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MAXIMUM PENALTY 

Editors, Daily Planet: 

Should the investigation by the Justice Department into whether a member of the White House staff provided the name of a covert CIA agent to news journalists, it will be interesting to see if Attorney General Ashcroft continues to demand that prosecutors go with the most serious of possible charges, seeing that the penalty for conviction in this case would be death. 

G. W. Goth 

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NO ON PROP. 54 

Editors, Daily Planet: 

In September the Berkeley Board of Education unanimously voted to oppose Proposition 54, the Ward Connerly ballot initiative. The Berkeley City Council has taken a similar stand. 

I urge every Berkeley voter, no matter what your personal view of the recall itself is, to vote NO on Proposition 54. If passed, this proposition would have a devastating impact on public health agencies, public education, and other public entities and their ability to track and monitor essential public data.  

John Selawsky 

Vice-president,  

Berkeley School Board 

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EARLY INDICATORS 

Editors, Daily Planet: 

It’s boring work, but somebody has to do it.  

If you hadn’t noticed, this morning the pedestrian space between Davis Hall North and Cory Hall (just south of the intersection of Hearst and LeRoy) was blocked for a “soil boring.” Signs say the work will continue from 7 a.m. to 5 p.m. through Oct. 3.  

From our experience with recent UCB construction this sort of reconnaissance is one of the earliest indicators of major work to follow.  

When finished, you can expect the Davis Hall North Replacement Building (DHNRB, as it was labeled in the EIR) to top out at 85 feet, slightly taller than the 72-foot high Cory Hall to the east. There’s even been talk about a catwalk connecting the upper stories of both buildings.  

Say goodbye to that airspace above the funky concrete low-rise Davis Hall North while you still can. 

J.M. Sharp 

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GENERAL SPECULATION 

Editors, Daily Planet: 

General Clark seems to be regarded as a great danger by the Republicans. As soon as he declared his presidential intentions, they were all over him for admitting to have voted for Republicans in the past and to have agreed to and then condemned the war in Iraq. 

His first “admission” may just be an intelligent move to attract other than just Democratic voters in order to “bring us together.” 

The second complaint is a clear misrepresentation. General Clark may not have objected to a war with the cooperation of the U.N. but objected to the U.S. going alone and without U.N. consent. It is also doubtful that he would accept the role of a stalking horse for Mrs. Clinton, who made it clear that she intended to remain a senator from New York. But most of the talking heads speculate differently.  

Max Alfert 

Albany 

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A LOT OF DREAMS 

Editors, Daily Planet: 

In the movie “Field of Dreams” the hero hears a voice which says: “Build it, and they shall come!”. He was building a baseball field, his own field of dreams. The Berkeley Unified School District (BUSD), along with the Berkeley City Council have their own version of this movie in which they take that field of dreams and create a parking lot! The plot thickens as the Berkeley Adult School is ripped from its present home (against that neighborhood’s wishes), and stuffed into the Franklin Elementary School Site. Dragged along are 1,200 car-driving students.  

The first of many miracles now occurs when the BUSD’s “Field of Parked Cars” is found to have more than enough parking spaces for all the students and faculty.  

The second miracle unveils itself when there is absolutely no impact on pedestrian safety, noise or gridlock in and around the neighborhood. 

Later, the hero faces the BUSD and in a passionate plea states: “Your plans fly in the face of Berkeley’s Measure L (1986) in which the city promises to jealously protect all existing open spaces and aggressively create more whenever possible!” 

“We have decided,” answers BUSD, “That open space is not all that it’s cracked up to be, and besides, we answer to a higher authority!” 

“God?” asks the hero? 

“No,” retorts BUSD, “The state!”  

Saul Grabia 

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SATIATION 

Editors, Daily Planet: 

Food, politics and much humor. Marty Schiffenbauer’s article (“Four Menus Offer Diners ‘Selective Satiation,’” Daily Planet, Sept. 26-29) was a gem. How clever of the editors to run this just before the “How Berkeley Can You Be?” parade. Keep up the good work. The Daily Planet is terrific. 

Burl Willes  

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ARNOLD AND CRONIES 

Editors, Daily Planet: 

Arnold Schwarzenegger claims to care about the environment yet he accepted $100,000 from Yellowstone Development, a Montana-based company which is facing fines from the Environmental Protection Agency. By the way, why does he drive a Hummer? 

Californians, if Schwarzenegger becomes governor can Bush and his oil drilling cronies be far behind to destroy our beautiful coastline? 

I used to be opposed to illegal immigrants obtaining driver’s licenses. After hearing Republican Peter Uberroth’s pro-license argument I realized that there is a significant safety issue involved. Illegal immigrants are here in California—they mow our lawns, they pick our food, they take care of our children, they wash our dishes and they drive. Wouldn’t you feel safer knowing that these drivers were licensed and many would probably have insurance? 

Karen Green 

Alameda 

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FRED LUPKE 

Editors, Daily Planet: 

Fred Lupke is someone I considered a friend, though we were not close. I myself am a wheelchair user who does water therapy at the Berkeley High Warm Poll. I attended several meetings of the Warm Pool Committee, organized and led by Fred. This committee advocates for preservation and improvements of Berkeley High’s marvelous Warm Pool for senior and people with disabilities, including disabled high school students. Also, I often chatted with Fred at the Warm Pool, and chance meetings elsewhere. 

I was always impressed with Fred’s grasp of all the issues affecting the Warm Pool—issues of politics, law, educational policy and disability rights. He was on good terms with many city officials who could affect the welfare of the Warm Pool and the people who use it.  

Fred told me his own disability had advanced to the point where he could not use the Warm Pool for his own therapy. His involvement with the pool was skillful activism, and I saw his advocacy for the pool as a substitute gratification for his inability to use it himself. 

My grief over the loss of Fred is increased by my own anxiety over pedestrians in Berkeley. As a wheelchair user, I’m concerned by the way many motorists chisel their way between pedestrians in crosswalks, especially turning from Shattuck into Center Street and Allston Way. When pedestrians move a foot, motorists advance a foot into the path of other pedestrians. 

Also, many motorists speed through crosswalks on the assumption that they will pass before or after the pedestrian does. The California Drivers’ Manual clearly states it’s illegal for motorists to enter crosswalks at all when pedestrians have the right of way. Why don’t the Berkeley Police cite these outlaw drivers? 

Tom Ross 

Oakland 

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BOGUS SURVEY 

Editors, Daily Planet: 

Lies, damn lies, and then there are statistics. 

I was a participant in the Berkeley City Survey (“City Bond Measure Survey Raises Electoral Questions,” Daily Planet, Sept. 30-Oct. 2). If you review the questions asked, you will see that this survey was designed to achieve the results shown in your newspaper. 

For example (paraphrased): Would you be willing to accept fewer fire services (close fire stations) or accept higher taxes? 

Would you accept fewer health services or accept higher taxes? 

Would higher taxes be acceptable if they were only on other (i.e. “rich”) people? 

There were a large number of questions asking about how you would prefer your taxes and fees to be raised. 

What they didn’t ask were the following kinds of questions: 

Do you feel that the city could provide the same level of services at the current tax levels if they were more efficient? 

How do you feel about the fact that Berkeley has approximately two times the number of employees as Hayward but has a lower population? 

Garbage in, garbage out. Guaranteed results. 

David Sudikoff 

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YOUTH VIOLENCE 

Editors, Daily Planet: 

I want to commend Laura Menard for having the courage and civility to come forward with her letter “Only Shared Values Can End the Violence” (Daily Planet, Sept. 30). As a person who has lived in Central Berkeley for twenty years, I am used to seeing diverse groups of teenagers walking to and from the high school. Over the past 20 years, I have seen very few problems with these groups of teenagers who are mostly just hanging out, who can also be loud and intimidating without realizing it. In February of this year, my illusions of safety were shattered when I was assaulted by a rat pack while walking my puppy. The attack happened following a night high school basketball game, just two blocks from our home. I am a white male in my late 40’s, and was physically assaulted and asked for my money by a group of African American teens. The rat pack may have been from Oakland, as I did not recognize any of them as BHS students.  

Realizing I was being robbed and mugged, and that I was grossly outnumbered, I first tried to outrun the group. However, several of the group were on small bicycles, and were able to ride ahead and cut me off. Realizing they were more interested in hurting me to show off than robbing me, I assumed they were unarmed, but still very dangerous. I had no choice but to resist as best I could, and did not surrender my wallet. Because of my physical stature, I escaped further injury by fighting back and was able to run off when I had the advantage. At the time of the attack there were witnesses, (also teenagers) who were asked by the police if they saw anything. According to the officer, one of them said “The white guy looked real scared,” but when asked why they didn’t call the police their response was “I don’t know.” The apparent apathy about contacting authorities creates an atmosphere where this sort of thing can occur. 

Although I was physically hurt I was also verbally abused, using racial slurs while I was being punched. Fortunately, I only suffered a black eye and a few cuts and bruises. But I also suffered the loss of some of my trust in human nature, and to some extent, my belief in the value of living in a racially diverse community. At this point I was so devastated that I was ready to give up on living in Berkeley after 20, and move to the suburbs. Since the attacks, I have adjusted to the reality that racially motivated violence is a reality in our little “utopia.” After reporting it to the police I was told that there were seven such attacks near the campus that week alone.  

Recently (Sept. 10), the San Francisco Chronicle reported an attach by a group of African American teens on a man in Oakland who fought back and was able to chase and identify seven of his nine attackers. The article points to a pattern of such attacks in the vicinity of Oakland Technical High School, as well as the ongoing attacks near the southside of the campus. It also sheds light on the mob psychology of such attacks, something which we must acknowledge and understand better if we are to ever overcome this behavior in our community. 

As a victim I have also since tried to forgive my attackers, which relieves some of the hurt and anger that has resulted. It is easy to see from this experience, how anger and fear feed off of each other, like a cancer both in the victim and in the attackers. While passivism, and spirituality will help to reverse the anger and fear, and can heal the psyche, it will not stop the situation from happening again.  

One thing we can do is to be vigilant and more aware of our environment, especially at night. Avoid walking alone, and avoid groups of young men at night. Please report any suspicious activities and roving gangs to the police departments so that they can perform their sworn duty to protect our civil rights and preserve our safety. 

Name withheld by request 

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BEWARE OCT. 7 

Editors, Daily Planet: 

Many counties have adopted computerized voting systems to decrease voter error. Unfortunately, voter error may increase due to system limitations and voter behavior. 

Having voted early, I witnessed several problems with the Diebold touch screen system adopted by 13 California counties. 

• Once you start voting you cannot return to the instructions screen. Although you can ask poll workers if you have a question, some voters may opt not to do this and submit unintended votes. Read the instructions you receive in the mail and bring them with you to the polling place. 

• With 135 gubernatorial candidates, it’s easy to press the wrong selection. If you do so, you must press this selection again before you can select another option. Although this procedure is covered in the instructions, some voters will not comprehend this and have difficulty submitting their intended choice. 

• You can vote no on the recall and still vote for a gubernatorial candidate. This is not addressed in the instructions screen. Apparently, some voters are still confused about this, perhaps, because it seems counter intuitive. 

It is ironic that computerized systems may result in more voter error than the systems they replaced. Such error will be difficult to detect because there is no paper trail to validate votes. The state has been investigating the vulnerability of these systems from a technological perspective. The government also needs to research ways to minimize human errors which are likely to occur in the aged and groups with low reading or computer literacy. 

• Counties which use the Diebold Accu-vote ES-2000 touch screen voting system include Alameda, Fresno, Humboldt, Lassen, Marin, Modoc, Placer, Plumas, San Luis Obispo, Santa Barbara, Siskiyou, Trinity, and Tulare. I do not know whether the limitations described above pertain to all counties using this voting system. 

Joel M. Moskowitz, Ph.D. 

Oakland 

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SCHOOL SWAP 

Editors, Daily Planet: 

I want to thank Matthew Artz for his accurate reporting of the issues surrounding the lawsuit filed against the Berkeley Unified School District (BUSD) by the Friends of Franklin (FOF). 

As a party in this suit, I feel that it is important to state that this action was undertaken solely as a last resort, in order to protect the quality and character of the neighborhood surrounding the Franklin School site. It is not in any way meant to be retaliatory, vindictive, or punative. 

Neighbors of both the Franklin School and West Campus (the current location of Berkeley Adult School) have engaged in dialogue with BUSD for many months. These meetings, while initially encouraging, have now resulted in feelings of mistrust, frustration, and disillusionment with the school district and its staff. It is our contention that the district has inadequately addressed our concerns regarding the likely environmental impacts of this project, and have thereby violated the California Environmental Quality Act (CEQA). In addition, they have failed to connect the relocation of the Adult School to other foreseeable and related projects, also a violation of CEQA. 

We, the FOF, believe that it is possible to protect the integrity of our neighborhood and the interests of the Adult School students and faculty, if all concerned parties engage in honest and meaningful communication. That it takes a lawsuit to accomplish this is indeed unfortunate. 

When all is said and done, not just the Franklin neighbors, but all of the people of Berkeley will have to live with the outcome of the district’s decisions regarding the use of its properties and facilities. The FOF would like to ensure that due process is adhered to with regard to such decisions, and the district be held accountable for its actions. 

If, in this case, a court decides that due process has been circumvented and project funds are compromises as a result, that indeed would be a terrible waste. However, the school district chose to condone this move in opposition to overwhelming neighborhood sentiment, which asked for the final decision to be postponed in order to better evaluate the entire plan. The district then will have to look no further than itself and its representatives for a reason as to why that outcome came to pass.  

Carrie Adams 

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PAMPHLET-BRAINED 

Editors, Daily Planet: 

While ISM member Jim Harris characterizes my letter condemning the Berkeley City Council’s call for an investigation of Rachel Corrie’s death as a “diatribe,” it’s telling that neither he nor fellow critic Gray Brechin respond to the substance of my commentary. 

As reflected in Mother Jones’ current issue, I noted that the ISM was kicked out of its shared office space by the International Red Cross in Jenin for hiding an 

Islamic Jihad soon thereafter arrested for plotting four homicide bombings. No response on this from Mr. Harris. Moreover, Harris made no mention of the subsequent distancing of NGO’s from his organization after they “socialized” with two Pakistanis of British citizenry who shortly thereafter blew themselves and a dozen innocent Israeli citizens up. 

At least Mr. Harris, despite his calls for “human rights,” didn’t deny what Joshua Hammer found when he investigated the ISM for his Mother Jones piece: that 

a good number of ISM members “embrace” Palestinian homicide bombers as freedom fighters. Were he being truthful, this is something Mr. Harris could hardly deny and therefore, he didn’t.  

And neither Mr. Harris nor Mr. Brechin deny that the ISM sent photos to Reuters of Rachel Corrie, saying that they were taken just prior to her death when in 

reality they were taken several hours before, thereby alienating much of the international press. They can’t pretend the ISM tried to lie to the world because  

through Reuters, we now know this to be a matter of public record. 

Finally, Harris and Brechin call Rachel Corrie’s death “murder,” despite the fact that the primary witness—a fellow ISM member—says it may well have been an 

accident. 

Of course, like a vocabulary-challenged teenager who absolutely must utter the “F-word,” Mr. Brechin can’t resist tossing in that old Pravda cliché, “Zionist 

imperialism.” Such language will do fine affirming his affinity with ideologues like the ISM, but like Mr. Harris, Brechin’s willingness to eschew facts for slogans confine him and his comrades to the bargain basement of Berkeley’s pamphlet-brained. 

A question for our fine progressive City Council majority: If you are going to take up the case of Rachel Corrie, how could you ignore the fact that 43 Americans have fallen victim to Palestinian suicide bombs? Is that not also worthy of investigation? Why not? It couldn’t be because they were Jews, could it? 

Dan Spitzer