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Mendocino County Today: Thursday, Nov. 10, 2022

Dry Cold | Snow Totals | Soccer Champs | Boardwalk | Skatepark Approved | Police Hiring | Vaccination Day | Astrophotography Show | Clare Wheeler | Scout Troop | Tax Error | Preliminary Results | Ed Notes | PO 1958 | Jade Thanks | Pop Ernest | AG to DA | LakeCo Settlers | Jury Duty | Train Ferry | Magic Milk | Rotary Show | Pottery Events | Pumpkins | High Tea | Mendo 1930 | Groundwater Workshop | Cheap Wine | Basketweavers | Middletown Rancheria | Holiday Bazaar | DiMaggios | Hey Renee | Fright | Tree Service | Millards | Zinnias | Yesterday's Catch | Whiff | Money Prayer | Why Me | Prop Results | Clothes Cow | Aubrey Snuf | Intoxication | DeSantis Rising | CRT | DC Incest | Which Coup | Trump Falling | Marching | Must Try | Women | Climate Funding | Flying Home

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DRY WEATHER AND COLD MORNING TEMPERATURES are expected today through Friday morning. Thereafter, a relatively weak storm system will aid in light rain spreading across Northwest California Friday afternoon into Saturday. Dry weather will then return to the region early next week. (NWS)

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AV BOYS SOCCER WINS THE NCS CHAMPIONSHIP 2-1 over San Francisco Waldorf

In a hard fought match on Tom Smith field in Boonville, the Panthers prevailed. Randal Ferreyra booted in the winning goal for Anderson Valley.

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Boardwalk Crosswalk, Mendocino, 1907

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SKATEPARK SITE SECURED!

AVUSD School Board votes unanimously to transfer property for skatepark development.

Yesterday evening, the AVUSD School Board voted unanimously in favor of transferring ownership of the AV Community Park area to the AV Community Services District (CSD) -- for the explicit purpose of developing a skatepark on the property.

The Board's commitment to transfer the property is a huge step forward for the AV Skatepark Project! Skatepark development would not have been feasible on school district land, so sealing this transfer was critical for the project's viability.

Huge Thanks to:

AVUSD board members for generously volunteering your time and energy to serve our community; for thoughtfully considering our proposal over these many months; and for enthusiastically supporting this transfer for the betterment of our community.

Superintendent Louise Simson for investing so much time and care to provide counsel and facilitate the many technical aspects of our proposal.

The AV Community for SHOWING UP when you were needed, and for showing your support in the many ways that you did at the meeting. It was hard not to feel pride in our little community last night.

Next Steps

Now that we have the site secure, we can move ahead with:

Expanded local fundraising campaign

Grant applications

A community-centered custom design process 

The AV Skatepark Project Working Group will resume biweekly meetings, and AV Jr/Sr High Service Learning Team students will continue to meet weekly.

How you can get involved

Donate

Share our website and encourage others to sign the petition

Stay tuned for a list of our current needs and sign up to help.


SERVICE LEARNING CLUB MOVING FORWARD WITH SKATE PARK

A packed house at the school board meeting with more than 75 students and families joined together to present a student-centered appeal to pursue the public school land waiver process to sell land for a token fee to the Community Services District to fully develop the community park and a potential skatepark for the citizens of Boonville. A potential CalTrans grant could provide transformative change for the community in recreational opportunity. The vote of the school board to pursue the waiver was 4-0 with one absence. I continue to be impressed with the passion of the community and the thoughtful collaboration and consideration of the board to create the very best outcomes for students. 

More news to follow.

Louise Simson, Superintendent

Anderson Valley Unified School District

Cell: 707-684-1017


ERNIE PARDINI: 

Some time ago I heard the term “skate park” being thrown around here and there, but it wasn't until recently that I became aware that the idea of a skate park in Boonville was actually being seriously considered by the citizens here. This made me curious and with information supplied to me by Vicki Williams, who was actively supporting this project, I became better informed. I learned that this project was proposed by a group of Jr. high and high school students. I also learned that they had thus far earned approximately $19,000 toward the project's estimated total cost of $250,000. No small feat for a group of students in such a small community. Imagine if you will, a group of young students coming up with this idea of a wholesome and relatively safe activity as an alternative to shady and more dangerous pastimes, such as drinking alcohol, doing drugs and participating in gang related activities. And not only coming up with the idea, but following through by raising money and working to get community support for the proposed project. 

So here's my take on this. I think we would be doing a grave disservice to, not only these youngsters, but to our community as a whole, if we didn't rally together and do everything humanly possible to help these kids make their idea a reality. By doing anything else and letting this idea die a slow death, we would basically be saying to the youth of this valley that we didn't care enough to help them rise above the fates of so many of this countries, youth today who turn to alcohol, drugs and violence as outlets for there youthful energies. I, personally, am going to do whatever I can to help, but the success of this project is going to take the support of all of us. So please, do what you can.

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TIME FOR ANOTHER JAB

Covid and Flu Vaccinations

A message from AV Health Center:

Coming into winter, we expect a rise in viral illnesses like the flu and COVID. Masking and vaccination are the best tools we have to prevent infection. The new bivalent COVID boosters are reformulated to protect against the latest COVID strains and are available from 6 years old and up. Take advantage of the holiday on Friday to get your child vaccinated Thursday from 9-11:30 am and 3-5 pm at the clinic. Thanks! 

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DAVID WILSON ASTROPHOTOGRAPHY SHOW

I will be showing prints of my landscape astrophotography from November 11 through December 10 in the Lobby Art Gallery of the Garberville Library. The Opening for the show is on Saturday, November 11, at 5:00 PM. I will be there.

While I love to photograph in general, I have been drawn to the unique quality of light found at night almost since I began my photographic journey with a 35mm film camera given me by my folks for graduating from South Fork High School in 1985.

The International Space Station flies by Comet C/2020 F3 (NEOWISE) over the Eel River. Amazingly, at the same time that my family and I watched the Space Station pass by the comet, friends of mine 300 miles away outside of Sacramento, California, were watching the same event. July 18, 2020 in Humboldt County, California.

Throughout my career, I have returned to the night. An interesting feature of nighttime photography is that each night the light is different, for the brightest source of natural light – the moon – is brighter or darker every single night, and half the time it is not present at all. Objects in motion, from slow-moving pinpoint stars to passing cars, turn to streaks or distort into new shapes and forms. The night also allows me to add or paint with my own light in ways impossible during the day.

I am fascinated by a unique and interesting image, and I enjoy seeking them out in the starlight, with the ever-changing moon, and the unexpected pools and splashes of artificial light that mingle with the shadows in ways we never see in the daytime.

Where: Garberville Library, Lobby Art Gallery
When: November 11, 2022 through December 10, 2022
Opening Night: Saturday, November 11, 2022 at 5:00 PM.

(To read previous entries of “Night Light of the North Coast,” click here. To keep abreast of his most current photography or purchase a print, visit and contact him at his website mindscapefx.com or follow him on Instagram at @david_wilson_mfx. David teaches Art 35 Digital Photography at College of the Redwoods.)

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CLARE ROLPH WHEELER

July 25, 1925 - September 13, 2022

After a life filled with great adventure, family and friends, Clare Rolph Wheeler passed away on Sept. 13 at age 97 in her home where she was surrounded by her children and grandchildren.

Born in San Francisco to Hosmer Rolph and Dorothy Lindsay Rolph, Clare grew up on Maui, Territory of Hawaii, attended Punahou School in Hawaii and Bishop’s School in La Jolla, CA. She graduated from Pine Manor Junior College in Chestnut Hill, MA. Back in Hawaii she worked briefly for the war department, and met Leslie Wheeler, Jr., a submarine officer. They were married in 1946 in Honolulu. They settled in San Francisco and raised their four children. Clare had many Rolph relatives there. She was the niece of James Rolph, former governor of California and mayor of San Francisco. Clare was a longtime member of The Children’s Theater Association of San Francisco and served as president.

In 1962 Clare and Les purchased property near Yorkville, Mendocino County, which became the epicenter of her life and home for large gatherings of family and friends. It was an oasis of quiet basic living where she had an orchard, multiple gardens, and chickens. It was a “working ranch”, in the sense that Clare always had a job of some sort for anyone who visited, willing or not. She was involved with the Yorkville Sewing Circle, producing quilts to benefit the Anderson Valley Fire Department. She also made many quilts herself to adorn the beds at the ranch and for her family. For the rest of her life, Clare shuttled between the Bay Area and the ranch, transitioning seamlessly from town wear to blue jeans. Clare loved animals and always had a dog. She favored highly energetic McNabs who were inevitably named Starr.

Clare was a lifetime member of the California Academy of Sciences where her love of plants led to more than a decade of research with Gladys Smith, professor of botany at the University of San Francisco and the University of California. In 1992 they co-wrote “A Flora of the Vascular Plants in Mendocino County, California”, published by the University of San Francisco. Clare led the field expeditions all over Mendocino County collecting the specimens. She was also a member of the California Native Plant Society where she led field trips for the Dorothy King Young Chapter in Gualala. Clare was also a longtime supporter of Save the Redwoods League.

Her marriage of 45 years ended when Les died in 1992. Clare married Roane Sias, the second love of her life, in 1997. They settled in San Anselmo and later Greenbrae, all the while continuing to shuttle back and forth to the ranch. Together they continued a life of civic and outdoor activity. The marriage brought the Wheeler/Sias clan together at the ranch for great Thanksgiving feasts where, of course, work parties were mandatory. It was a time of warmth, love and fun. Roane passed away in 2015.

Clare is survived by her daughter, Lindsay Wheeler (Richard Makdisi) of Berkeley; her sons, Toby Wheeler (Indira Mukambetova) of Homer, Alaska; Richard Wheeler (Sheila) of San Anselmo; and Ned Wheeler (Lili Simpson) of Hailey, Idaho; and grandchildren Joe Wheeler and Kate Waldhauser, Eva Clare Wheeler, Lina and Miles Makdisi, Nicol Wheeler, Khadicha Mukambetova and Asek Wheeler, and two great grandchildren. In the Sias family, Clare is survived by Corrie Sias of San Rafael, Spencer Sias (Stacey) of San Anselmo, Ben Sias (Kristan) of Portland, Oregon, six grandchildren and three great grandchildren.

Memorial donations in the name of Clare Wheeler can be made to the Dorothy King Young Chapter of the California Native Plant Society and the Anderson Valley Fire Department.

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Mendocino's First Boy Scout Troop, 1926

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AUDITOR EXPLAINS SCHOOL BOND/PROPERTY TAX ERRORS

November 9, 2022, Ukiah CA

Mendocino County Auditor-Controller/Treasurer Tax-Collector Response to Mendocino County Schools Superintendent Michelle Hutchins November 9, 2022 Press Release

On Friday, October 28th, 2022 the Superintendent of County Schools, Michelle Hutchins, sent a letter to myself, the Auditor-Controller/Treasurer Tax-Collector, and the full Board of Supervisors siting difficulties the County school districts have had with completing compliance and reporting requirements some of which the Superintendent describes as persisting for over a decade and recommending establishing a “working group” to meet monthly to confer. Unfortunately, due to significant demands on my time I have not yet responded to the Superintendent’s letter. However, I did address some of the issues raised in the letter during the Board of Supervisors’ meeting on Tuesday, November 1st. I am unaware of all of the issues the Superintendent may be referring to over the last decade as I have only been in the Auditor-Controller’s office since 2018 and the Auditor-Controller/Treasurer Tax-Collector since July 2022.

As has been discussed in open sessions of several Board of Supervisors’ meetings over the last year, the Auditor-Controller’s office has experienced delays in the ability to provide information due to issues with the Property Tax System Conversion as well as the unanticipated early retirement of the former Auditor-Controller in September 2021 and the Board’s decision to not appoint an Auditor-Controller. Additionally, the office has been very short staffed. Unfortunately, the County is still working to resolve outstanding conversion issues with the Property Tax System vendor. The combination of these circumstances resulted in delays of information and distributions to the School Districts over the last year and the current fiscal year end close.

Despite working with reduced resources, Auditor-Controller’s office staff resolved the distribution issues and has been working diligently to provide information as soon as possible to the various agencies. The office has only very recently been able to hire additional staff, who need to be trained before adding significant capacity to the office. 

Specific issues raised in the Superintendent’s letter related to the ability of the County to provide final interest apportionment amounts for the last quarter of the fiscal year, reports that relate to the fiscal year end close and Bond Tax Rates. 

The delay in the interest apportionment (which was provided October 11th) was largely related to the staffing shortages in the Treasurer Tax Collector’s office. Those vacancies are because of the Board’s decision to consolidate the Offices of the Auditor-Controller and the Treasurer Tax-Collector which resulted in the unanticipated early retirement of the Treasurer Tax-Collector in March 2022 and the departure of the Assistant Treasurer Tax Collector in June 2022. There remain vacancies in the Treasurer Tax-Collector’s office. 

The remaining delays in the fiscal year end process and reports are impacted by the delays in the ability to fill positions and get staff fully up to speed to be able to spread the workload. Some staff members have been working long hours, including nights and weekends, without vacations for the last couple of years. The County has experiencing significant loss of long-term fiscal staff and filling those vacancies with highly qualified candidates has been challenging. This issue is not unique to Mendocino County. State and National Associations all report issues with the contraction of the finance labor pool. 

In September, the Government Finance Officers Association issued a Press Release and a Report entitled Meeting Demand for State and Local Public Finance Jobs. The report shows that many other sectors, including private sector finance, have added back jobs lost during the Covid-19 pandemic, but that there are still 30,000 fewer state and local public finance workers at present than in 2019. 

At the same time, the report charts how demand growth in state and local public finance outpaces its private sector counterpart and the economy overall – aggregate worker demand as measured by unique online job postings is up 92% for state and local public finance in the first half of 2022 compared to the same period in 2019, versus 60% for private sector finance and 41% for the public sector overall. 

Regarding Bond Rate Calculations: 

Mendocino Unified - There was an issue with the understanding of how the County calculated Bond Rates for the Bonds issued under the Measure H 2020 election for Mendocino Unified. Proceeds from the initial issuance included funds that were deposited into the Debt Service Fund for Mendocino Unified Bond Debt Service. The Bond was structured with the intent that those funds would be spread over the first four years of payments due starting with years ending 8/1/2020. Unfortunately, that plan was not based on an understanding of how the County calculated Tax Rates. The result was much lower than anticipated Tax Rate in the initial Tax year and much higher Tax Rates in the subsequent three years, ending 8/1/2023. 

Anderson Valley Unified - There was an error in the calculation of the Bond Rate for Debt Service for Anderson Valley Unified School District for the 2021-22 Property Tax Year for Measure A 2010 issued debt. The Rate assessed was 0.007 per $100 of assessed value and it should have been 0.059. Unfortunately, due to issues with the conversion to the new Property Tax System the County was not able to issue Corrected Bills. If the County had been able to issue a Corrected Bill, the additional amount would have been due in 30 days from issuance of the Corrected Bill. The result of not being able to issue the Corrected Bills is an increase to the 2022-23 Bond Debt Service Rate of 0.052 per $100 of assessed value, resulting in a final Bond Debt Service Rate of 0.158 for the 2022-23 Property Tax Year, split into two installments with the usual 2022-23 Property Tax payment deadlines. 

Potter Valley Unified - I am aware anecdotally that there was an issue with the initial rate for Potter Valley Unified 2015 election Bonds issued in 2016, but I have no details as to what the issue may have been.

Due to the issues with the Mendocino and Anderson Valley Rates, the Auditor-Controller’s office took additional steps this year to implement a process which confirmed the Debt Service Requirements for each District as well as the calculated Tax Rate with the District for the 2022-23 Property Tax Rates. Those Confirmations and Rates were sent to all Districts as well as their relative Bond Advisor if requested. Responses were received from all Districts and/or their Bond Advisor. The County has also contracted with debt tracking software that the County is in the process of implementing to help track the various bond issuances.

As the Auditor-Controller/Treasurer Tax-Collector, I am open to discussing increased communication with the Schools and the Office of Education. However, it’s unfortunate that the Superintendent did not reach out informally to gain a more accurate understanding about what measures had been taken this year with the Tax Rate verification, the status of the year end close or to discuss the proposed working group before issuing a formal letter. The Superintendent issued her letter to the Auditor-Controller/Treasurer Tax-Collector and copied the Board of Supervisors on a Friday afternoon and a little over a week later issued a Press Release escalating the issue and creating additional demands on staff to correct information and respond to requests for comment that take them away from completing the critical remaining tasks to wrap up the fiscal year end process.

I understand the frustration and waning patience with the delays over the last year. We are working hard to resolve staffing shortages and resume more timely reporting and sharing of information. I hope that everyone can grant myself and my staff a little more time to catch up and work to improve processes and response times. None of us asked for the issues with the Property Tax Conversion, the consolidation of the offices or the additional workload that has been the result of both situations. We are simply the public servants that have been willing to undertake the challenges and they have truly been monumental challenges. I ask that the staff in both offices – Auditor-Controller and Treasurer Tax-Collector - be treated respectfully as they are doing as much as possible with the time and resources available to them. 

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MENDOCINO COUNTY RESULTS (Preliminary)

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ED NOTES

THE MENDO VOTE TURNOUT is always better than fifty percent, while the statewide turnout is typically under fifty percent. In Tuesday's election Mendo, as usual, voted the straight Middle-of-the-Road ticket, enthusiastically returning the three zeds — Huffman, McGuire and Wood — for another stay in office doing little for the Northcoast they allegedly represent. The three zeds, incidentally, have been selected for us by Demo Central. We have zero input into the party's cash and carry affairs, let alone its candidates.

I DIDN'T VOTE for any of the individual candidates, he sniffed, deluding himself that anybody cared other than the people yelling at him to sit down and shut up. Pardon the following free association, but writing “sit down and shut up” reminded me of a high school civics teacher, an old guy named Benefield who, like a lot of veteran teachers sick and tired of dealing with smart ass high school kids, had long before ceased bothering to learn anybody's name. He called us all Pedro. “Sit down and shut up, Pedro. We're not there yet. That's next week.” Anyway, I'm unhappy that the political duopoly has shut out all the other alternatives to them. Used to be you could at least protest vote for P&F or Green, but now it's the three zeds or the unspeakables running as Republicans.

THE ONLY GOOD NEWS out of the state and national elections is the failure of the fascists to ride their predicted red wave coast to coast, that and the evident thumping that Trump himself took as party leader. But heir apparent, DeSantis, is much smarter and much more marketable than the Orange Curse as the big fascist bucks flow his way. This guy is much more of a menace than Trump. 

GOVERNOR NEWSOM easily tromped Brian Dahle, the sacrificial Republican. Can Newsom beat DeSantis? Newsom's clearly gearing up to run for the top spot as armed militias open fire on each other, and is the only plausible Democrat available. As Democrats go, the glib Marin County boy is preferable to any of the hacks and hackettes who coughed up the appalling Biden last time around, and the only person since Hillary who could have possibly lost to Trump. The two of them are by far the worst pair of candidates we've suffered in this country.

NO SURPRISES in the local elections. Libraries and firefighters cruised to reliable funding, although the fire people will have to keep a close watch on their money to ensure it doesn't disappear into the County's general fund.

KINDA SORRY to see John Redding lose his seat on the Coast Hospital Board simply for the entertainment value he brought with him. But to win election to any office in Mendo, you've got to be good at uplift, that bland mix of togetherness nostrums and the ability to look lunatics in the eye while smiling and repeating, mantra-like, “I hear you. Great idea. Thank you for sharing.” 

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Post Office, Mendocino, 1958

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JT SAYS THANKS

The partial tally is in and it appears that I have won a seat on the Mendocino Coast Health Care District Board. First, I want to thank the two women who agreed to undertake this campaign with me, Lee Finney, who also appears to have won a seat, and Susan Savage. I am particularly grateful for their skill and tireless work on the mechanics of running a campaign. Dawnmarie Risley-Childs appears to have won the third seat up for election, although she notified Katrina Bartolomie, Mendocino County Clerk-Recorder that she wanted to withdraw from the race. I am not sure what her plans are or whether congratulations are in order to her.

Additionally, I really want to thank everyone who contributed financially to the campaign. Being this far down-ballot, it is really difficult to get out the vote. Your financial contributions made our postcard effort and hand-outs possible.

Looking forward, the Mendocino Coast Health Care District is fundamentally responsible for supporting local health care for the roughly 29,000 people who live on the Coast, regardless of race, creed, gender, orientation, pronouns or political perspective. This new Board has its tasks cut out for it, to strengthen and make sustainable health care on the Coast for everyone. This will require working together with structure, comity and purpose. It will also take a lot more than the five of us to achieve what we need to achieve. We will need the creative participation and support of Coast citizens and health care consumers, on committees and with initiatives going forward.

In closing, I want to thank everyone who voted, for me, for Lee and Susan, for John and Dawnmarie. The consent of the governed through the ballot box is the cornerstone of our political agreement that allows us to live together peacefully. Health care starts with caring, contains the word “care”. My heart goal for this endeavor is to bring caring for each other to the forefront, and help us figure out how to do that together. Thank you.

Jade Tippett, Fort Bragg

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ATTORNEY GENERAL TO DA EYSTER:

District Attorney David Eyster Office of the District Attorney, County of Mendocino Courthouse

P.O. Box 1000 Ukiah, CA 95482

RE: Criminal Investigation of Former Ukiah Police Chief Noble Frederick Waidelich, Jr. (Sonoma County Sheriff’s Office Report No. SD002613013)

District Attorney Eyster:

You reached out to the Office of the Attorney General, expressing concern that an ongoing criminal investigation of former Ukiah Police Chief Noble Frederick Waidelich, Jr. creates the appearance of a conflict of interest for the Mendocino County District Attorney’s Office that requires the Attorney General to assume responsibility for the investigation of the matter.

The investigation arose from a complaining witness’s June 13, 2022, complaint to the Mendocino County Sheriff’s Office that Mr. Waidelich sexually assaulted her while he was on duty. The Mendocino County Sheriff referred the investigation to the Sonoma County Sheriff’s Office for “transparency” reasons.

Due to various factors, you are concerned that the public might perceive your office as conflicted in this investigation. However, the perception of a conflict does not require recusal or disqualification of the local elected prosecutor.

The Recusal Standard Under Penal Code section 1424

Penal Code section 1424 sets out the legal standards by which requests for recusal are evaluated. That section provides that a request to recuse a district attorney “shall not be granted unless it is shown by the evidence that a conflict of interest exists such as would render it unlikely that the defendant would receive a fair trial.” “Section 1424 was enacted in 1980 ‘in response to the substantial increase in the number of unnecessary prosecutorial recusals under the ‘appearance of conflict’ standard set forth in [People v. Superior Court (Greer) (1977) 19 Cal.3d 255].’ [Citation.]” (People v. Petrisca (2006) 138 Cal.App.4th 189, 194.)

To warrant recusal, two elements must be proven in order to justify transfer of responsibility under Penal Code section 1424. (Haraguchi v. Superior Court (2008) 43 Cal.4th 706, 711.) First, there must be a conflict of interest. (Hambarian v. Superior Court (2002) 27 Cal.4th 826, 833.) A conflict only exists where “‘the circumstances of a case evidence a reasonable possibility that the DA’s office may not exercise its discretionary function in an evenhanded manner.’ [Citation.]” (Ibid.) Second, it must be proven that any such conflict is “so grave as to render it unlikely that defendant will receive fair treatment during all portions of the criminal proceedings.” (Ibid.) In other words, “there must be ‘an actual likelihood of unfair treatment.’” (People v. Cannedy (2009) 176 Cal.App.4th 1474, 1485, quoting Haraguchi, supra, 43 Cal.4th at p. 719.)

The Appearance of a Conflict Does Not Warrant Recsual

A conflict requiring recusal must be “real, not merely apparent,” and disqualification is not permitted under Penal Code section 1424 “merely because the district attorney’s further participation in the prosecution would be unseemly, would appear improper, or would tend to reduce public confidence in the impartiality and integrity of the criminal justice system.” (People v. Eubanks (1996) 14 Cal.4th 580, 591; Haraguchi v. Superior Court, supra, 43 Cal.4th at p. 719; People v. Millwee (1998) 18 Cal.4th 96, 122-124; see e.g., People v. Cannedy, supra, 176 Cal.App.4th at p. 1485 [reversing an office-wide grant of recusal where, “[p]rior to ruling on the motion, the [trial] court expressed, in essence, that it would be cleaner if the Attorney General, rather than the district attorney, prosecuted the case”]; People v. McPartland (1988) 198 Cal.App.3d 569, 574 [“recusal cannot be warranted solely by how a case may appear to the public”].) “Thus, failing ‘the smell test’ is not enough to deny parties representation by the attorney of their choice” (Smith, Smith & King v. Superior Court (Oliver) (1966) 60 Cal.App.4th 573, 582), and even the appearance of an impropriety which “would be highly destructive of public trust” is, standing alone, “no longer a ground for recusal of the district attorney” (People v. Eubanks, supra, 14 Cal.4th at p. 593).

“There is simply no basis, in Penal Code section 1424 or case law, to infer that [the “appearance of a conflict”] standard has any application in a criminal matter.” (Spaccia v. Superior Court (2012) 209 Cal.App.4th 93, 106.) Penal Code section 1424 prohibits recusal “solely on the ground of the appearance of impropriety” (People v. Jenan (2006) 140 Cal.App.4th 782, 791-792), and it is well settled that “neither a district attorney nor an entire district attorney’s office could be recused for a mere appearance of impartiality, but could only be recused when there existed an actual likelihood of unfair treatment” (Spaccia v. Superior Court, supra, 209 Cal.App.4th at p. 104).

We appreciate the concerns about appearances you have raised, but we do not find a recusable conflict that would disqualify you or your office from handling this investigation. First, the pending civil case against Mr. Waidelich does not create a conflict of interest under recusal law. That lawsuit does not involve the alleged victim in the Waidelich criminal investigation. In addition, both the Mendocino County District Attorney’s Office and you, as an individual defendant, have been dismissed from that civil case. The possibility that Mr. 

Waidelich’s attorney might, at some future undetermined date, call you as an impeachment witness is purely speculative and “sheer speculation does not constitute sufficient evidence of potential bias to recuse an entire prosecutorial office from a case.” (People v. Hernandez (1991) 235 Cal.App.3d 674, 680.)

Second, the various professional and social relationships you may have shared with Mr. Waidelich, the Ukiah Police Department, and the Mendocino County Sheriff form nothing more than the appearance of a conflict. In making your request, you are striving to avoid the incorrect perception that your office might provide a high-ranking law enforcement suspect more favorable treatment, as opposed to pursuing an impartial assessment of the facts of the case. And you have raised the concern that various competing interests could be perceived by the general public as affecting any charging decision with respect to Mr. Waidelich. We appreciate those concerns about possible appearances to the public. However, those appearances do not constitute a recusable conflict, and we are confident you and your office will exercise your prosecutorial discretion in evaluating this case in the same fair, impartial, professional, and even- handed manner with which you assess all investigations presented to your office.

A recusal inquiry must focus on whether there is evidence demonstrating an actual likelihood that the Waidelich investigation will not be handled in a fair manner by the Mendocino County District Attorney’s Office, and not on how proceeding with the local prosecutor may appear to the public. The request for the Attorney General to assume this investigation is based solely on the concern that the public might perceive an appearance of a conflict of interest in this matter. However, there is no evidence that an actual conflict exists. We must therefore decline your request for our office to assume responsibility for this investigation.

Thank you for contacting the Attorney General regarding this investigation. We are confident that your office will continue to handle this investigation in a fair and impartial manner. Please contact us if you have any questions.

Respectfully,

Jeffrey M. Laurence

Senior Assistant Attorney General

For Rob Bonta

Attorney General

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Early White Settlers, Lake County

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COSTLY JURY SERVICE

Letter to the Editor

I believe Jury Duty is a civic responsibility that should be undertaken with pride and professionalism. Yes, it is disruptive to one’s normal schedule and can have long periods of boredom while waiting to be called to a jury pool. But without jurors, justice would be dispensed by a single person sitting in judgement and not by a jury of peers. 

Per the Mendocino Courts website: “No jury service fees are paid for the first day of service. Beginning the second day, jurors are paid $15.00 per day plus 34 cents per mile one-way from home to court for each day of service.”

Given that gasoline prices have doubled in the past two years, 34 cents a mile one-way doesn’t cover just the price of fuel let alone wear and tear driving Mendocino’s decrepit road network. Federal Courts now pay 62.5 cents a mile BOTH ways which is more in line with what the IRS has established for mileage reimbursement.

Interestingly, I found that Assembly Bill No. 1981 signed into law by Governor Newsom on September 15, 2022 established that mileage is to be reimbursed for travel ROUND trip. “(c) All jurors in the superior court, in civil and criminal cases, shall be reimbursed for mileage at the rate of thirty-four cents ($0.34) per mile for each mile actually traveled in attending and returning from court as a juror after the first day.” This is still a shortfall from the true cost of travel which is more like the Federal rate of 62.5 cents per mile driven. And the daily pay rate of $15 (after the first day) barely covers the cost of lunch in Ukiah or Fort Bragg.

Perhaps it's time for Jury Duty to be brought into the modern world. Attendance could be via electronic attendance such as using Zoom or Teams. 

Perhaps just for the initial questioning and jury selection. Sitting in a jury room waiting to be called is a sentence of boredom. Jury pay and mileage reimbursement should be improved to lessen the burden on citizens. 

Paying the current IRS allowed mileage rate for travel both ways should be legislated and implemented ASAP. Also, payment should be set at least at that of the State’s minimum wage (currently at $15 per hour) which should include that of the first day’s service.

How to pay for these reasonable reimbursements to jurors? For Civil trials, it seems fair that the losing party should pay the full costs of a pool of jurors allocated to the duration of the trial. For Criminal trials, the costs should be paid as a fine should the defendant lose or by the State’s General Fund should the State lose the conviction. Seems reasonable. 

Walt Watson

Point Arena

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Southern Pacific Train Transfer Ferry, "Contra Costa," 1925

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SECRET KNOCK’S MAGIC MILK

At the Philo Grange — November 11 & 12

by Marilyn Motherbear Scott

The creative legacy of the Anderson Valley Community (so coined in the program notes) is confirmed in this charming piece of silent theatre, Magic Milk, written and directed by Cob Martin, with music composed by Daniel McDonnell. A winning combination of talent, fun, and love. 

Magic Milk is a charming and nonsensical silent theatre, not unlike the silent movies of original filmdom; but no placards explaining the story. Nonetheless, it had most of the elements — musical accompanyment, high energy flight, slapstick, and an escape crisis and rescue. I cannot tell more; it would spoil. 

Except, I must, at least, hint at more.

Hidden in the mysterious smoke and mirror of moonlight madness, the enflamed spirit brings unexpected enmity and a bit of calamity, which brought dismay upon the audience and they respondeed with an appropriate Boooo! — Have I got your interest? No worries. There is much laughter and applause to offset the moment. 

Upon looking at the program, the personae are —

A Cow: Sophia Bates; a Dish: Mira Bauch; Fiddle: Leela Nasser-Gammett; Kitty: Sierra Peters; Cookbook: Doug Read; Duchass: Bernadette Restuccia; Cottonwick: Derek Roseboom; and Spoon: Charlene Rowland

Most of the characters are named as objects drawn from a childhood nursery rhyme, a nonsense ditty that I loved and repeated repeatedly. 

“Hey, diddle, diddle,”

by Mother Goose

Hey, diddle, diddle,

The cat and the fiddle,

The cow jumped over the moon;

The little dog laughed

To see such sport,

And the dish ran away with the spoon.

The action of the play also brought to mind the story of the Gingerbread Man wherein a line of people and animals chase after the runaway gingerbread man.

Run, run as fast as you can,

You can’t catch me,

I’m the gingerbread man.

And the story of the Giant Turnip — wherein — an attempt to pull the turnip out of the ground, causes a line of people and animals to form. Finally, a mouse adds his tiny dimension of weight; and, the turnip pops out of the ground causing a fall-back of people and critturs, like dominos. It’s all here in Magic Milk — the people, the critturs, the runners and a well-done fall-back line.

But what makes these players take flight?

The Magic Milk, of course. The cow eats the grass. The cow also eats an enticing bright red flower. The personae drink the cow’s milk. The milk makes them giddy and act silly. We are told by some-who-know, this grass that the cow eats is not symbolic of the grass that is eaten or otherwise imbibed, and known to make some giddy, or wildly creative! 

Magic Milk is, however, wildly creative — the sets, the costumes, the music, the story! The designer/ crew is too long to list; all totally amazing. The players are all fun and fabulous. Honorable mention goes to Cow who never misses a beat of the action, meeting it with incredible nuance and amazing grace. 

Magic Milk is It is a wildly creative folk tale enacted upon the stage of the Philo Grange with only two shows left. Friday and Saturday evenings, November 11 and 12. Philo Grange. Tickets at the door.

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SECOND SATURDAY GALLERY RECEPTION & KILN SHUT DOWN CEREMONY

November 12, 5pm-7pm (Kiln Ceremony 6:30pm-7:30pm) — Free Admission

Join us for a special opportunity to witness our wood kilns in action. Artists will be conducting the final stages of the woodfiring during our Second Saturday Reception, you’ll be able to see the kiln in its most active and dramatic state. View the work in the exhibition and see how it’s made. From 6:30pm-7:30pm, you are invited to participate in the kiln shut down ceremony, a final stoke and blessing of the firing and works in the kiln, the shutting down of the kiln is one of the single most critical parts of the woodfiring process. This special event is something you’ll want to witness. The work in the kiln will be unloaded and installed in the gallery for the second chapter of the “Earth Fire and Ash” exhibition, opening November 25. 

On exhibit:

Mendocino Art Center

45200 Little Lake Street at Kasten Street, Mendocino

707.937.5818

https://www.mendocinoartcenter.org

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Big Pumpkins, 1912 Apple Fair, Mendocino

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AV VILLAGE MONTHLY GATHERING: HIGH TEA PARTY

This Sunday, November 13th, *3 - 4:30pm (note time change)

Anderson Valley Senior Center – Refreshments served – Door Prize awarded to the lucky winner!

Join us for a festive Tea Party (and Coffee too) with savory and sweet treats. Consider dressing up in your fancy tea time attire or just come in your favorite "€œtea"€ shirt! Bring a friend.

*The gatherings will be earlier (3 pm) in the winter months so that folks don'€™t have to drive home in the dark.

Another member will briefly introduce their passions, skills or hobbies and how they ended up here. One member will share at each event –€“ please let us know if you are interested in sharing.

Please RSVP with the coordinator -€“ thank you!

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Mendocino, circa 1930

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COUNTY WELL PERMITTING WORKSHOP

Part 1: Sharing Information and Receiving Preliminary Input

Date: 11/15/2022 5:00 PM - 6:30 PM

Location: Barra of Mendocino Winery & Event Center

7051 N State St

Redwood Valley, California 95470

Are you a well driller or do you use groundwater for agricultural or industrial purposes? Join Mendocino County Environmental Health and the Ukiah Valley Basin Groundwater Sustainability Agency for a well permitting workshop on November 15 from 5-6:30 at BARRA of Mendocino Event Center to learn more about local groundwater planning efforts and share your input on proposed changes to the groundwater well permitting process driven by Executive Order N-7-22. 

mendocinocounty.org/government/affiliated-agencies/ukiah-valley-basin-gsa

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BASKETWEAVERS PANEL: NOV. 19 AT GRACE HUDSON

On Saturday, November 19, from 1 to 2 p.m., the Grace Hudson Museum will present an artists panel of Native basketweavers. Silver Galleto, Robin Meely, Martina Morgan, and Corine Pearce will talk about their art and practice. All have work in the Museum's current exhibit, “Gathering Time: Pomo Art During the Pandemic,” featuring the work of 15 contemporary Pomo artists, reflecting on the heartbreak of COVID and the cultural traditions that sustained them. 

The Grace Hudson Museum is at 431 S. Main St. in Ukiah. For more information please go to www.gracehudsonmuseum.org or call (707) 467-2836. 

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Middletown Rancheria

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UNITY CLUB NEWS

by Miriam Martinez

Santa Claus is coming to town!

On December 3rd the A. V. Unity Club will host its annual Holiday Bazaar in the Apple Hall from 10 to 4 and Santa will be there from 11 to 1 or there abouts. He wants to greet all the boys and girls then sit for a photo with them.

You'll find wreaths, baked goods, jewelry, and hand-made gifts for all the family. If you get hungry, the Teen Center will have food and beverages for you at the Canteen. The youngsters can enjoy making ornaments in the Craft Corner sponsored by the Parent Teacher Alliance, in the Dining Room adjacent to Apple Hall.

We will hold a Silent Auction of several gifts from local merchants, artists and entrepreneurs. The list of items will be published in late November, and at the door. Admission is FREE. Mark your calendars for Saturday December 3rd for the Holiday Bazaar.

Our local Lending Library will have extended hours for the Holiday Bazaar.

It will be open in the Home Arts Building from 10 to 2:30 on December 3rd only.

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Vince, Joe and Dom DiMaggio, all three of whom once played in Fort Bragg with a visiting Frisco team

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UKIAH TREE SERVICE

I am Alex Christiansen, owner of the local tree service ATC TREE. We managed to get through another fire season but now with the arrival of winter it may be time to turn attention to other potential hazards. 

Many trees have suffered because of the many years of drought and it is a good time to have a professional assessment of your property. Especially if trees lean towards structures.

Reach out to me if you would like a free bid on trees that could give you an unwanted sky light! 

Also check out my business page ATC TREE.

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Charles and Bessie Millard, 1888

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FAIRGROUNDS ZINNIAS

by Debra Keipp

Last week, a friend brought me a bouquet of flowers - Zinnias bordering the Fairgrounds. I’d heard a few Valley folks say they picked bouquets of Zinnias, because the Fairgrounds staff would be yanking them soon. After my gift bouquet went dead, I stopped at the Fairgrounds and picked enough for a few more bouquets at my office. 

Zinnias and I have history. I never liked the flower much. When I was a young child, my mom would have me help her with the planting of the food garden. The only thing NOT food in the garden was the row of Zinnias that bordered the garden from the adjoining yard. She always gave me the Zinnias to plant, and every year I’d ask her if we could plant a better flower, one that at least had an aroma. When mom would press a bouquet of zinnias into my hand to give to my teachers as a child, I’d apologize while handing them over, for their lack of pleasant aroma. Every Spring when sitting at the kitchen table sorting through her collection of seeds, mom would rattle that package of zinnias, throwing it at me, “Here’s your xenias! Catch!” No option. It was expected of me. The border crop. 

The garden was maybe a quarter of an acre, located in the back yard. Everything but sweetcorn. The sweetcorn was hidden inside the fieldcorn rows, planted with the tractor by planter within the 200 acre corn field. Sweet corn was always hidden in several rows here and there, to hopefully confuse the raccoon, who easily stood on each other’s shoulders to reach and pick the sweet corn. It’s their opposable thumbs I think that enable raccoon to manipulate so much, so well. They’d clean out the whole row once they found it. Hungry and relentless. 

Now I look at the Zinnias that sit in attractive flower vases in each room of my office and the porch outside under the awning. They’re just beautiful in an unfussy sort of way, in all their multi-color display. They grow in every bright color, from 18 spare pedals to a tightly packed 200, no two are alike. I never appreciated zinnias til now for some reason. I guess it’s because I’m not looking at them for their smell any more. Now I appreciate their bold colors, but mostly, I notice that the zinnia border at the Fairgrounds remains uninterrupted by deer. I’m always looking for plants and flowers the deer won’t eat. Zinnias might be it.

I Google, “Are Xenias deer resistent?” And sure, nuf, Zinnias are. Deer tend to avoid zinnia plants because they do not like the smell of them. I tell ya, though, Zinnias don’t smell. ‘Never have. 

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CATCH OF THE DAY, Wednesday, November 9, 2022

Adeniyi, Bernal, Brainerd, Galvan

ADEMOLA ADENIYI, Sayerville, New Jersey/Ukiah. Pot sales, pot transportation, conspiracy.

OSCAR BERNAL, Ukiah. Mandatory supervision violation.

CHRISTIAN BRAINERD, Willits. Domestic battery, failure to appear.

VINCENT GALVAN, Fort Bragg. Parole violation. (Frequent flyer.)

Hanover, Iribe, Pedigo, Petricka

GORDON HANOVER SR., Ukiah. Probation revocation.

NELSON IRIBE-BURGOS, Covelo. DUI.

RONALD PEDIGO, Ukiah. Parole violation.

DARREN PETRICKA, Santa Rosa/Ukiah. DUI, misdemeanor hit&run, parole violation.

Roberts, Sanchez, Vasquez

SEAN ROBERTS JR., Irvington, New Jersey/Ukiah. Pot sales, pot transportation, conspiracy.

SAMUEL SANCHEZ, Ukiah. Parole violation. (Frequent flyer.)

ADAM VASQUEZ, Hopland. Probation revocation.

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REPEAT, PLEASE

Chant Om Namah Shivaya to Destroy the Demonic and Return this World to Righteousness

Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya Om Namah Shivaya 

Craig Louis Stehr

Email: craiglouisstehr@gmail.com

Telephone Messages: (707) 234-3270

Send Money Here: Paypal.me/craiglouisstehr

Send Checks/Money Orders Here: P.O. Box 938, Redwood Valley, CA 95470

da blog: http://craiglstehr.blogspot.com

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CA PROP RESULTS: Voters affirm abortion rights, reject sports gambling

by Dustin Gardiner

No betting on sports games — either in tribal casinos or via online apps. And no tax hikes to pay for electric cars.

But California will enshrine abortion rights in the state Constitution, uphold a ban on flavored tobacco and increase funding for arts education in public schools.

Those are the practical effects of several statewide ballot measures that voters approved or rejected in Tuesday’s election, according to early returns. Voters decided the fate of seven statewide ballot measures this year, notably less than recent election cycles.

That said, fewer ballot measures hasn’t meant less controversy. More than half of the measures failed: Voters reject ed two rival propositions on sports gambling and another dealing with funding for electric cars.

Propositions were the focal point of negative ads and spending this cycle given a dearth of competitive candidate races. Here are the unofficial results of each measure on the statewide ballot:

Prop. 1: Abortion rights in the state Constitution

Voters overwhelmingly approved Prop. 1, which enshrines the rights to abortions and birth control in the California Constitution. T he measure led 68% to 32%. State legislators placed the measure on the ballot in June, after the U.S. Supreme Court ended federal abortion rights by overturning the 1973 Roe v. Wade decision.

While abortion is still legal under California law, state legislators and Gov. Gavin Newsom argued Prop. 1 is needed to protect those rights in case the federal government passes national abortion restrictions. Supporters hope a wide margin of victory could send a strong, pro-choice message across the country.

One factor that could temper abortion advocates’ celebration: Republicans in Congress have proposed a national abortion ban — which, if enacted, could override California law.

Prop. 26: Sports betting at tribal casinos

Voters easily rejected Prop. 26, which would have allowed sports betting at Native American tribal casinos and the state’s four horse racing tracks. The measure trailed 70% to 29%. It would have also authorized tribes to offer roulette and games played with dice, like craps, at their casinos.

Prop. 26 was at the center of a blistering turf battle between tribal communities and online gaming companies that sponsored a competing measure to allow widespread sports wagering in the state.

Prop. 27: Online sports betting

Voters also defeated Prop. 27, which would have allowed gamblers to bet on sports as well as award shows and video game competitions from anywhere in California. The measure trailed 84% to 16%. Online gaming companies like FanDuel and DraftKings could only have entered the market if they partnered with a California Native America tribe.

While both Props. 26 and 27 died at the ballot box, voters will likely see an online sports betting measure again in 2024, as DraftKings’ CEO recently suggested.

Prop. 28: Arts education in schools

Voters easily approved Prop. 28, which increases how much California spends on arts and music education in K-12 public schools. The measure led 63% to 37%. It requires the state to increase funding for such programs by about $1 billion starting next year.

Proponents argued arts education helps students with cognitive development and spatial learning, and improves school attendance. The measure had no formal opposition.

Prop. 29: Kidney dialysis clinic regulations

Voters defeated Prop. 29, which w ould have tightened regulations on kidney dialysis clinics, by a wide margin. The measure trailed 70% to 30%. It’s the third time, since 2018, that such a measure has failed. This year’s version would have required that a licensed physician, registered nurse or physician assistant be on site during all of a clinic’s treatment hours.

Supporters, led by a union representing medical workers, argued it would make clinics safer. Opponents, funded by dialysis clinics, said it was a unionization effort masquerading as a safety measure.

Prop. 30: Funding for electric cars

Voters rejected Prop. 30, which would funded programs to reduce greenhouse gas emissions, was trailing significantly. The measure, the only toss-up proposition on the state ballot heading into Election Day, trailed 57% to 43%.

It would have increased income taxes on wealthy people and require the state to use the money on electric vehicle rebates and infrastructure, as well as wildfire prevention programs. If approved, taxes would increase by 1.75% on income above $2 million.

Supporters, bankrolled by ride-hailing company Lyft, argued the state needs to electric cars to help stave off the worst impacts of climate change. But opponents, including Newsom and the California Teachers Association, called the measure a self-interested ploy to get taxpayers to cover Lyft’s cost to move its fleet to electric cars.

Prop. 31: Ban on flavored tobacco products

Voters overwhelmingly approved Prop. 31, which bans flavored tobacco products. The measure led 65% to 35%. S tate legislators and Newsom passed the ban in 2020, but the tobacco industry gathered signatures to force a voter referendum. The ban applies to most flavored tobacco, with exceptions for handmade cigars that cost at least $12, loose leaf tobacco and shisha tobacco sold by licensed hookah retailers.

Enshrining abortion rights in the state Constitution, upholding a ban on flavored tobacco and increasing funding for arts education in public schools. But no betting on sports games.

Those are the practical effects of several California ballot measures that voters were on track to approve or deny in Tuesday’s election, according to early returns. Voters decided the fate of seven statewide ballot measures this year, notably less than recent election cycles.

That said, fewer ballot measures hasn’t meant less controversy. Nearly half of the measures were slated to fail: Voters rejected two rival propositions on sports gambling; another dealing with funding for electric cars was too close to call.

Propositions were the focal point of negative ads and spending this cycle given a dearth of competitive candidate races. Here are the unofficial results of each measure on the statewide ballot:

Prop. 1: abortion rights in the state Constitution

Voters easily approved Prop. 1, which enshrines the rights to abortions and birth control in the California Constitution. State legislators placed the measure on the ballot in June, after the U.S. Supreme Court ended federal abortion rights by overturning the 1973 Roe v. Wade decision.

While abortion is still legal under California law, state legislators and Gov. Gavin Newsom argued Prop. 1 is needed to protect those rights in case the federal government passes national abortion restrictions. Supporters hope a wide margin of victory could send a strong, pro-choice message across the country.

One factor that could temper abortion advocates’ celebration: Republicans in Congress have proposed a national abortion ban — which, if enacted, could override California law.

Prop. 26: sports betting at tribal casinos

Voters overwhelmingly defeated Prop. 26, which would allow sports betting at Native American tribal casinos and the state’s four horse racing tracks. It would have also authorized tribes to offer roulette and games played with dice, like craps, at their casinos.

Prop. 26 was at the center of a blistering turf battle between tribal communities and online gaming companies that sponsored a competing measure to allow widespread sports wagering in the state.

Prop. 27: online sports betting

Voters also overwhelmingly rejected Prop. 27, which would have allowed gamblers to bet on sports as well as award shows and video game competitions from anywhere in California. Online gaming companies like FanDuel and DraftKings could only have entered the market if they partnered with a California Native America tribe.

While both Props. 26 and 27 died at the ballot box, voters will likely see an online sports betting measure again in 2024, as DraftKings’ CEO recently suggested.

Prop. 28: arts education in schools

Voters easily approved Prop. 28, which increases how much California spends on arts and music education in K-12 public schools. The measure requires the state to increase funding for such programs by about $1 billion starting next year.

Proponents argued arts education helps students with cognitive development and spatial learning, and improves school attendance. The measure had no formal opposition.

Prop. 29: kidney dialysis clinic regulations

Voters soundly defeated Prop. 29, which would tighten regulations on kidney dialysis clinics. It’s the third time, since 2018, that such a measure has failed. This year’s version would have required that a licensed physician, registered nurse or physician assistant be on site during all of a clinic’s treatment hours.

Supporters, led by a union representing medical workers, argued it would make clinics safer. Opponents, funded by dialysis clinics, said it was a unionization effort masquerading as a safety measure.

Prop. 30: funding for electric cars

The fate of Prop. 30, which would fund programs to reduce greenhouse gas emissions, was too close to call on election night. The measure would increase income taxes on wealthy people and require the state to use the money on electric vehicle rebates and infrastructure, as well as wildfire prevention programs. If approved, taxes would increase by 1.75% on income above $2 million.

Supporters, bankrolled by ride-hailing company Lyft, argued the state needs to electric cars to help stave off the worst impacts of climate change. But opponents, including Newsom and the California Teachers Association, called the measure a self-interested ploy to get taxpayers to cover Lyft’s cost to move its fleet to electric cars.

Prop. 31: ban on flavored tobacco products

Voters were on track to narrowly approve Prop. 31, which would ban flavored tobacco products. State legislators and Newsom passed the ban in 2020, but the tobacco industry gathered signatures to force a voter referendum. The ban would apply to most flavored tobacco, with exceptions for handmade cigars that cost at least $12, loose leaf tobacco and shisha tobacco sold by licensed hookah retailers.

(SF Chronicle)

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FORMER SF GIANT AUBREY HUFF GETTING CLOBBERED IN SCHOOL BOARD RACE

by Alec Regimbal

Former San Francisco Giants star Aubrey Huff, who's become infamous for being a right-wing troll since retiring from his career in professional baseball, is badly losing his school board race in the Southern California city of Solana Beach as of Wednesday morning

Preliminary election results from Tuesday's general election show that Huff's opponent, longtime incumbent Debra Schade, is leading Huff 80.6% to 19.4%.

The election results are unsurprising, and such an outcome had been expected from the time Huff first filed to run for office. A San Diego Union-Tribune analysis of this year's June primary election shows that there isn't a single Solana Beach precinct in which Republicans outnumber Democrats. Huff ran in the coastal portion of Solana Beach, and the Tribune analysis shows Democrats have a double-digit voter registration advantage in all of Solana Beach's coastal precincts.

Huff appeared to be relying on star power to win the race — he wrote “Retired Professional Athlete” on his filing paperwork — but it's clear his very public right-wing views didn't sit well with voters, even in the non-partisan race for a school board seat. Before being suspended from Twitter late last year for repeatedly violating the platform's COVID-19 misinformation policy, Huff was known for highly inflammatory posts. He went viral for one posted in November 2019 that showed him at a shooting range with his two sons.

“Getting my boys trained up on how to use a gun in the unlikely event @BernieSanders beats @realDonaldTrump in 2020,” Huff wrote. “In which case knowing how to effectively use a gun under socialism will be a must.”

He posted another controversial tweet in January 2020 after learning that the Giants had promoted Alyssa Nakken to be an assistant coach, making her the first full-time female assistant coach in the history of Major League Baseball.

“I got in trouble for wearing a thong in my own clubhouse when female reporters were present,” he wrote. “Can't imagine how it will play out with a full time female coach running around. This has #metoo & #BelieveAllWomen written all over it ... Couldn't imagine taking baseball instruction from an ex female softball player.”

It's unclear why Huff thought he could win elected office in a deep-blue city after his past controversies.

(SFgate.com)

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THE REPUBLICAN ELITE MAKES ITS MOVE AGAINST TRUMP

by Jonathan Chait

Earlier this year, I wrote a profile of Ron DeSantis, a figure who seemed to point the way toward the party’s post-Trump future. That future, it seemed to me, could arrive much sooner than many people forecast at the time. “If you completely dismiss the possibility that DeSantis could pry the Republican base away from a president to whom it has formed a cultlike attachment,” I argued, “you may not be considering the potential effect of two more years of DeSantis being given the sort of coverage in the right-wing media that Pravda devoted to Joseph Stalin.”

That dynamic has been in effect at gale force since last night. The midterm election could not have set up a more favorable dynamic for the Florida governor. His state, which reported its vote early, delivered a huge victory for Republicans. And then the party proceeded to underperform almost everywhere else, leaving Florida as an outlier.

The Republican-aligned media, which has spent the past year trumpeting DeSantis as the party’s future, has devoted itself to this message almost exclusively since last night. Here is a typical example of the conservative media’s coverage of the elections:

The sentiment that Trump lost and DeSantis won is reflected across the spectrum of conservative media, encompassing those who disdain Trump as a liability but support him anyway and those who embrace him enthusiastically. The anti-anti-Trump National Review has headlines like “Tonight’s Emerging Narrative: DeSantis vs. the Rest of the Nation” and “Casey DeSantis Is the Greatest Political Mind in Modern History.” But even a Trumpist organ like American Greatness is running headlines such as “DeSantis Is the Night’s Big Winner.”

DeSantis has consolidated the support of the conservative movement by courting its most right-wing elements. He wooed insurrectionists, QAnon enthusiasts, and anti-vaxxers, the last of which is a constituency that has allowed him to run to the right of Trump, who is saddled with the liability of having created Operation Warp Speed. At the National Conservatism Conference, the party’s semi-fascist wing believed the American version of Viktor Orbán was not Trump but DeSantis.

The conventional wisdom all this time has held that Trump would simply bully DeSantis or anybody who stood in his path, just as he humiliated the likes of Jeb Bush and Ted Cruz. But this belief relies on the lazy assumption that whatever dynamic pertained in the last contested Republican primary would automatically continue. DeSantis has the advantage of a unified conservative-movement apparatus behind him, which Trump’s rotating cast of 2016 opponents never enjoyed.

You could see the new dynamic playing out already when Trump, returning to his familiar tools of innuendo and emasculation, told Fox News, “If he did run, I will tell you things about him that won’t be very flattering. I know more about him than anybody other than perhaps his wife, who is really running his campaign.” This attack was met with a chorus of boos from the right.

It might be the case that members of the party base are so loyal to Trump that they follow him regardless of what their favorite media personalities tell them. But conventional wisdom has grown far too sour on the power of the party Establishment. After 2012, political insiders believed the “party decides” thesis showed that voters follow cues from elites. Trump’s victory confounded that thesis, causing a reaction against it. But a more sober reading of the evidence suggests that party elites, while not all-powerful, still have considerable influence, especially when they coordinate.

The Republican Party has run several elite favorites with a mixed record of success in primaries. But the last time it unified behind a single candidate in the primary was in 2000, when the party coalesced around George W. Bush. DeSantis has put together Bush-like support from every corner of the movement: its donors, its activists, its media personalities.

Trump’s greatest advantage over DeSantis, and the one issue on which DeSantis has let Trump outflank him on the right, is the 2020 election. Trump fervently insists he won, while DeSantis (like most Republican officials) refuses to say anything. DeSantis, who appears almost exclusively in party-aligned media, has managed to avoid the topic. In a contested primary, Trump will make it hard for him to dodge the issue and will use it to paint DeSantis as a dissembler.

But I believe DeSantis will have a response. He can call Trump a loser, and if Trump insists the election was stolen, DeSantis will berate him for letting the election get stolen. DeSantis won’t denounce the coup attempt; he will denounce Trump for its lack of success. The promise he will make to the base will be to fight stronger and meaner than Trump and do whatever it takes to win power.

DeSantis will never have Trump’s skills as a television performer. But having the support of a unified party apparatus is a commanding advantage. His chance of beating Trump was always much higher than the skeptics allowed. Now we are seeing those advantages being put to their full use.

(nymag.com)

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“POLITICS AND DEFENSE SPENDING are intertwined in ways that most people do not appreciate. I gained some insight into the corruption of this process thanks to my neighbor (when I lived in one of the Washington, DC suburbs). My former neighbor is 15 years younger than me and owns the largest defense lobbying firm in Washington, DC. His job entailed signing up major and minor manufacturers of weapons and military equipment. They paid him hefty monthly fees. In turn, my neighbor—let’s call him “Mr. D”—would wine and dine key members of the House of Representatives and the Senate. He was the man the legislators wanted to see because he could host “dinners” that raised money that was poured in turn to the bank accounts of those members of Congress. Buying influence in Washington is a multi-million dollar business that generates billions for the Defense Industry and has inflicted misery, suffering and death on millions of foreigners. I am afraid that the election in the United States will not alter the defense incest that dominates Washington, DC. The corrupt system will have to be broken by an outside force. What worries me is that the United States, in a moment of hubris, will find itself in a war with Russia or China and will discover the hard way that the expensive weapon systems will fail or be destroyed quickly on the battlefield. Like an alcoholic at the end of his ropes, the system must hit bottom and admit the addiction. Only then is reform possible. 

— Larry Johnson

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IT’S TIME THE GOP DUMPED TRUMP THE GRUMP AND RAN WITH RON DESANTIS

by Piers Morgan

In the fall of 2008, I interviewed Donald Trump in a vast Beverly Hills mansion he’d recently bought, and he admitted the crucial importance of success to his brand.

“America loves winners, period,” he said. “You gotta win, that’s what it’s all about. You know, Muhammad Ali used to talk and talk, but he won. If you talk and talk but you lose, the act doesn’t play.”

I thought of that statement today as shocked Republicans squinted to catch sight of the barely perceptible ripples of a widely predicted red wave that never materialized in the midterm elections.

To say they didn’t see this coming is the understatement of the millennium.

In the past week, podcast king Joe Rogan declared, “The red wave that’s coming is going to be like the elevator doors opening up in ‘The Shining,'“ and Sen. Ted Cruz predicted “not just a red wave but a red tsunami!”

But it never happened — leaving the party faithful both baffled and furious.

“There’s a guy in the White House who was searching for a dead woman in the room with him, and Democrats ran for Senate a guy who literally can’t talk,” raged conservative commentator Jason Howerton. “That’s not even factoring in economic devastation caused by bad policy. If you can’t execute a red wave today, when can you ever?”

On Fox News, former George W. Bush speechwriter Marc Thiessen branded it an “absolute disaster” for Republicans and seethed: “We have the worst inflation in four decades, the worst collapse in real wages in 40 years, the worst crime wave since the 1990s, the worst border crisis in US history, we have Joe Biden, who is the least popular president since Harry Truman, since presidential polling happened, and there wasn’t a red wave. That is a searing indictment on the Republican Party. That is a searing indictment of the message that we have been sending to the voters. They looked at all of that and looked at the Republican alternative and said, ‘No thanks.'“

Actually, I think they looked at Donald Trump and said, “No thanks.”

There’s no getting away from the cold, hard political reality that it was a surprisingly better night for the Democrats and President Biden than anyone, including them, expected.

And the reason for this had little to do with anything they did, other than correctly bet that the issue of abortion rights would be a vote-energizer for them — and everything to do with Trump’s toxic stranglehold on the GOP.

He can try, as he is, to ludicrously spin it as some kind of pyrrhic victory, but last night’s biggest loser was the permanently whining, fuming former president, and he has only himself to blame.

Back in May, after the primaries, I wrote a column warning Trump: “I still think you have a good chance of winning the Republican nomination for the 2024 election and then winning back the White House. But if you keep banging on about the 2020 election, you’ll end up increasingly marginalized and irrelevant and the party will move on without you — especially now they can see that Republican candidates can win big by refusing to buy into your conspiracy theory crap.”

He ignored me, and many in his own party giving the same advice, and now he’s reaped the Big Loss from perpetuating the Big Lie.

Make no mistake, these results represent a crushing political smackdown for Trump.

Many of his biggest handpicked candidates lost in races the Republicans should have won.

From defeats of Dr. Mehmet Oz in the Pennsylvania Senate race, to Doug Mastriano and Tudor Dixon in the Pennsylvania and Michigan governor’s races, this was a shuddering repudiation of Trump’s supposed Midas touch with voters, and of his refusal to admit he lost the 2020 election.

In the end, as Senate Minority Leader Mitch McConnell said it would, candidate quality mattered.

And even worse for Trump, the biggest winner of the night was his archnemesis, Florida Gov. Ron DeSantis, who crushed Charlie Crist by nearly 20 points to massively increase his majority from just 34,000 votes in 2018 to 1.5 million this year.

In his victory speech, DeSantis cited his hugely popular keep-things-open pandemic policies and prioritizing “education” over “indoctrination,” and he even invoked Winston Churchill as he exclaimed: “We fight the woke in the Legislature. We fight the woke in the schools. We fight the woke in the corporations. We will never, ever surrender to the woke mob.”

As his ecstatic supporters roared their approval, I can only imagine how enraged Trump would have been watching all this down the road in Mar-a-Lago.

During the past week, he’s been sniping away at his far younger rival, branding him “Ron DeSanctimonious,” and yesterday issuing a direct threat: “I think if he runs, he could hurt himself very badly. I would tell you things about him that won’t be very flattering — I know more about him than anybody — other than, perhaps, his wife.”

That pathetic, mafioso-style behavior told me all I needed to know about just how worried Trump is about DeSantis stealing his thunder, and today, that worry will have morphed into outright horror.

It wasn’t just that many of his top picks bombed, it was also that many Republican candidates who actively distanced themselves from Trump, like DeSantis, and Brian Kemp and Mike DeWine in the Georgia and Ohio governor’s races, all won well.

Even one of his Senate endorsements who did win, JD Vance in Ohio, thanked 34 people in his victory speech and didn’t mention Trump!

This followed a pattern set by Virginia Gov. Glenn Youngkin’s gubernatorial win a year ago after he kept Trump at arm’s length.

And there can only be one conclusion: The man who stunned the world with his astonishing presidential win in 2016 has become a serial electoral turnoff, losing the White House, the Senate and the House in 2020, and now costing Republicans big-time in the midterms.

For two years, Donald Trump has been talking the Big Lie talk again and again, but in that time, he’s lost again and again.

And by his own yardstick, the act just doesn’t play anymore.

Especially when there’s a new guy on the block whose bold, brash talk is walking the walk with an increasingly triumphant swagger.

Ron DeSantis has now proved he’s got what it takes to drive the Republican Party forward, right at the moment Donald Trump’s now proved all he’s got is bitterly dragging the party back to past failures and a democracy-denying state of unelectable inertia.

And then there’s the age factor: Trump would be 78 if he became president again, and as Biden has painfully shown, running the country is a younger man’s game.

These results tell me that most American conservatives have tired of the MAGA/Trumpism constant chaotic circus.

* * *

* * *

AN ACQUAINTENANCE OF MINE, Lady Diana Cooper actually, was waiting under an umbrella outside the Dorchester hotel in the 1930s and tapped her foot with impatience as her Rolls was brought round to the front. Seizing his chance, a ragged man approached her without the courtesy of an introduction and announced that he had not eaten anything for three days. The outraged Lady Diana drew herself up. “Foolish man that you are,” she instructed him. “You must try. If need be, you must force yourself.”

— Julian Amery, British Tory, 1955

* * *

* * *

POOR COUNTRIES NEED CLIMATE FUNDING. THESE PLANS COULD UNLOCK TRILLIONS.

As global warming delivers cascading weather disasters, leaders at U.N. climate talks say it’s time to radically overhaul the World Bank and International Monetary Fund.

by David Gelles and Max Bearak

The World Bank and the International Monetary Fund were created 80 years ago to rebuild countries devastated by World War II and to stabilize the global economy. But an expanding group of world leaders now say the two powerful institutions need a 21st century overhaul to handle a new destructive force: global warming.

There is growing momentum behind a set of ideas that would fundamentally overhaul the two powerful financial institutions, which frequently loan or grant money from rich, industrialized nations to developing countries. The proposals are rapidly gaining traction among heads of state, finance ministers and even leaders of the bank and the fund, who are all meeting now at the United Nations climate summit known as COP27.

The current global financial system was designed to try to alleviate poverty through loans or grants to help nations develop or recover from calamity. Loans were based on risk, and wealthier nations were charged lower interest rates and offered better terms than poor countries.

But as climate change continues to deliver a cascading series of hurricanes, floods, drought and fires, poor nations have found themselves victims of not only extreme weather but of the financial institutions designed for a different age. They are desperate for funds to recover from climate disasters while also starved for money to prepare for the next calamity. They are saddled with debt, yet need to invest in a transition away from fossil fuels so they can lower the emissions that are heating the planet and causing so much damage in the first place.

If implemented, the reforms being considered would make significantly more money available to developing nations to mitigate the effects of climate change, deploy those funds faster, offer struggling countries lower interest rates and allow them to pause debt payments after major disasters. Supporters say the changes would also enable the institutions to attract trillions of dollars in private capital to help nations prepare for climate disasters and transition to wind, solar and other clean energy.

Should the overhaul to the World Bank and I.M.F. occur, it could represent the biggest mobilization of international finance in history to help developing countries cope with and adapt to a warming planet.…

nytimes.com/2022/11/09/climate/imf-world-bank-climate-cop27.html

* * *

25 Comments

  1. George Hollister November 10, 2022

    “but now it’s the three zeds or the unspeakables running as Republicans.”

    Spoken like a good Democrat. Fords are junk and I won’t buy one, but I would never consider buying a Chevy.

    “the evident thumping that Trump himself took as party leader”.

    That was the good part. Most of Trump’s candidates lost. I assume most voters see Trump as unstable, and unfit for office, which he has demonstrated to be correct. Good policies can’t makeup for erratic, and destructive behavior.

    • Chuck Dunbar November 10, 2022

      Just so–Good summary of the election big picture.

    • Marmon November 10, 2022

      I support President Trump for President in 2024. My second choice is President Trump. My third choice is President Trump!

      Marmon

      • Bruce Anderson November 10, 2022

        He’s over, Jimbo. Here’s a hanky.

      • Harvey Reading November 10, 2022

        Talk about a potential fraudulent voter. Shoulda known it would be a MAGAt.

      • Marshall Newman November 10, 2022

        Were you smart, you would have kept that personal view to yourself. “Better to be silent and thought a fool than to open one’s mouth and remove all doubt.”

      • Mike J November 11, 2022

        The next President may be:
        Catherine Cortez Masto
        Gavin Newsom
        J.B. Pritzker
        Mitch Landrieu

        More Republicans are getting tired of Trump. It may be awhile though before the sane version of conservative thought is restored as the dominant strain (as opposed to this Christian nationalistic fascism mo jo Trump is exploiting) and a good GOP candidate emerges as a viable contender in the Republican party.

  2. Harvey Reading November 10, 2022

    “…repeating, mantra-like, “I hear you. Great idea. Thank you for sharing.”

    That kind of condescending BS upsets me, too. Been hearing it for too damned long. The people who speak it are even worse than MAGAts. A MAGAt would be more likely to stop and assist a stranded motorist. Of course it might end up shooting or otherwise assaulting the motorist if it doesn’t share the MAGAt point of view…

  3. Chuck Dunbar November 10, 2022

    ED NOTES
    “…DeSantis, is much smarter and much more marketable than the Orange Curse as the big fascist bucks flow his way. This guy is much more of a menace than Trump. ”

    Have to agree with you, Bruce. I’ve read several in-depth pieces on this guy, and he sounds like another soul-less pol who has no real core values, is an egocentric, arrogant man, with little empathy or care for others. But does he want be famous and powerful, and is he smart and driven? Yes and Yes. Just the kind of leader American does not need, especially in these hard, fraught times.

    • Chuck Dunbar November 10, 2022

      I’ll add this: in the articles about DeSantis, which included folks who knew him in college and others in more current settings, he was often described as basically a jerk of a guy.

      • Bruce McEwen November 10, 2022

        At GTMO he played the Tom Cruz character, the navy lawyer who had to stand up to the Jack Nicholson marine … let’s hope he can stand up to the NATO brass as well ‘cause it looks like he can beat Joe Biden.in “24.

  4. Chuck Wilcher November 10, 2022

    “I believe Jury Duty is a civic responsibility that should be undertaken with pride and professionalism. Yes, it is disruptive to one’s normal schedule and can have long periods of boredom while waiting to be called to a jury pool. ”

    On October 10th I left early to make the trip over the hill to perform my duty. Having confirmed my group number was required to show up the Friday before I sucked it up and rearranged my schedule.

    Once I arrived at the court house I found the jury room empty and a lone woman explaining that all trials were vacated for the day. Asked for an explanation she replied that the powers that be never informed the people who make the recorded announcements that trials wouldn’t be held. No reimbursement for time and travel costs were offered.

    The only benefit to the wasted day was a fine meal at the Redwood Drive In.

  5. Mike Williams November 10, 2022

    Clare Wheeler, a life well lived.

  6. Marmon November 10, 2022

    Kyle Rittenhouse have been trying to get a verified twitter account (blue check mark) for almost 2 years. He finally got one under Elon Musk.

    Marmon

    • Bruce Anderson November 10, 2022

      Real progress there.

    • Jim Armstrong November 10, 2022

      Tell us when he posts something worth knowing.
      Nor much of a hero, Marmon.

    • Gary Smith November 11, 2022

      Probably fake. For $8 anyone could have gotten a blue checked Kyle Rittenhouse account

  7. Marmon November 10, 2022

    RE: GEORGE HOLLISTER

    If you’re pushing the “Trump cost us the midterms, he’s gotta go” dishonest talking point, congrats, you’re helping spread Mitch McConnell’s & Paul Ryan’s BIG LIE!

    DC establishment RINOs tried to sabotage midterms because they hate Trump more than they love America.

    Marmon

    • Bruce Anderson November 10, 2022

      Seriously, James, where do you get your information? I remember a Mendo social worker, Sharon/Linda Amos, telling me that Jim Jones was “the greatest human being she’d ever met.” A few years later, I turned on the news and Ms. Amos had cut the throats of her children and her own throat in Georgetown, Guyana, the harbinger of the slaughter to come that the greatest human being had murdered his church. Your loyalty to Trump reminds me of Linda.

      • Jim Armstrong November 11, 2022

        Bruce:
        This has to be the tenth time I have felt it necessary to admonish you for continuing to say that Linda Amos murdered her children.
        Whatever happened in Georgetown that day was terrible beyond belief, but there has never been any proof (or perhaps even evidence) that this is true.
        Some of those times, you have admitted that, other times you have ignored me.
        This would be a good time to admit it again.
        Dishonoring Linda and her children doesn’t further the need to forever recognize the horror and evil that was Jim Jones.

        • Bruce Anderson November 11, 2022

          Any of the many books on Jonestown will confirm that Amos did in fact kill her children and then herself. That awful event tipped off the world that something horrific was probably about to happen in Jonestown.

          • Jim Armstrong November 11, 2022

            Just for the record, AVA April 30, 2017:

            Jim Armstrong

            May 2, 2017

            Four years ago I posted the piece below.
            I thought that Bruce made his reply “Armstrong is right’ to that post, but looking it up I found that it was to an even older one (which I can’t find).

            I think that what really happened so long ago and so far away remains important.

            subscriber2@www.theava.com Reply

            January 9, 2013 at 12:59 pm

            Bruce wrote yesterday:

            “MS. AMOS is a story for another day, but I’m here to say that anyone who couldn’t pin her
            immediately as a major nutcase simply wasn’t paying attention.”

            That statement has turned in mind since then because Linda (as I knew her) and I sat at adjacent desks and shared a telephone for nearly two years in the early 1970’s at what was then the Mendocino County Welfare Department.
            She was a unique person, with well-developed convictions and strong sense of justice.
            My training was in anthropology and psychology. While I am not sure what “major nutcase” actually means, I was paying attention.

            It turns out that Bruce’s “another day” was today.
            His decscription of Linda’s visit to his ranch was humorous, but didn’t sound like it was about Linda or the job she had.

            What most disturbs me about the article above comes at the end.
            Five or six years ago, Bruce also wrote about the end days in Guyana and the grisly outcome at the Georgetown offices.
            His description of what happened was pretty much the same in that piece.
            I wrote a letter to the AVA stating my memory and conviction that the details of Linda’s death and that of her children had never reached consensus.
            Bruce wrote a reply in the next issue that I paraphrase as “Armstrong is right. No one knows for sure what happened.”
            Unless there has bben new information, I am curious why he again writes as he does.

            Jim Armstrong
            Potter Valley

            • Bruce McEwen November 11, 2022

              Happy Veterans Day to you, Jim Armstrong, and I hope you avail yourself of your VA medical benefits as they are far and away better than anything else out there— even after old Donald “Rummy” Rumsfeld gutted the VA.

              “Thanks for your service,” sounds trite after Old Rummy made it mandatory for the staff to repeat all the time, but in this case it comes with a salute!

    • George Hollister November 11, 2022

      Come on James, the best friend socialists of America have is Donald Trump. Look at their ads. Two themes won for them; the abortion issue, and anything to do with Donald Trump. They don’t run those ads if they didn’t think they would work. Their policies could be destroying us, reasonable people would know this, and still reasonable people would vote to carry on if Donald Trump were the alternative. There are lots of better choices than Trump, who have his same policies that support the working class who are not going to have daily narcissistic flip outs.

      • Jurgen Stoll November 11, 2022

        Trump grifted off the working class rubes who bought his bullshit and you know it Hollister. If you really think his policies support the working class you’ve developed a taste for your own bathwater. Or maybe cool aid.

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