Mike Ege

Tuesday’s Board of Supervisors meeting—the last this year until the board meets again in 2023—tackled continuing issues regarding police governance, homelessness and drug abuse. Additionally, new legislation addressing the commissioners’ resignation letters controversy was introduced, leaving next year’s board with a full plate of issues.

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<p>Tuesday’s Board of Supervisors meeting—the last this year until the board meets again in 2023—tackled continuing issues regarding police governance, homelessness and drug abuse. Additionally, new legislation addressing the commissioners’ resignation letters controversy was introduced, leaving next year’s board with a full plate of issues.</p>

Click here for the full <a href="https://sfbos.org/sites/default/files/bag121322_agenda.pdf" target="_blank" rel="noreferrer noopener">agenda</a> and keep reading for a play-by-play of the evening’s discussions.

<p>Click here for the full <a href="https://sfbos.org/sites/default/files/bag121322_agenda.pdf" target="_blank" rel="noreferrer noopener">agenda</a> and keep reading for a play-by-play of the evening’s discussions.</p>

<strong>Breed Addresses Drug Crisis</strong>


<h2 class="wp-block-heading" id="h-breed-addresses-drug-crisis"><strong>Breed Addresses Drug Crisis</strong></h2>


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<h2 id="h-breed-addresses-drug-crisis"><strong>Breed Addresses Drug Crisis</strong></h2>

This year’s final meeting of the board kicked off with Mayor London Breed addressing concerns from supervisors over the city’s response to its growing drug overdose crisis. So far in 2022, more than 500 people have died of accidental overdoses from drugs, mostly fentanyl.&nbsp;

<p>This year’s final meeting of the board kicked off with Mayor London Breed addressing concerns from supervisors over the city’s response to its growing drug overdose crisis. So far in 2022, more than 500 people have died of accidental overdoses from drugs, mostly fentanyl.&nbsp;</p>

Supervisor Dean Preston quizzed Breed about next steps on overdose prevention, asking her to commit to standing up a &#8220;Wellness Hub&#8221; with safe consumption facilities in the Tenderloin as soon as possible, or at least by the end of the fiscal year.

<p>Supervisor Dean Preston quizzed Breed about next steps on overdose prevention, asking her to commit to standing up a "Wellness Hub" with safe consumption facilities in the Tenderloin as soon as possible, or at least by the end of the fiscal year.</p>

<p>Supervisor Dean Preston quizzed Breed about next steps on overdose prevention, asking her to commit to standing up a &#8220;Wellness Hub&#8221; with safe consumption facilities in the Tenderloin as soon as possible, or at least by the end of the fiscal year.</p>

The city recently <a href="https://sfstandard.com/public-health/tenderloin-center-clients-warn-of-disaster-as-controversial-drug-site-heads-for-closure/">shuttered</a> the Tenderloin Center, a drug consumption site, after 11 months, saying it was always meant to be a temporary solution and that it didn’t link clients to services as successfully as hoped.

<p>The city recently <a href="https://sfstandard.com/public-health/tenderloin-center-clients-warn-of-disaster-as-controversial-drug-site-heads-for-closure/">shuttered</a> the Tenderloin Center, a drug consumption site, after 11 months, saying it was always meant to be a temporary solution and that it didn’t link clients to services as successfully as hoped.</p>

A safe consumption site called the Tenderloin Center closed in December.


<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/11/TLCenterClients112922-33.jpg" alt="" class="wp-image-98364"/><figcaption>The Tenderloin Center, in the United Nations Plaza, was closed on Dec. 4. Pedestrians walk by a sign notifying clients of the upcoming closure earlier in the week, on Nov. 29. | Camille Cohen/The Standard</figcaption></figure>


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<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/11/TLCenterClients112922-33.jpg" alt="" class="wp-image-98364"/><figcaption>The Tenderloin Center, in the United Nations Plaza, was closed on Dec. 4. Pedestrians walk by a sign notifying clients of the upcoming closure earlier in the week, on Nov. 29. | Camille Cohen/The Standard</figcaption></figure>

Breed responded to Preston with continued support for setting up safe consumption facilities, but also noted the “need to resolve legal issues over publicly funded sites,” and that she was “waiting for guidance” from state and federal agencies.

<p>Breed responded to Preston with continued support for setting up safe consumption facilities, but also noted the “need to resolve legal issues over publicly funded sites,” and that she was “waiting for guidance” from state and federal agencies.</p>

“We are trying to do this yesterday,” Breed said. “We are working aggressively to solve the issue.”

<p>“We are trying to do this yesterday,” Breed said. “We are working aggressively to solve the issue.”</p>

Breed also said that any safe consumption sites would be part of a larger “balanced approach,” which also includes enforcement against open-air drug dealing—a point that she seemed to imply Preston and his colleagues were neglecting. 

<p>Breed also said that any safe consumption sites would be part of a larger “balanced approach,” which also includes enforcement against open-air drug dealing—a point that she seemed to imply Preston and his colleagues were neglecting. </p>

Breed took the same approach to a question from Supervisor Myrna Melgar about implementing the <a href="https://sfstandard.com/politics/city-hall/board-of-supervisors-pledges-to-create-new-homelessness-response-team-but-details-remain-murky/">Compassionate Alternative Response Team</a>, which would respond to lower-priority homelessness-related concerns. It’s a plan favored by most supervisors and local nonprofits, and Breed said it would be part of a “spectrum of responses” aimed at non-emergency situations. Breed also noted that hopefully stronger conservatorship laws would be part of that spectrum.&nbsp;

<p>Breed took the same approach to a question from Supervisor Myrna Melgar about implementing the <a href="https://sfstandard.com/politics/city-hall/board-of-supervisors-pledges-to-create-new-homelessness-response-team-but-details-remain-murky/">Compassionate Alternative Response Team</a>, which would respond to lower-priority homelessness-related concerns. It’s a plan favored by most supervisors and local nonprofits, and Breed said it would be part of a “spectrum of responses” aimed at non-emergency situations. Breed also noted that hopefully stronger conservatorship laws would be part of that spectrum.&nbsp;</p>

Earlier in the day, a majority of supervisors <a href="https://sfstandard.com/public-health/sf-supervisors-rally-for-5-5m-for-wellness-hubs-after-plan-stalls/">rallied for support of efforts</a> to speed up opening of such Wellness Hubs, including a hearing on impediments to the policy, a $5.5 million budget supplemental to fund the hubs and a resolution urging that a portion of settlements from opioid litigation be used to fund the program. These were introduced by Supervisor Hillary Ronen at Roll Call. 

<p>Earlier in the day, a majority of supervisors <a href="https://sfstandard.com/public-health/sf-supervisors-rally-for-5-5m-for-wellness-hubs-after-plan-stalls/">rallied for support of efforts</a> to speed up opening of such Wellness Hubs, including a hearing on impediments to the policy, a $5.5 million budget supplemental to fund the hubs and a resolution urging that a portion of settlements from opioid litigation be used to fund the program. These were introduced by Supervisor Hillary Ronen at Roll Call. </p>


<h2 class="wp-block-heading"><strong>Mayor Talks Policing</strong></h2>


<h2><strong>Mayor Talks Policing</strong></h2>

Before answering supervisors’ questions, the mayor brought up ongoing discussions of traffic stop rules for police.&nbsp;

<p>Before answering supervisors’ questions, the mayor brought up ongoing discussions of traffic stop rules for police.&nbsp;</p>

In her comments, she voiced support for a new policy on so-called pretextual stops, where officers make traffic stops based on a hunch of more serious offenses.&nbsp;

<p>In her comments, she voiced support for a new policy on so-called pretextual stops, where officers make traffic stops based on a hunch of more serious offenses.&nbsp;</p>

San Francisco Police Commissioner Max Carter-Oberstone poses for a photograph at his home in San Francisco on Friday, April 1, 2022.  


<figure class="wp-block-image size-large"><img src="https://content.sfstandard.com/wp-content/uploads/2022/09/PoliceCommissionFallout092022_FEATURED-2500x1667.jpg" alt="" class="wp-image-77289"/><figcaption>San Francisco Police Commissioner Max Carter-Oberstone wants to take offenses such as making an illegal U-turn and driving with a broken headlight off the list of banned traffic stops under review in an attempt to balance safety and equity. | Nick Otto for The Standard</figcaption></figure>


Rather than an outright ban, she encouraged adoption of a more nuanced policy similar to one <a href="https://www.latimes.com/california/story/2022-11-14/minor-traffic-stops-plummet-in-months-after-lapd-policy-change">recently adopted in Los Angeles</a>, where such stops must be made based on reasonable suspicion, and officers must clearly state any suspicion of more serious offenses.&nbsp;

<p>Rather than an outright ban, she encouraged adoption of a more nuanced policy similar to one <a href="https://www.latimes.com/california/story/2022-11-14/minor-traffic-stops-plummet-in-months-after-lapd-policy-change">recently adopted in Los Angeles</a>, where such stops must be made based on reasonable suspicion, and officers must clearly state any suspicion of more serious offenses.&nbsp;</p>

She also voiced opposition to an outright ban on enforcement of moving violations, calling it “problematic and confusing for officers” and against expectations of the public to enforce traffic safety.&nbsp;

<p>She also voiced opposition to an outright ban on enforcement of moving violations, calling it “problematic and confusing for officers” and against expectations of the public to enforce traffic safety.&nbsp;</p>

The Police Commission will meet Wednesday to further consider the policies.

<p>The Police Commission will meet Wednesday to further consider the policies.</p>

<strong>More Police Commission Drama</strong>


<h2 class="wp-block-heading"><strong>More Police Commission Drama</strong></h2>


<h2><strong>More Police Commission Drama</strong></h2>

Further argument over governance of the Police Commission took place later in the meeting when a motion for <a href="https://sfstandard.com/criminal-justice/sf-lawmaker-pushes-2nd-term-for-police-watchdog/">an early reappointment of President Cindy Elias</a> was considered.&nbsp;

<p>Further argument over governance of the Police Commission took place later in the meeting when a motion for <a href="https://sfstandard.com/criminal-justice/sf-lawmaker-pushes-2nd-term-for-police-watchdog/">an early reappointment of President Cindy Elias</a> was considered.&nbsp;</p>

Rules Committee Chair Aaron Peskin moved up the vote on this item from when her term is scheduled to end in April, possibly due to fears of a less-favorable outcome after the end of the year due to the more moderate <a href="https://sfstandard.com/politics/joel-engardio-power-sf-supervisors-london-breed/">Joel Engardio</a> joining the board as member for District 4.

<p>Rules Committee Chair Aaron Peskin moved up the vote on this item from when her term is scheduled to end in April, possibly due to fears of a less-favorable outcome after the end of the year due to the more moderate <a href="https://sfstandard.com/politics/joel-engardio-power-sf-supervisors-london-breed/">Joel Engardio</a> joining the board as member for District 4.</p>

Police Commission President Cindy Elias at a Police Commission meeting on June 6, 2018. | SFGovTV


<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/12/CindyElias1.jpg" alt="" class="wp-image-102115"/><figcaption>Police Commission President Cindy Elias attends a Police Commission meeting on June 6, 2018. | SFGovTV</figcaption></figure>


That motion passed 8-3, with members Catherine Stefani, Matt Dorsey and Rafael Mandelman dissenting, but not before a mysterious announcement from Board President Shamann Walton that the language of the motion had changed to a “statement of intent” to reappoint Elias, making the vote ultimately nonbinding. 

<p>That motion passed 8-3, with members Catherine Stefani, Matt Dorsey and Rafael Mandelman dissenting, but not before a mysterious announcement from Board President Shamann Walton that the language of the motion had changed to a “statement of intent” to reappoint Elias, making the vote ultimately nonbinding. </p>

Later, during Roll Call, Stefani asked that the vote be rescinded, so that she and Dorsey could discuss a laundry list of objections to reappointing Elias.&nbsp;

<p>Later, during Roll Call, Stefani asked that the vote be rescinded, so that she and Dorsey could discuss a laundry list of objections to reappointing Elias.&nbsp;</p>

These included a possible conflict of interest over the actions of Elias’ husband and his involvement in <a href="https://sfstandard.com/politics/city-hall/sf-board-of-supes-in-5-min-ballot-measures-appointments-on-the-chopping-block/">the trial of police officer Terrance Stengel</a>, where an investigator for the District Attorney’s Office was allegedly pressured to hide exculpatory evidence, as well as Elias’ alleged questioning of the value of arresting drug dealers.&nbsp;

<p>These included a possible conflict of interest over the actions of Elias’ husband and his involvement in <a href="https://sfstandard.com/politics/city-hall/sf-board-of-supes-in-5-min-ballot-measures-appointments-on-the-chopping-block/">the trial of police officer Terrance Stengel</a>, where an investigator for the District Attorney’s Office was allegedly pressured to hide exculpatory evidence, as well as Elias’ alleged questioning of the value of arresting drug dealers.&nbsp;</p>

Supervisor Myrna Melgar characterized discussion of the objections late in the meeting, after Elias had left the chambers, as unfair.&nbsp;

<p>Supervisor Myrna Melgar characterized discussion of the objections late in the meeting, after Elias had left the chambers, as unfair.&nbsp;</p>

In any case, the earlier vote was rescinded unanimously, and then the issue was voted on again, with the same results. The matter will now be voted on with binding effect after the holiday.&nbsp;

<p>In any case, the earlier vote was rescinded unanimously, and then the issue was voted on again, with the same results. The matter will now be voted on with binding effect after the holiday.&nbsp;</p>

<strong>Latest Recology Concession Approved</strong>


<h2 class="wp-block-heading"><strong>Latest Recology Concession Approved</strong></h2>


<h2><strong>Latest Recology Concession Approved</strong></h2>

Supervisors unanimously gave the nod to a deal made back in mid-November between the controller and recalcitrant refuse contractor Recology <a href="https://sfstandard.com/politics/city-hall/sf-lands-25m-from-recology-to-stabilize-trash-hauling-rates/">to give ratepayers a $25 million credit</a> to offset rate increases and inflation, via a “balancing account.”

<p>Supervisors unanimously gave the nod to a deal made back in mid-November between the controller and recalcitrant refuse contractor Recology <a href="https://sfstandard.com/politics/city-hall/sf-lands-25m-from-recology-to-stabilize-trash-hauling-rates/">to give ratepayers a $25 million credit</a> to offset rate increases and inflation, via a “balancing account.”</p>

Rules Committee Chair Aaron Peskin called the settlement “a really great thing for the ratepayers,” but also, along with Supervisor Ahsha Safaí, noted that Recology was still dragging its feet on other measures to restore public confidence, including appointing a working employee representative to their board of directors.

<p>Rules Committee Chair Aaron Peskin called the settlement “a really great thing for the ratepayers,” but also, along with Supervisor Ahsha Safaí, noted that Recology was still dragging its feet on other measures to restore public confidence, including appointing a working employee representative to their board of directors.</p>


<h2 class="wp-block-heading"><strong>Saving the Oasis Inn</strong></h2>


<h2><strong>Saving the Oasis Inn</strong></h2>

The board also unanimously approved a resolution calling on Mayor Breed and the Department of Homelessness and Supportive Housing to save the Oasis Family Shelter, <a href="https://sfstandard.com/housing-development/sf-homeless-shelter-closure-threatens-to-displace-families/">which is set to close on Dec. 15</a>. This vote followed a long public comment session dominated by speakers urging support.

<p>The board also unanimously approved a resolution calling on Mayor Breed and the Department of Homelessness and Supportive Housing to save the Oasis Family Shelter, <a href="https://sfstandard.com/housing-development/sf-homeless-shelter-closure-threatens-to-displace-families/">which is set to close on Dec. 15</a>. This vote followed a long public comment session dominated by speakers urging support.</p>


<h2 class="wp-block-heading"><strong>Elections Commission</strong></h2>


<h2><strong>Elections Commission</strong></h2>

A large number of public commenters also spoke in support of Elections Director John Arntz. Soon thereafter, the supervisors approved a resolution to call on the commission to renew his contract and declared their intent to withhold funding from any search for his replacement.&nbsp;

<p>A large number of public commenters also spoke in support of Elections Director John Arntz. Soon thereafter, the supervisors approved a resolution to call on the commission to renew his contract and declared their intent to withhold funding from any search for his replacement.&nbsp;</p>

John Arntz, the director of San Francisco's Department of Elections, saw his job status go into limbo after the Elections Commission voted last month to conduct a nationwide search. | Courtesy of ABC-7


<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/12/FEATURED_ArntzFolo12052022.jpg" alt="" class="wp-image-100262"/><figcaption>John Arntz, the director of San Francisco&#8217;s Department of Elections, saw his job status go into limbo after the Elections Commission voted last month to conduct a nationwide search. | Courtesy ABC-7</figcaption></figure>


<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/12/FEATURED_ArntzFolo12052022.jpg" alt="" class="wp-image-100262"/><figcaption>John Arntz, the director of San Francisco's Department of Elections, saw his job status go into limbo after the Elections Commission voted last month to conduct a nationwide search. | Courtesy ABC-7</figcaption></figure>

<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/12/FEATURED_ArntzFolo12052022.jpg" alt="" class="wp-image-100262"/><figcaption>John Arntz, the director of San Francisco&#8217;s Department of Elections, saw his job status go into limbo after the Elections Commission voted last month to conduct a nationwide search. | Courtesy ABC-7</figcaption></figure>

The vote came after <a href="https://sfstandard.com/politics/sf-elections-commission-to-revisit-plan-to-replace-elections-director/">the commission met Monday evening</a> and voted to reconsider its decision not to renew Arntz’ contract at a future meeting in January. Peskin described this move as a “waving of the white flag” by the commission.&nbsp;

<p>The vote came after <a href="https://sfstandard.com/politics/sf-elections-commission-to-revisit-plan-to-replace-elections-director/">the commission met Monday evening</a> and voted to reconsider its decision not to renew Arntz’ contract at a future meeting in January. Peskin described this move as a “waving of the white flag” by the commission.&nbsp;</p>

Amendments were added to the resolution making it clear that it was limited to the current fiscal year before the unanimous vote.&nbsp;

<p>Amendments were added to the resolution making it clear that it was limited to the current fiscal year before the unanimous vote.&nbsp;</p>

<strong>‘Resignationgate’ Revisited</strong>


<h2 class="wp-block-heading"><strong>‘Resignationgate’ Revisited</strong></h2>


<h2><strong>‘Resignationgate’ Revisited</strong></h2>

The final Roll Call for 2022 featured a couple of zingers for Mayor Breed, including the <a href="https://sfstandard.com/politics/preston-targets-mayor-breed-with-ban-on-undated-resignation-letters/">introduction of an ordinance by Supervisor Dean Preston</a> that would ban demanding that prospective commissioners sign undated letters of resignation.

<p>The final Roll Call for 2022 featured a couple of zingers for Mayor Breed, including the <a href="https://sfstandard.com/politics/preston-targets-mayor-breed-with-ban-on-undated-resignation-letters/">introduction of an ordinance by Supervisor Dean Preston</a> that would ban demanding that prospective commissioners sign undated letters of resignation.</p>

The “carefully worded” bill is aimed at the recent controversy over the Breed administration having asked selected commissioners to submit undated resignation letters prior to their appointment or reappointment.&nbsp;

<p>The “carefully worded” bill is aimed at the recent controversy over the Breed administration having asked selected commissioners to submit undated resignation letters prior to their appointment or reappointment.&nbsp;</p>

A screenshot of a draft resignation letter from Scott Heldfond. The letters were voided on Tuesday, Sept. 27, 2022, after the City’s Attorney Office deemed them "inconsistent" with SF law.” | Courtesy of the Mayor's Office


<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/09/letters1.jpg" alt="" class="wp-image-78417"/><figcaption>A screenshot shows a draft resignation letter from Scott Heldfond. The letters were voided on Sept. 27, 2022, after the City’s Attorney Office deemed them inconsistent with SF law. | Courtesy of the Mayor&#8217;s Office</figcaption></figure>


<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/09/letters1.jpg" alt="" class="wp-image-78417"/><figcaption>A screenshot shows a draft resignation letter from Scott Heldfond. The letters were voided on Sept. 27, 2022, after the City’s Attorney Office deemed them inconsistent with SF law. | Courtesy of the Mayor's Office</figcaption></figure>

<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/09/letters1.jpg" alt="" class="wp-image-78417"/><figcaption>A screenshot shows a draft resignation letter from Scott Heldfond. The letters were voided on Sept. 27, 2022, after the City’s Attorney Office deemed them inconsistent with SF law. | Courtesy of the Mayor&#8217;s Office</figcaption></figure>

“There&#8217;s no reason that we should leave this matter up to the whim of any appointing authority,” Preston said as he introduced the item.&nbsp;

<p>“There's no reason that we should leave this matter up to the whim of any appointing authority,” Preston said as he introduced the item.&nbsp;</p>

<p>“There&#8217;s no reason that we should leave this matter up to the whim of any appointing authority,” Preston said as he introduced the item.&nbsp;</p>

The controversy surfaced as part of The Standard’s coverage of <a href="https://sfstandard.com/criminal-justice/mayor-breed-loses-sway-over-police-oversight-in-san-francisco/">the rift between Breed and her appointee to the Police Commission, Max Carter-Oberstone</a>, over his vote for Cindy Elias as commission president. The Standard found <a href="https://sfstandard.com/politics/mayor-breed-made-appointees-sign-undated-resignation-letters-here-are-40-who-submitted-them/">at least 40 commissioners</a> who had submitted the letters, with Breed ultimately announcing she would <a href="https://sfstandard.com/politics/mayor-breed-to-end-practice-of-making-appointees-sign-undated-resignation-letters-in-face-of-legislative-action/">end the practice</a>.

<p>The controversy surfaced as part of The Standard’s coverage of <a href="https://sfstandard.com/criminal-justice/mayor-breed-loses-sway-over-police-oversight-in-san-francisco/">the rift between Breed and her appointee to the Police Commission, Max Carter-Oberstone</a>, over his vote for Cindy Elias as commission president. The Standard found <a href="https://sfstandard.com/politics/mayor-breed-made-appointees-sign-undated-resignation-letters-here-are-40-who-submitted-them/">at least 40 commissioners</a> who had submitted the letters, with Breed ultimately announcing she would <a href="https://sfstandard.com/politics/mayor-breed-to-end-practice-of-making-appointees-sign-undated-resignation-letters-in-face-of-legislative-action/">end the practice</a>.</p>

The Board of Supervisors will reconvene beginning Jan. 10.&nbsp;

<p>The Board of Supervisors will reconvene beginning Jan. 10.&nbsp;</p>

Supervisors end legislative year with unresolved issues over drug crisis, police

Kevin V. Nguyen

David DePape, the man accused of violently assaulting House Speaker Nancy Pelosi’s husband Paul, faces both federal and state charges. He <a href="https://sfstandard.com/criminal-justice/paul-pelosi-attack-david-depape-appears-in-court-pleads-not-guilty/">appeared in court Tuesday</a> for the first time and entered a not guilty plea—but what happens now to the man who’s made international headlines?&nbsp;

<p>David DePape, the man accused of violently assaulting House Speaker Nancy Pelosi’s husband Paul, faces both federal and state charges. He <a href="https://sfstandard.com/criminal-justice/paul-pelosi-attack-david-depape-appears-in-court-pleads-not-guilty/">appeared in court Tuesday</a> for the first time and entered a not guilty plea—but what happens now to the man who’s made international headlines?&nbsp;</p>

San Francisco’s District Attorney Brooke Jenkins filed six felony charges against DePape, including attempted murder, assault with a deadly weapon, burglary, elder abuse, threatening a family member of a public official and false imprisonment.&nbsp;

<p>San Francisco’s District Attorney Brooke Jenkins filed six felony charges against DePape, including attempted murder, assault with a deadly weapon, burglary, elder abuse, threatening a family member of a public official and false imprisonment.&nbsp;</p>

He faces 13 years to life in prison if convicted, Jenkins said at a press conference.&nbsp;

<p>He faces 13 years to life in prison if convicted, Jenkins said at a press conference.&nbsp;</p>

The feds are also charging DePape, alleging that he committed two federal crimes: one for assaulting a family member of a public official and another for attempting to kidnap a federal official.&nbsp;

<p>The feds are also charging DePape, alleging that he committed two federal crimes: one for assaulting a family member of a public official and another for attempting to kidnap a federal official.&nbsp;</p>

Illustration of David DePape in court in San Francisco, Calif. on Nov. 1, 2022. | Vicki Behringer


<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/11/DePape1.jpg" alt="" class="wp-image-88696"/><figcaption>Illustration of David DePape in court in San Francisco, Calif. on Nov. 1, 2022. | Vicki Behringer</figcaption></figure>


In their complaint <a href="https://sfstandard.com/criminal-justice/pelosi-attack-suspect-wanted-to-break-nancys-kneecaps-had-gloves-rope-tape-second-hammer-say-feds/">filed Monday</a>, federal investigators detailed a harrowing encounter that lasted less than 30 minutes—and might have ended tragically had Mr. Pelosi not found a way to call 911.

<p>In their complaint <a href="https://sfstandard.com/criminal-justice/pelosi-attack-suspect-wanted-to-break-nancys-kneecaps-had-gloves-rope-tape-second-hammer-say-feds/">filed Monday</a>, federal investigators detailed a harrowing encounter that lasted less than 30 minutes—and might have ended tragically had Mr. Pelosi not found a way to call 911.</p>

The Feds allege that DePape broke into the Pelosi home with the intent of finding the speaker and holding her hostage. When he discovered that she was not home, investigators say that DePape insisted that he would wait for her and then assault her, too.&nbsp;

<p>The Feds allege that DePape broke into the Pelosi home with the intent of finding the speaker and holding her hostage. When he discovered that she was not home, investigators say that DePape insisted that he would wait for her and then assault her, too.&nbsp;</p>

Much has been reported about DePape’s descent into <a href="https://sfstandard.com/criminal-justice/paul-pelosi-attack-david-depapes-neighbors-say-he-was-too-quiet-right-wing-lived-in-this-garage/">extreme right-wing ideology and the conspiracy theories</a> posted to blogs attributed to him. 

<p>Much has been reported about DePape’s descent into <a href="https://sfstandard.com/criminal-justice/paul-pelosi-attack-david-depapes-neighbors-say-he-was-too-quiet-right-wing-lived-in-this-garage/">extreme right-wing ideology and the conspiracy theories</a> posted to blogs attributed to him. </p>

“There’s been a lot of speculation regarding Mr. DePape’s vulnerability to misinformation,” said Adam Lipson, DePape’s court-appointed defense lawyer, at SF Superior Court Tuesday. “And that’s certainly something we’re going to look into.” 

<p>“There’s been a lot of speculation regarding Mr. DePape’s vulnerability to misinformation,” said Adam Lipson, DePape’s court-appointed defense lawyer, at SF Superior Court Tuesday. “And that’s certainly something we’re going to look into.” </p>

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<blockquote class="twitter-tweet" data-width="500" data-dnt="true"><p lang="en" dir="ltr">WATCH: David DePape&#39;s court-appointed lawyer Adam Lipson spoke with media at SF Superior Court this morning.<br><br>&quot;There&#39;s&#8230;been a lot of speculation regarding Mr. DePape&#39;s vulnerability to misinformation, that is certainly something that we&#39;re going to look into,&quot; he said. (1/2) <a href="https://t.co/XHCtJ57syt">pic.twitter.com/XHCtJ57syt</a></p>&mdash; The San Francisco Standard (@sfstandard) <a href="https://twitter.com/sfstandard/status/1587570869097725954?ref_src=twsrc%5Etfw">November 1, 2022</a></blockquote><script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

Other recent cases involving politically motivated violence may offer a glimpse into what can be expected from the case in the upcoming months as DePape&#8217;s mental state and criminal intent come under even more intense scrutiny. 

<p>Other recent cases involving politically motivated violence may offer a glimpse into what can be expected from the case in the upcoming months as DePape's mental state and criminal intent come under even more intense scrutiny. </p>

<p>Other recent cases involving politically motivated violence may offer a glimpse into what can be expected from the case in the upcoming months as DePape&#8217;s mental state and criminal intent come under even more intense scrutiny. </p>


<h2 class="wp-block-heading" id="h-cesar-sayoc"><strong>Cesar Sayoc</strong></h2>


<h2 id="h-cesar-sayoc"><strong>Cesar Sayoc</strong></h2>

President Barack Obama chats with then San Francisco Mayor Gavin Newsom in 2010. Both politicians made increased housing a priority during their tenures.  | Mandel Ngan/AFP via Getty Images


<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/10/YIMBYmaturation_INLINED03.jpg" alt="" class="wp-image-88147"/><figcaption>President Barack Obama chats with then San Francisco Mayor Gavin Newsom in 2010.  | Mandel Ngan/AFP via Getty Images</figcaption></figure>


In <a href="https://www.washingtonpost.com/national-security/cesar-sayoc-who-mailed-explosive-devices-to-trumps-critics-sentenced-to-20-years-in-prison/2019/08/05/cf4b56e2-b79a-11e9-bad6-609f75bfd97f_story.html">2019</a>, Cesar Sayoc was sentenced to 20 years in prison after he was found guilty of mailing explosive devices through the U.S. Postal Service to prominent Democrats such as Barack Obama and Hillary Clinton.&nbsp;

<p>In <a href="https://www.washingtonpost.com/national-security/cesar-sayoc-who-mailed-explosive-devices-to-trumps-critics-sentenced-to-20-years-in-prison/2019/08/05/cf4b56e2-b79a-11e9-bad6-609f75bfd97f_story.html">2019</a>, Cesar Sayoc was sentenced to 20 years in prison after he was found guilty of mailing explosive devices through the U.S. Postal Service to prominent Democrats such as Barack Obama and Hillary Clinton.&nbsp;</p>

At his trial, Sayoc’s defense lawyer pushed for a lesser sentence, saying that he had fallen victim to conspiracy theories that fed his rising paranoia. The defense also claimed that Sayoc was using large quantities of steroids when he became obsessed with former president Donald Trump, impairing his mental state. The tactics for reducing Sayoc&#8217;s sentence were unsuccessful.

<p>At his trial, Sayoc’s defense lawyer pushed for a lesser sentence, saying that he had fallen victim to conspiracy theories that fed his rising paranoia. The defense also claimed that Sayoc was using large quantities of steroids when he became obsessed with former president Donald Trump, impairing his mental state. The tactics for reducing Sayoc's sentence were unsuccessful.</p>

<p>At his trial, Sayoc’s defense lawyer pushed for a lesser sentence, saying that he had fallen victim to conspiracy theories that fed his rising paranoia. The defense also claimed that Sayoc was using large quantities of steroids when he became obsessed with former president Donald Trump, impairing his mental state. The tactics for reducing Sayoc&#8217;s sentence were unsuccessful.</p>


<h2 class="wp-block-heading" id="h-jared-loughner"><strong>Jared Loughner</strong></h2>


<h2 id="h-jared-loughner"><strong>Jared Loughner</strong></h2>

Similar arguments about competency-to-stand-trial were also hashed out during the trial of Jared Loughner, who was sentenced in <a href="https://www.nytimes.com/2012/11/09/us/gunman-who-shot-giffords-to-be-sentenced.html?ref=jaredleeloughner&amp;_r=0">2012</a> to seven consecutive life terms in prison for shooting former Arizona Rep. Gabby Giffords in the head in a rampage that left six dead and 12 others wounded.&nbsp;

<p>Similar arguments about competency-to-stand-trial were also hashed out during the trial of Jared Loughner, who was sentenced in <a href="https://www.nytimes.com/2012/11/09/us/gunman-who-shot-giffords-to-be-sentenced.html?ref=jaredleeloughner&amp;_r=0">2012</a> to seven consecutive life terms in prison for shooting former Arizona Rep. Gabby Giffords in the head in a rampage that left six dead and 12 others wounded.&nbsp;</p>

For more than a year before his trial, Loughner was held at a federal hospital where he underwent psychiatric evaluations and treatment for schizophrenia. He eventually entered a guilty plea in order to avoid the death penalty.&nbsp;

<p>For more than a year before his trial, Loughner was held at a federal hospital where he underwent psychiatric evaluations and treatment for schizophrenia. He eventually entered a guilty plea in order to avoid the death penalty.&nbsp;</p>

In both cases, the mental state of the defendant was invoked, but the courts found it difficult to offer any leniency.&nbsp;

<p>In both cases, the mental state of the defendant was invoked, but the courts found it difficult to offer any leniency.&nbsp;</p>

“What counts is what he did, and what he intended at the time that he did it,” U.S. District Judge Jed Rakoff said at Sayoc’s trial in 2019.&nbsp;

<p>“What counts is what he did, and what he intended at the time that he did it,” U.S. District Judge Jed Rakoff said at Sayoc’s trial in 2019.&nbsp;</p>


<h2 class="wp-block-heading" id="h-erik-triana"><strong>Erik Triana</strong></h2>


<h2 id="h-erik-triana"><strong>Erik Triana</strong></h2>

California State Senator Scott Wiener speaks during Asian Justice Rally, a national rally on the anniversary of the fatal attack on an 84-year-old Thai grandfather Vicha Ratanapakdee, commemorating Ratanapakdee and the victims of anti-Asian violence and racism, on Sunday, Jan. 30, 2022 in San Francisco's Anza Vista neighborhood. | Ekevara Kitpowsong


<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/10/Political-Violence-10282022_INLINED2.jpg" alt="" class="wp-image-87635"/><figcaption>California State Senator Scott Wiener speaks during Asian Justice Rally in San Francisco&#8217;s Anza Vista neighborhood. | Ekevara Kitpowsong</figcaption></figure>


<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/10/Political-Violence-10282022_INLINED2.jpg" alt="" class="wp-image-87635"/><figcaption>California State Senator Scott Wiener speaks during Asian Justice Rally in San Francisco's Anza Vista neighborhood. | Ekevara Kitpowsong</figcaption></figure>

<figure class="wp-block-image size-full"><img src="https://content.sfstandard.com/wp-content/uploads/2022/10/Political-Violence-10282022_INLINED2.jpg" alt="" class="wp-image-87635"/><figcaption>California State Senator Scott Wiener speaks during Asian Justice Rally in San Francisco&#8217;s Anza Vista neighborhood. | Ekevara Kitpowsong</figcaption></figure>

On the topic of intent, San Franciscans will not have to look back very far to find the last time this was debated in local courts. In <a href="https://sfstandard.com/criminal-justice/anti-vaxxer-who-threatened-state-sen-scott-wiener-found-guilty/">September</a>, an East Bay resident named Erik Triana was found guilty of threatening the life of state Sen. Scott Wiener.

<p>On the topic of intent, San Franciscans will not have to look back very far to find the last time this was debated in local courts. In <a href="https://sfstandard.com/criminal-justice/anti-vaxxer-who-threatened-state-sen-scott-wiener-found-guilty/">September</a>, an East Bay resident named Erik Triana was found guilty of threatening the life of state Sen. Scott Wiener. </p>

Triana did not carry out any acts of violence—his threats came in the form of an anonymous message left on Wiener’s website. He was sentenced to two years felony probation. 

<p>Triana did not carry out any acts of violence—his threats came in the form of an anonymous message left on Wiener’s website. He was sentenced to two years felony probation. </p>

At his trial, defense attorney Ian McGrattan argued: “Mr. Triana spent approximately 10 minutes of his day reading about [Wiener’s proposed vaccination] bill and posted a comment. He was simply exercising his First Amendment right to free speech and expressing his opinion.”&nbsp;

<p>At his trial, defense attorney Ian McGrattan argued: “Mr. Triana spent approximately 10 minutes of his day reading about [Wiener’s proposed vaccination] bill and posted a comment. He was simply exercising his First Amendment right to free speech and expressing his opinion.”&nbsp;</p>

Stephanie Kang, the deputy district attorney for Contra Costa County, disagreed with that assessment. 

<p>Stephanie Kang, the deputy district attorney for Contra Costa County, disagreed with that assessment. </p>

“While free speech is a cornerstone of our democracy and a constitutionally protected right, there is a clear line between political discourse and threats of violence,” she said.&nbsp;

<p>“While free speech is a cornerstone of our democracy and a constitutionally protected right, there is a clear line between political discourse and threats of violence,” she said.&nbsp;</p>

DePape will remain in jail without bail. He was also served a protective order requiring him to stay away from Pelosi and her husband.&nbsp;

<p>DePape will remain in jail without bail. He was also served a protective order requiring him to stay away from Pelosi and her husband.&nbsp;</p>

The attack has reignited a <a href="https://sfstandard.com/politics/nancy-pelosi-husband-paul-political-violence/">national debate</a> around political violence and the <a href="https://sfstandard.com/politics/who-is-responsible-for-speaker-nancy-pelosis-safety/">safety</a> of high-profile politicians.&nbsp;

<p>The attack has reignited a <a href="https://sfstandard.com/politics/nancy-pelosi-husband-paul-political-violence/">national debate</a> around political violence and the <a href="https://sfstandard.com/politics/who-is-responsible-for-speaker-nancy-pelosis-safety/">safety</a> of high-profile politicians.&nbsp;</p>

Mr. Pelosi is expected to make a full recovery. “Paul is making steady progress on what will be a long recovery process,” the speaker tweeted Monday.

<p>Mr. Pelosi is expected to make a full recovery. “Paul is making steady progress on what will be a long recovery process,” the speaker tweeted Monday.</p>

Pelosi attack: What’s next for David DePape? Previous cases offer hints

Kevin Truong

A growing chorus against what California&#8217;s cannabis industry characterizes as <a href="https://sfstandard.com/business/sf-and-calif-pot-pros-call-on-newsom-to-fix-broken-cannabis-market/">overly burdensome taxes</a> has catalyzed momentum for reform.

<p>A growing chorus against what California's cannabis industry characterizes as <a href="https://sfstandard.com/business/sf-and-calif-pot-pros-call-on-newsom-to-fix-broken-cannabis-market/">overly burdensome taxes</a> has catalyzed momentum for reform.</p>

<p>A growing chorus against what California&#8217;s cannabis industry characterizes as <a href="https://sfstandard.com/business/sf-and-calif-pot-pros-call-on-newsom-to-fix-broken-cannabis-market/">overly burdensome taxes</a> has catalyzed momentum for reform.</p>

In the latest example, State Sen. Scott Wiener has introduced <a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1336">SB 1336</a>, a tax credit program aimed at commercial cannabis businesses, in an effort to bring relief to an industry struggling to compete with a still-flourishing black market.&nbsp;

<p>In the latest example, State Sen. Scott Wiener has introduced <a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1336">SB 1336</a>, a tax credit program aimed at commercial cannabis businesses, in an effort to bring relief to an industry struggling to compete with a still-flourishing black market.&nbsp;</p>

The bill would allow cannabis businesses to deduct the cost of expenses for employee compensation, safety-related equipment and services, and employee workforce development and safety training.

<p>The bill would allow cannabis businesses to deduct the cost of expenses for employee compensation, safety-related equipment and services, and employee workforce development and safety training.</p>

Employee compensation costs would be deductible equal to or above 150% of minimum wage, including benefits. The tax credit would also be able to be carried over through multiple years.&nbsp;

<p>Employee compensation costs would be deductible equal to or above 150% of minimum wage, including benefits. The tax credit would also be able to be carried over through multiple years.&nbsp;</p>

“We wanted to put this particular approach out there so it’s in the conversation,” Wiener said in an interview, calling the bill a &#8220;stop-gap measure.&#8221;

<p>“We wanted to put this particular approach out there so it’s in the conversation,” Wiener said in an interview, calling the bill a "stop-gap measure." </p>

<p>“We wanted to put this particular approach out there so it’s in the conversation,” Wiener said in an interview, calling the bill a &#8220;stop-gap measure.&#8221; </p>

“The legal cannabis industry has its fair share of problems. The costs are really high: There’s state taxes, there’s local taxes and there’s heavy regulation, so these businesses are really struggling and the prices are high, which fuels the illicit market,” he said.

<p>“The legal cannabis industry has its fair share of problems. The costs are really high: There’s state taxes, there’s local taxes and there’s heavy regulation, so these businesses are really struggling and the prices are high, which fuels the illicit market,” he said.</p>

SB 1336 is one of a raft of cannabis reform bills making their way through in the state legislature. Among these are <a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1074">SB 1074</a>, introduced by State Sen. Mark McGuire, which would eliminate the cannabis cultivation tax, while increasing the retail excise tax.

<p>SB 1336 is one of a raft of cannabis reform bills making their way through in the state legislature. Among these are <a href="https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1074">SB 1074</a>, introduced by State Sen. Mark McGuire, which would eliminate the cannabis cultivation tax, while increasing the retail excise tax.</p>

During a news conference in January unveiling his 2022-23 budget proposal, Gov. Gavin Newsom pledged to reexamine the industry’s tax burden. Locally, San Francisco officials <a href="https://sfstandard.com/business/cannabis-tax-dispensaries-burglaries/">delayed the implementation</a> of a new cannabis sales tax until the end of 2022.

<p>During a news conference in January unveiling his 2022-23 budget proposal, Gov. Gavin Newsom pledged to reexamine the industry’s tax burden. Locally, San Francisco officials <a href="https://sfstandard.com/business/cannabis-tax-dispensaries-burglaries/">delayed the implementation</a> of a new cannabis sales tax until the end of 2022.</p>

Wiener said that in line with the governor’s stated priorities around reform, he expects multiple cannabis bills, including SB 1336 and SB 1074, to be resolved through the state budget process.&nbsp;

<p>Wiener said that in line with the governor’s stated priorities around reform, he expects multiple cannabis bills, including SB 1336 and SB 1074, to be resolved through the state budget process.&nbsp;</p>

Wiener has made preserving access to medicinal cannabis for patients a key part of his legislative agenda. Earlier this month, he introduced <a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186">SB 1186</a>, which would require cities and counties to allow either licensed medicinal cannabis retail stores or licensed medicinal cannabis deliveries. Currently, local governments can opt to ban those businesses.&nbsp;

<p>Wiener has made preserving access to medicinal cannabis for patients a key part of his legislative agenda. Earlier this month, he introduced <a href="https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186">SB 1186</a>, which would require cities and counties to allow either licensed medicinal cannabis retail stores or licensed medicinal cannabis deliveries. Currently, local governments can opt to ban those businesses.&nbsp;</p>

“Medicinal access is extremely important, and when prices in the legal market are high, a lot of medical cannabis patients shift over to the illicit market where there are no health and safety&nbsp;rules in place,” Wiener said. “We need tax reform so that the taxes are tied to the world of reality, which they aren’t right now.”

<p>“Medicinal access is extremely important, and when prices in the legal market are high, a lot of medical cannabis patients shift over to the illicit market where there are no health and safety&nbsp;rules in place,” Wiener said. “We need tax reform so that the taxes are tied to the world of reality, which they aren’t right now.”</p>

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Supervisors end legislative year with unresolved issues over drug crisis, police

Pelosi attack: What’s next for David DePape? Previous cases offer hints

Tax reform may be coming soon to beleaguered cannabis shops

Lawmaker pushes criminal penalties for obstructing BART oversight as top watchdog quits

Mayor Breed vetoed the Board of Supervisors’ fourplex legislation: So now what?