attacked Stout's handling of the investigation into corruption in the county.


Stout and Ramos were headed for a runoff in November, and while Stout has publicly stepped out of the race, state law requires that his name remain on the ballot.

In a prepared statement, Stout said further pursuit of the position he's held since January 1995 would be futile.

"After much soul searching last weekend, and analyzing the results of the primary election, I arrived at the conclusion that further prolonging the district attorney's race would be pointless," he said.

"The voters have given me the message that they desire change," he said. "With that in mind, I am withdrawing from the campaign today and will no longer expend time or effort in seeking re-election to a third term."

Ramos said Stout's decision is appropriate.

"Mr. Stout saw the writing on the wall," he said.

While Stout plans to stop campaigning, Ramos said he will not.

"We need to continue to go out and make contact with people," Ramos said. "It will be nice that it won't be an adversarial campaign."

Ramos said Stout will help familiarize him with the district attorney's position by including Ramos in top-level management meetings.

"I have been preparing myself for this job for years," Ramos said.

County supervisors said Stout's decision is honorable and wise.

"He and his office have been through a lot, and this is the right thing to do," Supervisor Bill Postmus said.

Supervisor Dennis Hansberger also said Stout was right to step aside, but added that he had expected Stout to fight harder to be re-elected.

In the months leading up to the March primary, Stout trailed Ramos in fund-raising.

Ramos brought in five times more campaign money than Stout did between January and June of last year, according to county records. Ramos collected $78,413 to Stout's $15,619.

While both men are Republicans, Ramos this week was endorsed for the nonpartisan post by the county's three Democratic state legislators.

Stout's backers included State Senate Republican Leader Jim Brulte of Rancho Cucamonga and police officers associations from Ontario and San Bernardino.

Stout's achievements as district attorney have been overshadowed by a scandal involving former Rialto Councilman Ed Scott, who ran against Supervisor Jerry Eaves in 2001.During his campaign, Scott told members of a task force consisting of the Sheriff's Department, the FBI and U.S. Attorney's Office in Los Angeles that top district attorney's officials offered to help him defeat Eaves, whom they were investigating.

In January 2000, authorities began recording Scott's conversations with Stout, Assistant District Attorney Dan Lough and Chief Investigator Barry Bruins.

An internal investigation concluded that the conduct of Lough and Bruins was inappropriate but not criminal. Stout demoted both men after transcripts of the conversations were made public.

Lough and Bruins have alleged that the investigation, which they claim was politically motivated, destroyed their careers. They also criticize Stout for refusing to oppose release of the transcripts.

Brulte, a longtime supporter of Stout, said the District Attorney's Office made a mistake, but Stout took the blame for it.

"It's not news when the district attorney does his job well. It is news when the DA makes a mistake," Brulte said. "People in politics understand that one mistake can wipe out 100 huge successes."

In October, Lough and Bruins sued the county, Stout and nine other defendants for defamation and violating their civil rights.

On Thursday, Lough and Bruins said Stout led a successful administration but they criticized his handling of the Eaves case.

"He's come to the realization that the community will not tolerate that kind of behavior," Scott said.

Stout's administration also has been excluded from the corruption task force because of information leaks before the scandal over the District Attorney's Office's involvement with Scott.

Those leaks led authorities to question whether the District Attorney's Office should participate.

Ramos said he plans to make the office more involved with the ongoing federal and local corruption investigation in San Bernardino County.

"We're going to work together," Ramos said.

Staff Writers Andrew Silva and Felisa Cardona contributed to this report.District attorney ends bid for reelection.

2001-11-13

Ex-Official Accuses Stout of Harassment, Defamation, Retaliation, ‘Blackballing’

San Bernardino District Attorney Dennis Stout has been accused of sexually harassing a former administrator, her attorney said Friday.
Vincent Nolan is representing former Chief of Administration Theresa Bushey, who has filed a lawsuit accusing the county’s top prosecutor of sexual harassment. Bushey also accuses Stout of retaliation, defamation and of taking action to inhibit her ability to gain employment elsewhere.
The suit was filed Oct. 31 in San Bernardino Superior Court.

Nolan, a Riverside employment litigator who represents only employees, said Bushey’s suit accuses Stout of having committed the alleged harassment “over a period of four or five years.” Bushey accused her former boss of “engaging in a course of conduct involving verbal sexual harassment,” and one episode of physical harassment involving an alleged “swat on the behind.”
Bushey’s suit claims that Stout fired her in August in retaliation after she complained about the alleged harassment. Nolan said the complaint was made in a face-to-face meeting with Stout.
The defamation accusation stems from statements Bushey claims Stout made at or about the time of her termination indicating Bushey was fired for “inflating budgetary figures,” Nolan said. Had Bushey inflated figures, Nolan pointed out, her actions would have been illegal. Stout’s statements, he said, “impugned her honesty and integrity.”

“All information that we’ve gathered indicates that she was an exemplary employee at the time of her termination,” Nolan stated.

The “blackballing” allegation involves a separation report prepared by Stout’s office at the time of Bushey’s termination, Nolan said. In that document, Nolan said Bushey’s work was described as being “below standards,” and she was noted as being ineligible for rehire.

Nolan was unable to say if the claim of “blackballing” applies to Bushey’s ability to find work outside of county employ, or if it applies only to her working again for the county. He said she is currently seeking other employment.

Friday evening, Stout’s secretary referred calls to his attorney, Geoffrey Hopper of Riverside. Hopper could not be reached for comment, but according to The Sun, a San Bernardino County newspaper, Hopper branded the claims “outrageous and totally false.” The Sun reported assertions by Hopper that that Bushey swore revenge when fired and said she vowed to time her revenge to affect the March election, in which the two-term district attorney is being challenged.
Nolan said he expects the case to come to trial in 12 to 18 months.

Stout: Former Chief Administrator Sues San Bernardino District Attorney

Ex-Official Accuses Stout of Harassment, Defamation, Retaliation, ‘Blackballing’

By J'AMY PACHECO, Staff Writer

San Bernardino District Attorney Dennis Stout has been accused of sexually harassing a former administrator, her attorney said Friday.

Vincent Nolan is representing former Chief of Administration Theresa Bushey, who has filed a lawsuit accusing the county’s top prosecutor of sexual harassment. Bushey also accuses Stout of retaliation, defamation and of taking action to inhibit her ability to gain employment elsewhere.

The suit was filed Oct. 31 in San Bernardino Superior Court.

Nolan, a Riverside employment litigator who represents only employees, said Bushey’s suit accuses Stout of having committed the alleged harassment “over a period of four or five years.” Bushey accused her former boss of “engaging in a course of conduct involving verbal sexual harassment,” and one episode of physical harassment involving an alleged “swat on the behind.”

Bushey’s suit claims that Stout fired her in August in retaliation after she complained about the alleged harassment. Nolan said the complaint was made in a face-to-face meeting with Stout.

The defamation accusation stems from statements Bushey claims Stout made at or about the time of her termination indicating Bushey was fired for “inflating budgetary figures,” Nolan said. Had Bushey inflated figures, Nolan pointed out, her actions would have been illegal. Stout’s statements, he said, “impugned her honesty and integrity.”

“All information that we’ve gathered indicates that she was an exemplary employee at the time of her termination,” Nolan stated.

The “blackballing” allegation involves a separation report prepared by Stout’s office at the time of Bushey’s termination, Nolan said. In that document, Nolan said Bushey’s work was described as being “below standards,” and she was noted as being ineligible for rehire.

Nolan was unable to say if the claim of “blackballing” applies to Bushey’s ability to find work outside of county employ, or if it applies only to her working again for the county. He said she is currently seeking other employment.

Friday evening, Stout’s secretary referred calls to his attorney, Geoffrey Hopper of Riverside. Hopper could not be reached for comment, but according to The Sun, a San Bernardino County newspaper, Hopper branded the claims “outrageous and totally false.” The Sun reported assertions by Hopper that that Bushey swore revenge when fired and said she vowed to time her revenge to affect the March election, in which the two-term district attorney is being challenged.

Nolan said he expects the case to come to trial in 12 to 18 months.

2001-10-28

Stout: The Case of: The Persecuted Prosecutor, Eaves Dropped!, or... California Sour Grapes"

SAN BERNARDINO, CA -- Assistant District Attorney Dan Lough has filed a
$1.6-million lawsuit against the county, alleging the Sheriff's
Department unlawfully made him a target of political spying. The suit
filed Monday claims the department "has for many years engaged in
political espionage." At the request of a corruption task force, former
Rialto Councilman Ed Scott secretly recorded dozens of conversations
with Lough, District Attorney Dennis Stout and a county investigator.
The taping occurred during Scott's campaign last year to unseat
Supervisor Jerry Eaves. Prosecutors were investigating Eaves at the time
and court transcripts indicate Stout and Lough discussed the Eaves probe
and advised Scott in his campaign. Scott narrowly lost the election.
http://www.sacbee.com/news/calreport/data/

2001-10-04

San Bernardino Co. Rejects Claims by Former D.A. Aides

San Bernardino County on Wednesday rejected multimillion-dollar claims of two former officials in the district attorney’s office who say they were made scapegoats in an ongoing investigation of political corruption.

Dan Lough, the county’s former assistant district attorney, and Barry Bruins, former chief of the district attorney’s bureau of investigations, say Dist. Atty. Dennis Stout made them the fall guys when his office came under fire for some of its tactics during the corruption inquiry.

Their portion of the investigation focused on Supervisor Jerry Eaves, who has since been indicted on federal bribery charges and has pleaded no contest to seven state misdemeanor charges of violating conflict-of-interest laws and failing to report gifts.

During the months that preceded the election that returned Eaves to office in November, Lough, Bruins and Stout participated in the investigation of the supervisor.

Court documents show that during the same period, Lough and Bruins discussed the Eaves investigation several times with Rialto City Councilman Ed Scott, Eaves’ opponent in the supervisorial race. Unknown to Lough and Bruins, Scott taped these discussions on behalf of a joint FBI-San Bernardino County Sheriff’s Department task force investigating corruption in the county.

Transcripts of the tapes show that Lough and Bruins gave Scott campaign advice, suggesting that he find a “marginally honest” private investigator to look into Eaves’ credit card records.

A subsequent internal district attorney’s office review found the relationship between Scott and Stout, Lough and Bruins ethically questionable.

In their claims filed earlier this week, Lough and Bruins contend that to save himself, Stout put all the blame on them, forcing them to accept demotions “voluntarily” or face dismissal.

Lough was demoted from the No. 2 spot in the office to a position as a deputy district attorney. His salary dropped from $127,000 a year to $94,000 a year.

Bruins was made an investigator in Fontana, with a pay cut from $95,500 a year to $75,200.

These demotions effectively ruined their careers, the two men say.

Lough said the secret tapes violated his rights of free speech and privacy. He said that although he violated no laws, and was never charged with criminal wrongdoing, “they managed to do a job on my reputation.”

2001-07-05

Stout: Board of Supervisors May Remove District Attorney, Lockyer Says

Board of Supervisors May Remove District Attorney, Lockyer Says

By a MetNews Staff Writer

A county charter may authorize the Board of Supervisors to remove the district attorney or another elected official from office, Attorney General Bill Lockyer has opined.

Removal of local elected officials is a matter of home rule, Lockyer said in a published opinion made public Tuesday, as long as specific state laws are not violated.

The opinion, prepared for Lockyer by Deputy Attorney General Anthony S. Da Vigo, was requested in April by District Attorney Dennis Stout of San Bernardino County. Stout has been under fire this year as a result of his office’s investigation of alleged wrongdoing by Supervisor Jerry Eaves.

Complaints were voiced after the Sheriff’s Department disclosed it had spent most of last year investigating Stout’s office and had secretly recorded phone conversations among the district attorney, top aides, and Eaves’ unsuccessful opponent in last year’s election, Ed Scott.

The transcripts of those conversations, attorneys for Eaves claimed, showed that Stout has followed a political agenda in seeking to remove Eaves from office.

Eaves was named in a Political Reform Act suit charging that he had accepted gifts from individuals and companies that did business with the county. He admitted accepting the gifts and paid $7,000 in restitution in exchange for being dropped from the suit.

Stout, however, pursued a statutory removal proceeding, although he later removed his office from the matter and asked Lockyer to take over the case. The little-used procedure could result in Eaves’ removal from office following a jury trial.

The question of whether supervisors could remove an elected official from office was raised in March after supervisors asked County Counsel Alan Marks to prepare a code of conduct for county officials. The request came at the same time that supervisors voted to send a letter to Stout asking for an explanation of the contacts between his office and Scott.

Asked at the time what sanctions could be imposed against an official who violated the proposed code of conduct, Marks mentioned a section of the county charter which allows supervisors to remove an elected official—other than a board member—by four-fifths vote following notice and a hearing.

Marks said the action had not been taken in recent history, but noted that a constable resigned his position more than 30 years ago when faced with the prospect of removal by the board.

Unlike the accusation-and-removal procedure used in the Eaves case, however, the charter provision has no support in state statutes. But it is consistent with the state’s constitutional home rule provisions, Lockyer said in his opinion, which allow a charter county to provide for the “election or appointment, compensation, terms and removal” of county officers.

The attorney general noted, however, that he was not being called upon “to consider any particular basis or cause for removal” or what type of hearing would be required.

The opinion is No. 01-408.

2001-06-28

SB County Prison Industrial Complex Perverts Prop 36

LOCAL DRUG PLANS SCORED

In a blistering report on the county's plan to implement Proposition 36, a national drug policy foundation on Wednesday said the county is bolstering the criminal justice system instead of emphasizing drug treatment.

The Lindesmith Center, which backed the measure that mandates treatment over incarceration as an alternative to the nation's war on drugs, gave San Bernardino County its lowest grade: F.

The New York-based center criticized the county's budget for drug treatment, its lack of treatment services and its failure to have meetings to garner public reaction.

"San Bernardino County has ignored the will of the voters," the report said. "It has an implementation plan that is likely to fail."

Founded by billionaire financier George Soros, a major sponsor of theProposition 36 initiative, the Lindesmith Center evaluated plans submitted byCalifornia's 11 largest counties to the state Department of Alcohol and Drug Programs.

County officials on Wednesday defended their preparation to implement Proposition 36, which takes effect Sunday.

The center's findings angered Bob Hillis, deputy director of the county Office of Alcohol and Drug Programs.

"I really think it's done our county a disservice," he said. "I don't think Lindesmith has a clue what's happened here in this county."

The county proposal calls for a probation officer to be the first to evaluate drug offenders after they are sentenced by a judge. That goes against the goal of Proposition 36, said Whitney Taylor, the Lindesmith Center's statewide implementation director.

"That's like going to a lawyer if your kidney hurts," she said.

Probation is part of drug treatment, said Dave Oberhelman, director of adult services for the county Probation Department.

"We are not something outside of that treatment circle," he said. "It's unfair to give us an F. We're one of the pioneers of drug court programs."

Taylor said the county could have quality programs but the plan she reviewed was vague, confusing and poorly written. She said it didn't mention detoxification services, although it "kind of alluded to it."

"They mentioned intervention," Taylor said, "but it was too vague."

Hillis said the plan was intentionally written that way, in a general nature so the county would have more control of and flexibility in dealing with cases, and not be "pinned down by the state."

San Bernardino County received the lowest rating among the 11 counties evaluated by Lindesmith. Riverside County received an overall grade of C, while San Francisco earned an A, the highest.

Lindesmith's criticism isn't the first directed at the San Bernardino County program.

San Bernardino Superior Court Judge Patrick Morris, who declined to comment on the center's report Wednesday, complained at a May 22 meeting of the county Board of Supervisors that the plan wouldn't be effective in treating drug offenders.

He cited reasons such as a lack of both training for judges and an emphasis on treatment.

"I'm concerned about what our plan does not say," Morris told the board last month. "It fails to specify how we're going to treat this population."

Assistant District Attorney Jim Hackleman said the county will be successful, despite the center's findings.

"With no disrespect to the Lindesmith Center, I would far rather be judged on what we do and what we accomplish locally," he said. "If this was simply a sham and we weren't providing treatment, this would be a great waste of time for everyone."

Hackleman said the District Attorney's Office isn't going to change its guidelines on how drug offenders will be charged, an area of which Lindesmith was particularly critical.

San Bernardino County Assistant Presiding Judge J. Michael Welch said the Lindesmith Center's report card is unfair in comparing San Bernardino and San Francisco counties because the two are so different.

San Francisco is "a city and county where the infrastructure is already there to provide treatment," he said. "Everything is in a central location, and they have probation officers. They got an A because they can afford to take 90 percent of their money and put it into treatment. San Bernardino ( County ) can't do that."

Interim County Administrator John Michaelson said the center's report incorrectly lists a $5.4million budget for Proposition 36 implementation here. He said the county's budget for all services is $11.4 million.

Michaelson, however, said the county should have started to prepare for Proposition 36 earlier but was sidetracked by other matters, including corruption scandals.

2001-03-29

D.A. Dennis Stout Admits Errors, Drops Role in Probe

San Bernardino County Dist. Atty. Dennis Stout acknowledged Wednesday that he violated his own ethical standards and made “errors in judgment” when he secretly aided the political opponent of a county supervisor he was investigating.

Consequently, Stout has stepped down from the prosecution of San Bernardino County Supervisor Jerry Eaves, one of several officials tangled in a pervasive corruption and bribery scandal. State Atty. Gen. Bill Lockyer has agreed to take over the case against Eaves, starting this morning, Stout announced Wednesday.

As an elected representative of a law enforcement agency, the public should expect much of me,” Stout said in a statement. “They should expect that I would avoid even the appearance of bias or favoritism in the conduct of my office. And in this matter, I let the public down.”

Stout, however, remained defiant in an interview hours after releasing that statement.

An Ontario native who was a prosecutor for 17 years and has been San Bernardino County’s district attorney since 1994, Stout pointed out that his office has not been accused of violating any laws. He pledged to run for reelection next year and scoffed at demands from critics that he resign.

I don’t listen to people like that,” he said. “The only people I care about are the voters of this county and the people that work with me. I think we run a very good office here.”

Court documents released in February indicated that Stout and two top lieutenants secretly aided political candidate Ed Scott last year, when he was challenging Eaves for a position on the county Board of Supervisors. Stout and Scott are Republicans and Eaves is a Democrat–the only Democrat on the five-member board.

Scott, though he had been Stout’s friend and ally for years, cooperated with FBI and Sheriff’s Department officials in an investigation into the district attorney’s conduct. During his campaign against Eaves–which he lost–Scott secretly tape-recorded his conversations with the district attorney’s office. The U.S. attorney’s office will decide whether charges will be filed.

Transcripts show the district attorney’s chief investigator Barry Bruins told Scott that “Dennis doesn’t mind us helping you. In fact, you know, he likes the idea.”

For Stout, though, Eaves was not merely a political rival–he was also the target of a corruption investigation, and Stout’s office was prosecuting the case.

In charges loosely connected to bribery and kickback schemes that led seven county officials and business executives to enter guilty pleas in 1999, Eaves was accused of taking gifts from companies seeking county contracts.

Investigators say Eaves did not report the gifts on disclosure forms, and he was indicted last year on two felony perjury charges and 17 misdemeanor misconduct charges.

Eaves’ supporters say the charges against him have been motivated by politics. Eaves, who did not return phone calls Wednesday seeking comment, has pleaded not guilty, and three of the misdemeanor charges have been dropped.

Stout said he made his decision to withdraw from the Eaves investigation after seeking a “thorough review” of his office’s conduct–a probe that included legal and ethical analyses from the attorney general’s office and other district attorneys’ offices. His office also reviewed more than 700 pages of transcripts of recorded conversations.

Stout declined to release the review of his conduct, calling it part of the ongoing Eaves investigation, though he did say he found the report disturbing and personally embarrassing.”

And, though he does not believe the case against Eaves has been damaged by the recordings, Stout conceded that his office’s relationship with Scott should have ended once last year’s campaign got underway.

Since Ed Scott was the political opponent of the target of an investigation that my office was conducting, it was ill-advised and improper for us to continue this relationship,” he said.

Lockyer agreed, said Gary Schons, the senior assistant attorney general who runs the department’s criminal division in San Diego.

Starting this morning, at an evidentiary hearing in the Eaves case, Deputy Atty. Gen. Scott Taylor, who works out of the department’s San Diego office, will assume prosecution of the case.

Stout “explained to the attorney general what his concerns were with continuing the prosecution,” Schons said. “We looked at it, and we agreed with him that he had legitimate concerns about his office continuing with the case.”

UNPUBLISHED NOTE

Jerry Eaves is also referred to as Gerald Eaves or Gerald R. Eaves in other Los Angeles Times stories.

2000-08-10

No more lies

Americans see clearly that the war on drugs isn't working. Now some of our leaders are starting to open their eyes.

- - - - - - - - - - - -
By Arianna Huffington

Aug. 10, 2000 | How long do you keep the lie going? This is the unstated question in the blossoming drug-war debate.

Speaking last week at the Shadow Convention in Philadelphia, the Rev. Edwin Sanders of Nashville's Metropolitan Church was unequivocal in his answer: "This needs to be the time when we collectively raise our voices and say that this is the end." Sanders' speech was part of a breakthrough day in the drug-policy-reform movement. Speakers as varied as the Rev. Jesse Jackson, one of the biggest cheerleaders for the drug war in the 1980s, and Gov. Gary Johnson, R-N.M., the highest-ranking elected official ever to challenge our national drug policy, took to the stage to echo Sanders' sentiment that the time has come to declare an end to a war that has destroyed far too many lives.

In the audience, hundreds of parents, children and spouses of those incarcerated on nonviolent drug charges held placards with the pictures and stories of their loved ones. They had arrived on buses from around the country, representing the millions of Americans whose world has been torn apart by this disastrous war. People like Julie Colon, 21, whose mother is serving a sentence of 15 years to life for a first-time drug offense. "The last time I lived with my mother," said Colon, "I was 9 years old." Or Eileen Flournoy, 74, whose daughter Veronica was arrested on drug charges while she was pregnant with her second child and fell under the mandatory sentencing laws. "At my age, I sure didn't expect to be raising my 4- and 5-year-old granddaughters," she told me.

"We have absolutely become numb to what's going on in this country," Johnson, a triathlete and teetotaler, told the Shadow Convention crowd. "The bottom line is, we need a new drug strategy. Why don't we see if we can have fewer nonviolent drug offenders in jail? The message that needs to resonate to kids and adults is 'Just Say Know to Drugs. K-N-O-W.'"

Because the fact is we do know. We know what works -- treatment. And we know what doesn't work -- incarceration. About the only thing we don't know is how to convince our politicians of the truth of what almost everybody else now seems to know. But we're getting closer.

Jesse Jackson knows. He railed against our "failed drug policy whose friendly fire is killing Americans rather than helping Americans -- a policy whose unintended consequence is to build an ugly, shameful jail industrial complex, a policy driven by fear, race and greed." Pointing to the 75 percent recidivism rate of drug offenders, Jackson brought the crowd to its feet with his trademarked cadenced delivery: "They go into jail sicker and come out slicker and return quicker, and around and around and around they go ... Because if you are young, poor, brown or black or don't have a lawyer, there is no category called youthful indiscretion."

Drug-policy reform is moving from the fringes to the mainstream. And for every public figure who speaks out, dozens more are waiting in the wings until they consider it safe enough to say openly what they now dare say only privately.

Two elected officials speaking out are Rep. Tom Campbell, R-Calif., now running for the Senate, and Rep. Maxine Waters, D-Calif. In one of the unexpected alliances produced by the fight against the drug war, they have joined forces in favor of California's Prop. 36 -- a major policy shift from incarceration to treatment.

Campbell offered the Shadow Convention crowd a stinging bit of history from the drug war: "The street price of heroin and cocaine is less than one-fourth of what it was in 1981. The purity of heroin available on the street has increased more than fourfold since 1981. Incarceration for drug arrests has risen tenfold since 1981. The number of drug-overdose deaths has increased more than fivefold since 1981. The proportion of high school seniors reporting that drugs are readily available has doubled since 1981. This is not victory. This is failure."

But the greatest indicator that we are, as Ethan Nadelmann, director of the Lindesmith Center, put it, "at the beginning of a new anti-war movement, a new movement for political and social justice," came not at the shadow gathering but at the Republican convention. Colin Powell, in the one bit of truth shining through the phony multicultural fog, made it clear that it was time to rethink America's drug-war policy, which has led to more than 2 million Americans behind bars: "If you want to solve our drug problem, you won't do it by trying to cut off supply and arresting pushers on the street corners alone ... It's time to stop building jails in America and get back to the task of building our children."

It's a conclusion shared by an overwhelming majority of Americans: More than 70 percent are now in favor of treatment over incarceration for those convicted of nonviolent drug charges. And the media -- in a growing number of editorials, columns and news stories -- have begun to actually shine a light on the drug war's casualties and call for new policies.

Yet George W. Bush did not have one compassionate word to say on the subject beyond grandiloquently promising to "tear down that wall" that traps our citizens in "prison, addiction and despair." And you can bet that, come next week, Al Gore will be equally silent on the subject.


salon.com | Aug. 10, 2000

2000-06-13

Prime-time propaganda

Drug money

Prime-time propaganda
How the White House secretly hooked network TV on its anti-drug message: A Salon special report.

- - - - - - - - - - - -
By Daniel Forbes

Jan. 13, 2000 | Advertisements urging parents to love their kids and keep them off drugs dot urban bus stops across America. Anti-drug commercials fill Channel One in the nation's schools and the commercial breaks of network TV -- most notably a comely, T-shirt-clad waif trashing her kitchen to demonstrate the dangers of heroin. We've come a long way from Nancy Reagan's clenched-teeth "Just Say No."

Few Americans, however, know of a hidden government effort to shoehorn anti-drug messages into the most pervasive and powerful billboard of all -- network television programming.




Also Today

Washington script doctors
How the government rewrote an episode of the WB's "Smart Guy."
By Daniel Forbes



Two years ago, Congress inadvertently created an enormous financial incentive for TV programmers to push anti-drug messages in their plots -- as much as $25 million in the past year and a half, with the promise of even more to come in the future. Under the sway of the office of President Clinton's drug czar, Gen. Barry R. McCaffrey, some of America's most popular shows -- including "ER," "Beverly Hills 90210," "Chicago Hope," "The Drew Carey Show" and "7th Heaven" -- have filled their episodes with anti-drug pitches to cash in on a complex government advertising subsidy.

Here's how helping the government got to be so lucrative.

In late 1997, Congress approved an immense, five-year, $1 billion ad buy for anti-drug advertising as long as the networks sold ad time to the government at half price -- a two-for-one deal that provided over $2 billion worth of ads for a $1 billion allocation.

But the five participating networks weren't crazy about the deal from the start. And when, soon after, they were deluged with the fruits of a booming economy, most particularly an unexpected wave of dot-com ads, they liked it even less.

So the drug czar's office, the White House Office of National Drug Control Policy (ONDCP), presented the networks with a compromise: The office would give up some of that precious ad time it had bought -- in return for getting anti-drug motifs incorporated within specific prime-time shows. That created a new, more potent strain of the anti-drug social engineering the government wanted. And it allowed the TV networks to resell the ad time at the going rate to IBM, Microsoft or Yahoo.

Alan Levitt, the drug-policy official running the campaign, estimates that the networks have benefited to the tune of nearly $25 million thus far.

With this deal in place, government officials and their contractors began approving, and in some cases altering, the scripts of shows before they were aired to conform with the government's anti-drug messages. "Script changes would be discussed between ONDCP and the show -- negotiated," says one participant.

Rick Mater, the WB network's senior vice president for broadcast standards, acknowledges: "The White House did view scripts. They did sign off on them -- they read scripts, yes."

The arrangement, uncovered by a six-month Salon News investigation, is known to only a few insiders in Hollywood, New York and Washington. Almost none of the producers and writers crafting the anti-drug episodes knew of the deal. And top officials from the five networks involved last season -- NBC, ABC, CBS, the WB and Fox -- for the most part refused to discuss it. The sixth network, UPN, failed to attract the government's interest the first year of the program; it joined the flock this current TV season.

The arrangement may violate payola laws that require networks to disclose, during a show's broadcast, arrangements with any party providing financial or other considerations, however direct or indirect. (We'll explore that issue in a separate article Friday.)

Legal or not, the plan raises a host of questions. "It sounds to me like a form of propaganda that is, in effect, for sale," says media watchdog Bill Kovach, curator of the Nieman Foundation. Terming it a "venal practice" and "a form of mind control," he adds, "It's breathtaking to me that any [network's] sense of obligation to the viewing audience has a dollar sign attached to it."

Andrew Jay Schwartzman, president of the Media Access Project, a public interest law firm, says, "This is the most craven thing I've heard of yet. To turn over content control to the federal government for a modest price is an outrageous abandonment of the First Amendment ... The broadcasters scream about the First Amendment until McCaffrey opens his checkbook."

Former FCC chief counsel Robert Corn-Revere, now at the law firm Hogan & Hartson, calls the campaign "pretty insidious. Government surreptitiously planting anti-drug messages using the power of the purse raises red flags. Why is there no disclosure to the American public?"

- - - - - - - - - - - - - - - - - - - - -

The ONDCP, the powerful executive-branch department from which the anti-drug effort emanates, is more commonly known as the drug czar's office. McCaffrey, a Vietnam War hero, directs it and sits on Clinton's Cabinet.

The office oversees spending of nearly $18 billion annually for such activities as fighting peasants growing coca in Latin America, helping interdict drugs entering the United States, local law enforcement and research and treatment. Though Bob Dole savaged non-inhaler Clinton as weak on drugs during the 1996 presidential campaign, Clinton has quietly been Washington's most aggressive anti-drug warrior. Says Dr. Thomas H. Haines, City University of New York medical school professor and chair of the Partnership for Responsible Drug Information, "Clinton spent more federal money in the war on drugs in his first four years than was spent during Reagan's and Bush's 12 years combined."

But in the fall of 1997, the most prominent public face of America's anti-drug crusade belonged to the private Partnership for a Drug-Free America. With major funding from a foundation fueled by the estate of the founder of Johnson & Johnson, along with other corporate support, the partnership bills itself as a "nonpartisan coalition of professionals from the communications industry."

Founded in 1986, the partnership has garnered hundreds of millions of dollars a year in donated media space and time, hitting its peak with over $360 million annually in both 1990 and 1991. But by 1997, donated media had declined to $222 million, the group was suffering a decrease in both the quantity and quality of its donated space and time, and the targeted teens had become inured to its oft-parodied "This is your brain on drugs" message.

The partnership's chairman, James E. Burke, began to lobby Congress to add money for paid ads to the drug czar's budget. Though then-House Speaker Newt Gingrich didn't need much convincing, other Republicans had to overcome two objections to a new federal expenditure of this size: Some wondered if the highly visible effort would just let the president and other Democrats claim credit as crusading anti-drug warriors; others worried about showering money on Clinton's perceived allies in Hollywood. "Some on the Hill wanted to just cut a check to the Partnership for a Drug-Free America," says one Capitol Hill insider.

Burke and the partnership eventually won the Republicans over. Rep. Jim Kolbe, R-Ariz., chairman of the House appropriations subcommittee that funds the media campaign, says, "We were persuaded by the Partnership for a Drug-Free America to spend tax dollars" to get the message out in prime time.

So in October 1997, Congress approved an extravagant plan to buy $1 billion worth of anti-drug advertising. The drug office got about $200 million annually for five years, beginning in fiscal year 1998, and was charged with targeting both the nation's youth and "adult influencers." The office billed the job in a 1998 press release as "the largest and most complex social-marketing campaign ever undertaken."

Approximately two-thirds of the office's ad budget was targeted at TV; the rest was sprinkled among everything from billboards to radio, newspaper, magazine and Internet advertising.

But Congress, feeling that the networks should also contribute to the war on drugs, drove a hard, two-for-one bargain: for every ad the government bought, it demanded another of equal value for free.

"It was contingent on a private-sector match," says John Bridgeland, former chief aide to Rep. Rob Portman, R-Ohio, who fought for the deal. "No member of Congress was going to pass new money for this without a match" -- that is, without that second ad slot.

Indeed, with only $1 billion budgeted to it by Congress, the office refers to its "five-year, $2 billion ... campaign." McCaffrey himself called it "our major prevention initiative, the $2 billion five-year Anti-Drug Media Campaign."

The government's paid ads began running on five of the nation's networks, all but lowly UPN, during the summer of 1998. One TV ad features a scruffy, plain-spoken teen who boasts of a sterling academic record before succumbing to marijuana and getting thrown out of the house. Then there's the one mentioned above: the waif-like Gen-Xer taking a frying pan to her kitchen, supposedly to demonstrate the terrors of heroin addiction. The actress is budding young star Rachael Leigh Cook of "She's All That."

- - - - - - - - - - - - - - - - - - - - -

How did the networks' two-for-one ad deal evolve into a plan to insert messages into programming content? Bridgeland says that wasn't the original idea. "I don't think we thought of programming content as a match ... [It] was not actively discussed," he says -- a point that Kolbe echoes.

The half-price deal got a mixed reception from the networks. NBC, the most highly rated network in 1998, with the most valuable ad slots, initially balked for some three months. The chief ad buyer for the drug czar's office, Zenith Media Services Inc. CEO Richard Hamilton, oversaw negotiations with the networks. NBC, he says, made a "business decision."

Then in the ratings doldrums, ABC had fewer qualms. Says Bart Catalane, former CFO of ABC Broadcasting: "Given the way ad-spending had been going, we needed every category, particularly a growing one like government spending. We wanted to grab every share we could." Indeed, the first year of the office's ad campaign, ABC grabbed nearly $30 million worth, half again as much as Fox, its nearest rival at $20 million.

Even high-flying NBC eventually went along; participants say that the network came around after hearing about its rivals' barrels of government cash. Half a loaf was considered better than none, especially from a baker with a projected five-year supply of flour. "This was before the market got so tight," says one former contractor to the drug-policy office. "This was before all the dot-com ads. When we started, the market was less bullish."

But selling time at half price never went down smoothly, and Hamilton reported back that the networks weren't happy. Hence, in the spring of 1998, Alan Levitt, who runs the office's advertising campaign, and Zenith boss Hamilton cooked up the novel idea of using programming -- that is, the plots of sitcoms and dramas -- to redeem the second ad slot owed the government.

"We did this to make it a little bit more obtainable to participants," Levitt says. "I know it's allowed us to make some deals we wouldn't normally make before. There are some media outlets that have not been able to -- are not financially able, or they don't have the structure where they can give us print space or programming or time. And so we can make it more flexible for them."

That spring of 1998, Hamilton and Levitt agreed that sitcoms and dramas that met with the drug-policy office's approval could be used in lieu of the ad slots still owed to the government. Formulas would be applied to determine the cash value of these embedded messages, and the networks would then be free to resell the commercials they otherwise would have given to the government.

Ultimately, the ONDCP developed an accounting system to decide which shows would be valued and for how much. And its officials began to vet television shows in advance, sometimes suggesting alterations. Tapes of the show as broadcast were sent to the office or its ad buyer to be assigned a final monetary value, which would then be subtracted from the total the particular network owed the office.

The drug office and its ad buyers received advance copies of the scripts from most networks, often more than once as a particular episode developed over time. In some cases, the networks and the office would wrangle over the changes requested. Says an office contractor, "You'd see a lot of give and take: 'Here's the script, what do you think?'" He adds, "I helped out on a number of scripts. They ran the scripts past us, and we gave comments. We'd say, 'It's great you're doing this, but inadvertently you're conveying something'" off-message.

This contractor prevailed upon the producers of the WB's "Smart Guy" to change the original script's portrayal of two substance-abusing kids at a party. They were originally depicted as cool and popular; after the drug office input, "We showed that they were losers and put them [hidden away to indulge in shamed secrecy] in a utility room. That was not in the original script," this contractor says.

- - - - - - - - - - - - - - - - - - - - -

The scheme worked like this: According to a set, numerical formula, the drug-policy office assigned financial value to each show's anti-drug message. If the office decided that a half-hour sufficiently pushed an endorsed anti-drug theme, it got valued at three "units," with each unit equaling the cost of one 30-second ad on that show. Hour shows presenting an approved story line were valued at five units, equal to the cost of five of that show's 30-second ads. (Ads on higher-rated shows -- shows that deliver more eyeballs -- cost more. Therefore, shows with higher ratings, which disseminated ONDCP's message more widely, achieved higher valuations.)

For example, the drug czar's office bought approximately $20 million of advertising time from News Corp., the Rupert Murdoch-owned global media conglomerate that owns Fox. Therefore, News Corp. owed the United States an additional $20 million in matching ad slots from its inventory of ad time.

To partially meet its "match," and thus recoup some of the ad time owed the government, Fox submitted a two-episode "Beverly Hills 90210" story arc involving a character's downward spiral into addiction. Employing the formula based on the price of an ad on "90210," the episodes were eventually valued at between $500,000 and $750,000, says one executive close to the deal. As Kayne Lanahan, senior VP at News Corp One, Fox's media and marketing operation, describes it, "There were ongoing discussions with Zenith. They looked at each episode and how prevalent the story line was." Lanahan adds, "We occasionally show [them] scripts when they're in development, and the final script, and then send a tape after it airs."

This Salon reporter was able to identify some two dozen shows where specific single or multiple episodes containing anti-drug themes were assigned a monetary value by the drug czar's office and its two ad buyers: Zenith and its eventual replacement, Ogilvy & Mather Worldwide.

In return for, apparently, several episodes with anti-drug subplots, highly rated "ER" redeemed $1.4 million worth of time for NBC to be able to sell elsewhere. "The Practice" recouped $500,000 worth of time for ABC to sell if it wished. And anti-drug messages woven into "90210" redeemed between $500,000 and $750,000.

Other shows with episodes that redeemed ad time for the networks during the 1998-99 season include: "Home Improvement," valued at approximately $525,000 for ABC; "Chicago Hope," valued at probably $500,000 or more (CBS); "Sports Night," a valuation of around $450,000 (ABC); "7th Heaven," valued at around $200,000 (WB); and "The Wayans Bros." with its relatively paltry ratings, kicking in only approximately $110,000 (WB).

In addition, the following shows also redeemed ad time last season, though this reporter could not determine their monetary value: "Promised Land" and "Cosby" on CBS; "Trinity," "Providence" and several episodes of the four teen-oriented Saturday-morning live-action shows on NBC; and "The Drew Carey Show," "Sabrina the Teenage Witch," "Boy Meets World" and "General Hospital" on ABC.

- - - - - - - - - - - - - - - - - - - - -

The process unfolded over time, with some scripts reviewed more than once. When a draft of the script was available, the network sales department would alert the drug czar's ad buyer. And then the office's Alan Levitt, or his colleague Jill Bartholomew, became involved. They'd get a copy of the script -- though ABC maintains it was an exception to this step -- and then provide "a quick turnaround" with their reactions, says one insider.

The drug-policy office typically verified the particular episode as being on-message and appropriate for a match. "If a kid was offered a joint and said, 'No thanks,' in a way that was on-strategy, it was that simple. It was a judgment call by the network, the agency and the client," says this source.

Other anti-drug, government-endorsed plots were as subtle as a brick through a window. "Chicago Hope" is owned in part by News Corp. subsidiary 20th Century Fox Television. Though CBS was the potential beneficiary of any ONDCP-approved "Chicago Hope" episode, an agreeable News Corp. exec, Mark Stroman, phoned John Tinker, an executive producer on "Chicago Hope," to request an anti-drug episode. Facing cancellation and commanding scant leverage with the show's owners, the "Chicago Hope" producers dusted off a previously rejected script and decided it could stand another rewrite.

As broadcast, the graphically anti-drug story of the tragedies afflicting young post-rave revelers featured drug-induced death, rape, psychosis, a nasty two-car wreck, a broken nose and a doctor's threat to skip life-saving surgery unless the patient agreed to an incriminating urine test -- along with a canceled flight on the space shuttle.

Other drug office-approved shows featured: a career-devastating, pot-induced freakout of angel-dust proportions ("The Wayans Bros."); blanket drug tests at work ("The Drew Carey Show") and for a school basketball team (NBC's Saturday morning "Hang Time"); death behind the wheel due to alcohol and pot combined ("Sports Night"); kids caught with marijuana or alcohol pressed to name their supplier ("Cosby" and "Smart Guy"); and a young teen becoming an undercover police drug informant after a minister, during formal counseling, tells his parents he should ("7th Heaven").

At least one show, "Buffy the Vampire Slayer," was rejected after it showed itself to be immune to the drug office's worldview. "Drugs were an issue, but it wasn't on-strategy. It was otherworldly nonsense, very abstract and not like real-life kids taking drugs. Viewers wouldn't make the link to our message," says someone in the drug-policy office camp who read and helped reject it.

- - - - - - - - - - - - - - - - - - - - -

Levitt, the office's point man on the campaign, downplays the money's influence on the networks' "voluntary" creative decisions. He likens the process to the (non-monetary) Prism Awards for socially responsible television. "The government is not dictating these kinds of changes," he says. "We will provide an incentive, a financial incentive."

Levitt insists that his office is trying solely to achieve accurate portrayals of drugs -- not any overall increase in the number of anti-drug episodes broadcast. Be that as it may, by the office's own count, the number of shows with anti-drug themes (whether financially boosted by the office or not) has risen from 32 as of last March to 109 this winter.

Whatever the intent of the government program, it was deemed sensitive enough to be kept under wraps. The TV producers typically knew nothing of the money involved. Says Levitt, "In almost every instance that I'm aware of, the [creative] people coming to us have no understanding at all of the pro bono match. They have no idea." Asked if they should know of the financial arrangement, Levitt says no: "We're not trying to intrude on their creative freedom. If the perception is such that we are trying to influence the [TV] program financially -- well, I won't go any further."

This reporter spoke with some 20 writers, producers and production executives for major shows. With perhaps one exception, nobody knew of the arrangement.

John Tinker, last season's "Chicago Hope" executive producer, took the News Corp. call requesting an anti-drug episode. He recalls no mention of CBS being able to recoup something like half a million dollars in ad time for the one shrill episode he helped craft at the show owner's request. He says the financial incentives are "complete news to me." He adds, "I'm so caught off guard, so stunned. I like to think I'm well informed. I had not a clue about any financial incentives." Asked if the scheme gave him cause for concern, Tinker says, "Of course. It smells manipulative ... All of this is disturbing."

- - - - - - - - - - - - - - - - - - - - -

Tinker's response would undoubtedly be shared by many in Hollywood's creative community. One network sales executive who's worked with the drug-policy office acknowledges that if producers were to learn that scripts were being altered, that would "start a nightmare." This executive adds, "I don't need it getting back to [a particular powerhouse producer]. I'm in a tough situation between the client and the shows."

Realizing how tough it might get, a lot of top brass shied from trumpeting their enlistment in the drug war. In a brief conversation, Rosalyn Weinman, NBC's executive vice president for content policy and East Coast entertainment, said that the drug office did not exercise "script approval," but conceded that there had been conversations about broad issues or "specific concerns." Other NBC officials declined comment. Two other NBC executives implicitly confirmed the deals, however.

Senior management and public relations officials at each of the other four networks involved last season -- ABC, CBS, the WB and Fox -- were contacted, but offered little in the way of substantive comment.

While no current Fox executive would comment on the network's cooperation with the government, Rob Dwek, the network's former executive vice president of comedy and drama series, maintained that the financial incentives have "no impact on what we do creatively -- it would have no effect on the direction of a show ... It's not noticeable, it doesn't hurt the quality of our product, and it allows us to be responsible."

An ABC public relations exec, speaking anonymously, confirmed the network's participation in the deal. "Halfway through the year ['98-'99 season], ONDCP said we can meet the match ... if programming was appropriate. I don't know the month. But it was after setting up the [matching ads] schedule."

CBS president Leslie Moonves had nothing to say. A CBS spokesman said simply, "CBS is proud to be working with the government in regard to the war on drugs."

Michael Mandelker, executive VP of network sales for UPN, sounded enthusiastic about the program. Speaking this summer, he said he'd "already started a dialog with programming. Somewhere there will be shows that qualify."

Mandelker said he urged UPN entertainment president Tom Nunan to drum up support for anti-drug messages with producers, asking him: "Is there a way to have these kinds of story lines as you talk to producers?" Mandelker adds, "I imagine ONDCP will look at a couple of scripts in the first year to make sure our interpretation is theirs." He stated further, referring to UPN's strategy: "Tom approaches the producers. We [sales] can't do anything for them. Tom can pick up a show."

Time Warner CEO Gerald Levin, vice chairman Ted Turner and the WB head office all declined comment.

- - - - - - - - - - - - - - - - - - - - -

The drug office's campaign is only just approaching full flower.

The teen-friendly WB (home to "7th Heaven" and the since-cancelled "The Wayans Bros.") has, for example, "significantly" expanded its anti-drug messages, one insider notes, with the drug office more than doubling its WB buy this season. The WB had initial plans for "at least five" programs with anti-drug content counting as a match, the source adds.

"Last year was the program's first year," he points out, "and a lot of companies didn't understand the match." He predicts the practice will only increase as the networks come to understand it as an effective way to free up valuable ad time otherwise sold at half-price.


salon.com | Jan. 13, 2000