A Closer Look; White Night Riot Aftermath

Iraq Iran sends to me and said Oh you don't really know that you bought it he already got it yet are you a yes or no. We've risen from our ashes before we put the bricks together. He's healed

our wounds and we're going to do it again. And that's with the commitment of his days. San Francisco began putting itself back together in the wake of a night of violence following yesterday's verdict in the Dan White trial. We'll take a closer look next. Good evening San Francisco had the look of a deserted battlefield today as workers boarded up City Hall and downtown buildings ravaged by last night's violence.

Today Mayor Dianne Feinstein and gay leaders are calling on the public to start healing the wounds open by demonstrators who took to the streets in outrage over the manslaughter ruling against Dan White. Security has been beefed up at city hall and in the gay district of San Francisco where gays are tonight planning to commemorate the birth of slain Supervisor Harvey Milk. Officials want to avoid a repeat of last night's violence which led to 19 arrest and more than 100 injuries. Rita Williams reports what began as a peaceful protest on Castro Street less than an hour earlier erupted into a violent confrontation when a crowd of demonstrators many of them gay made their way to City Hall last night. For more than two hours a small group of several hundred in the crowd battered city hall windows and doors with rocks and metal bars. Meanwhile the majority of the demonstrators were tactics chanting and forming a human chain in a vain attempt to stop the mob from coming to city hall. At one point we discovered in a basement office of city hall. If you want

you can even see through the glass. Was the tear gas against them during the police calling the shots. And more than 5000 I asked the police to get them to talk about their anger. But I don't think it's. Fear

never came. But police reinforcements did. That's when the officers moved down the steps of City Hall forming a wedge between the building and the mob in a quick and restrained force of what police and demonstrators came to. More than 80 people were injured. Half of those reportedly were policemen. More than a dozen police cars and as many civilian cars. More than 200000 dollars worth of damage and a hundred police. They began to disperse from city hall but where in the city looting streets and confrontations.

That's when after midnight mayor from her command post in city hall. I know feelings are running high in the city and I understand them and I share them. But there is no excuse for this. Violence on the violence declaring a civil disturbance saying there will be a major police presence in San Francisco is already being set in motion. She was asked for police to act in the crowd. She said she was for reinforcements. Why then I ask a city of such resources no public address system could be located. There was an attempt made to get one and it didn't work out. By that time we were in a full scale confrontation situation and when the rocks are flying I'm not sure that any words were going to stop it.

In the daylight this morning crews began mopping up the reminders of last night's bloody protest. But the physical damage to the city no doubt will be repaired long before the emotional wounds have healed. One of those splits that came out of last night's disturbances between the leadership and the rank and file in the police department the police officers association is called a news conference for tomorrow to talk about what they say was a lack of leadership last night. Really you were there most of the night. What is your assessment. The restraints on the police with police action during that whole time is very difficult for us to assess the entire situation because we were different police officers during the evening and we didn't have an overall view. But the officers that I was with in City Hall to me exercised a great deal of restraint. They were pummeled with rocks they had shouts at them they hit saw their buddies being wounded with flying glass and had to sit there and do

nothing for two three hours and they were very upset. However today the leadership says that they had an overall view and that they didn't have the manpower to go in and to disperse the crowd until after 11:00 o'clock. I think she said today that I believe he said that his plan to keep the demonstrators in one was better able to control them their officers talking. They just didn't have any understanding what was going on. Unfortunately that was the real problem that there was no communication I listened in on their walkie talkies and the orders being barked out and and most of the men stood there for hours and had no idea of what was happening in the rest of the city. Thanks very much. Well San Francisco's gay community leaders in previous demonstrations have maintained close coordination with police but last night gay leaders were powerless to stop the unprecedented violence at city hall. Well tonight Randy Shilts takes a closer look at why that happened. More than glass got shattered in last night's riots. A lot of mess about San Francisco's gay

community got shattered too. Take the myth that San Francisco's gays represent one monolithic group with one viewpoint who can be represented by a handful of leaders. That idea went up in flames last night with the first blazing patrol car gay supervisor Harry Britt tried to calm the protesters but nobody listened. After all most gays have never heard of him until his appointment to the Board of Supervisors in January most other gay leaders didn't even try to speak. They can only watch so the gay community was left in the embarrassing position of having no leader well known or respected enough to hold back last night's crowd. Today a supervisor tried to explain that the real reasons we couldn't control the ground were first of all the real strong anger that was in the community. It was not a crowd that didn't want to be controlled. Also there were present last night. And we're learning more and more about this today a large number of provocateurs people who were there specifically to stir up violence.

Brick would not identify those provocative tourist district attorney Joe Frey has said today that he would try to prosecute those who started last night's violence. But we're conducting an investigation we've asked the police department for all the information and reports on the major property damage that occurred this morning. Gay community leaders met with Mayor Dianne Feinstein to try to start healing the wounds left by last night's rioting. Remember these are the traditional gay leaders long used to working in the corridors of politics. Most of them deplored last night's violence. But these people are in charge now. Radical gay leaders like Hank Wilson speak more to the feelings of last night's rioters. I don't think it's the end you know. No I think that it's the beginning of hopefully it's a beginning of a new consciousness. I know when I was a young person into the Watts riots I wasn't familiar with the oppression of black people. Castro Street today was unusually crowded and tension and anger filled the

air. But today's anger was less about the Dan White verdict than about allegations of police brutality. This man says he was beaten by three police officers on motorcycles while he tried to help a victim of an epileptic seizure. He says the police called him a faggot. San Francisco police swept through this bar on 18th and Castro. Police say that they went to the bar because patrons were throwing objects at officers. Many observers say that the police beat many in their way here including this bartender who tried to hide behind the bar where the bar was. Doors came open about 20 police officers came in and they made the statement that your time's up and got to go. No police officer came around me and here started beating and yelling you know other people around here and the next thing you know you're just back in myself in the Capitol building you're crouched behind the bar laying on the floor. Another bartender said that the police have just turned a bunch of white middle class gays

into radicals. While all of this gets back to the gay community's leadership crisis no matter how many respectable gay leaders deplore violence some gays just don't plan on listening and they may find new leaders leaders that are preaching continue nonviolence or they are not being listened to because the big militant they've had us all their life the people that came here been running all their life in their targets they want to get backed into a corner. Anybody's going to fight back. Gay leaders face a major challenge tonight when Castro Street will be closed down for a long planned celebration of the birthday of Harvey Milk. Now gays have planned a massive core of monitors for tonight to avoid problems. And the mayor has promised to keep uniformed officers out of sight in the Castro area. Now since the police are on the receiving end of most of the anger this may help calm the situation. But no matter what happens tonight. If you doubted the course of the one stupid gay community has changed drastically and this may have a profound effect on who emerges

as the new gay leaders this is Randy Shilts in San Francisco. Well Randy is on Castro Street tonight for that memorial or at that celebration for Harvey Milk's birthday is being held. We'll have a report from Randi a little bit later in the program. It's difficult to accurately assess how the general public feels about the verdict rendered in the case yesterday. And while that verdict is final. Reporter Nancy Snyderman did go out today and randomly pick some Bay Area citizens to find out their reaction to the voluntary manslaughter conviction. What's your opinion of the Dan White murder Vick verdict. That it was just Mercy was showing as much as justice and. Mercy is equally as important. Well I think the longer term because if he was black he would definitely hit. I think it's a good example of class injustice. I'm sure that if. Dan Bryant had been a garbage man or worked in a Safeway store

or a cab driver a bus driver he would have been treated differently. I think it's a very fair his job. BLOCK won't promise a job killing two important officials like that I just got a lot more than what eight years maximum. And and so as a suspect a lot more but then I guess I'm not surprised because he was. Fighting so. Much to lenient. To lives for five years isn't enough. I really think that he should have gotten first degree murder. There's much precedent for other trials and I can't see other people getting off with manslaughter like this or really don't think that's a good system of justice. They should put him away because the thing you've got to worry about is that he's going to do it again. So it seems like you can do anything these days and get away with it. And. To me it was murder. Murder one.

Well arguments will continue for a long time of the sentence that Dan White received especially in light of what's happened to others who violently attacked public officials back in 1910 New York Mayor William J Gaynor was shot and seriously injured by a discharge city employee who was sentenced to 12 years in prison then an 1033 GHARA attempted to shoot President elect Franklin Roosevelt. A woman sees a would be assassin's arm and the bullet killed Chicago mayor and instead died in the electric chair for that crime in 1952 Puerto Rican nationals attempted to shoot President Harry Truman they missed but a presidential guard was killed in that attempt. One of the assassins died on the scene the other was sentenced to life imprisonment. And in one thousand seventy two Alabama Governor George Wallace campaigning for president was crippled when a shot rang out from Arthur Bremmer remembers serving 63 years in prison. Lynette Squeaky Fromme aimed a gun at President Gerald Ford in Sacramento in September of 1995. He is now serving a life sentence. And then just days after

the prom attack Sara Jane Moore shot at President Ford here in San Francisco. She too was given a life sentence. San Francisco's political community is still stunned by the verdict and the violence of last night. Questions are now being asked about the possibility of the long range political effect in all of this. And of course we sent Roland post out today to talk to various political leaders and find out just what was happening Roland. Questions being asked. Yeah answers are not necessarily forthcoming with the political implications are there. These were political killings and they had an emotional impact at the time of tragedy horror shock and mourning. Now six months later the verdict has elicited rage and frustration. While all San Franciscans will never forget and most will never forgive the question is can all of this be translated into political decisions. And should they be political. It would seem however the

battle is already on. At a news conference today Mayor Feinstein was asked about defense attorney Douglas Schmidt statement that the comments of elected officials that contributed to last night's ride. I don't think I fan the flames of violence. I was on the other side of the hall. I was maybe 10 15 feet away I heard the shots I heard the manner in which the shots. Were delivered. I found. Harvey's body. I tried to get a pulse. Like many others I too know what I saw. There's no intention. To fan the. Flames. Violent. There is intention for many of us though. No people there. Serving in prison for a lot more time for a lot lesser sentences. And. To think.

That somebody strikes down in the course of duty to public officials is going to do less time. Than people that are serving lesser offenses is a very hard to swallow. The mayor was also asked if the events of the last 24 hours had long range political implications. I'm sure there will be some people that will try to politicize it. I'm not concerned about that. What we're trying to do is the right thing and the best thing that we can do in the circumstances. And then we have a dedication to continuing to live together straightening out the problems. And continuing on. I think those people don't want to politicize. Last night predict that it will be to their own detriment. San Francisco's only gay supervisor Harry Brett was asked if last night's violence was aimed at the mayor. There was a a strong anti establishment you know there there was a sense that the system of justice has failed us

and that because it has failed us we are in a very vulnerable position now that somehow people who do want to go out and kill will feel a little bit freer to do it. I do not. I do not see that that anger was directed toward any one person. There was a very large sense that the system is going to stand a lot of outrage directed at city hall. Certainly a lot of outrage directed at the police. Does Brit think the verdict and the riots have political implications. I'm not thinking about the elections today. We really have to deal with the needs of today. We have to do a lot of work to put the energy in this city. We're you know rebuilding relationships between human beings and making the streets safe and all that sort of thing. So this is just not a day when Herbert is feeling very fluid. Supervisor Quentin Kopp a candidate for mayor said that he had personal feelings about the

verdict but Kopp pointedly added quote The best thing public officials ought to realize is not to comment on jury verdicts. I was not elected cop added to interfere in the judicial system and the officials who have been speaking were not elected to interfere with the judicial system. It's unfair to the 12 San Franciscans who were asked to serve on the jury. They didn't ask for the job. Meanwhile Arlo Smith an assistant attorney general and an announced candidate for district attorney against Joe Freydis said quote I'm outraged at the incompetent manner in which the case was prosecuted by District Attorney fracas. Mr Smith then went on to say this a trial is another tragic example of how Mr. Freydis has failed the people of San Francisco and his conduct of the office of district attorney. So the politics over Dan White's verdict is already started for mayor Feinstein it's essential tonight. The Castro Street birthday memorial for Harvey Milk be a peaceful one and not another night of violence. But district attorney freighters the

problem may be somewhat long range. KQED is learned that there was a gathering of longtime friends and contributors of George Moscone s last night. It was general bitterness and cynicism expressed over district attorney Freitas and his handling of the prosecution. The political fallout from the Dan White verdict may soon be felt in the state capital as well. Yesterday Mayor Dianne Feinstein said the verdict called for a re-evaluation and possible rewrite of the laws covering diminished capacity. Now that would have to be done in Sacramento from where guys are has this report at the state capitol reaction to the verdict has been subdued. Of course there's nothing the legislature can do about Vanna White now but they could take another long hard look at the diminished capacity laws. There's nothing the executive branch can do. And Governor Brown was fairly subdued himself in his reaction. What kind of reaction actually saw what on city hall last night. Well I mean obviously what went on. Anyway acceptable or

excusable I certainly don't know any way but I think the mayor is doing everything she can so. It's a very difficult situation and I really hesitate to second guess juries. Obviously I surprise him. Do you have any comment about the diminished capacity law as it exists now is that something worth taking a look at. Well my understanding is that juries generally make a judgment based on how they feel about a particular case and how the lawyers present it. So oftentimes even though we changed some of the wording instruction that the jury often operate on their own feeling however it is. Republican Mark served with Mosconi as another San Francisco State Senator. It would seem to me that a greater sentence should have been given for what clearly were two murders. I certainly do not seek retribution. But the role of the light can only add fuel to those who contend that there are two systems of justice one for the powerful and another for the rest of the

populace. Under the circumstances would you like to see the diminished capacity law rewritten. I don't know whether it's necessary to rewrite the diminished capacity of law I say I think it's necessary if you have a system of justice that you have to have a system of justice which applies fairly to everybody lives. As I said I am not in favor of retribution. I'm not in favor of the death penalty because I don't think it brings people back. I think that if you're going to assess. A penalty of any kind it should be assessed fairly and equally to all who are charged with a crime. Dan why does raise many questions among legal experts. Family Young spoke to both attorneys today about that.

There were actually three weeks ago today defense attorney Douglas Schmidt declared his intention to prove that Dan White lost control of his mental faculties when he shot and killed George Moscone and Harvey Milk last November. But prosecutor Thomas Norman said the evidence supported a conviction of first degree murder with special circumstances with meticulous care Norman presented that evidence over the next 10 days recounting White's steps from his resignation from the Board of Supervisors to his surrender to police one hour after the shootings. Members of the jury white family and white himself wept as police inspector Frank Fels on replayed a taped confession White made one hour after the shootings many concluded the emotional confession would be more beneficial to the defense because of the apparent outpouring of sympathy as the foundation of his case. Schmidt presented the testimony of five expert witnesses who. Infirmed White's moods of depression and periodic obsession with junk food a growing mental illness and not the result of premeditation and deliberation led to the murders of Moscone and milk contended the defense in a

four and a half hour summation. Thomas Norman methodically recounted the facts almost witness by witness during his argument at least one juror fell asleep and others shuffled in their seats. By contrast Schmidt's summation was short and emotional. He pleaded with the jury almost crying saying that Dan White would punish himself and God would punish him. Legal experts here in the Bay Area felt that prosecutor Thomas Norman although considered the best in California made some of the mistakes that led to the voluntary manslaughter conviction. One attorney felt that Norman quote rolled over and play dead from the beginning of the trial. Many felt he should have presented more psychiatric testimony to rebut Schmidt's five expert witnesses and some felt that the playing of the tape confession was a mistake that it played right into Schmidt's lap. Today in San Francisco I spoke to both attorneys who still defend the cases they presented to the jury. He was convicted of voluntary manslaughter and two counts of criminal offenses. Very serious offenses. Now there's been some discussion with regard to possible punishment

and. Punishment just simply is not the issue here. He was convicted of the two crimes to my mind he's destroyed his life and should be placed in a state penitentiary I'm quite certain he's destroyed his life. He's going to have to live with this and his family is going to have to live with this. His life is over. Well I think. Tom Norman tried his best. He presented any evidence that he could muster. And he had a full opportunity to do that. He argued for four and a half hours at the closing with regard to the evidence he felt that Ben produced. They tried very hard they tried very hard perhaps harder in this case than in doing. This i. Would criticize but I wouldn't criticize Don Norman. His reaction to the verdict. The evidence was clear it was presented professionally. It was presented vigorously. The defense presented their side which included a lot of appeal to emotions appeal to murder

the mercy and examination of Mr. White's background. Public officials testified about his character and the jury just disregarded the evidence that we thought was available for them to reach. A proper conclusion. When I spoke with Thomas Norman at the Hall of Justice today he was still in a state of shock. Norman said he was too upset to be interviewed on film but commented on the course of the trial. It was the best case I ever had said Norman. All the evidence pointed to first degree murder. But Norman agreed he underestimated the power of sympathy. People have asked me he said why didn't I put must go to his wife and mother on the stand but I couldn't do that. The jury would have thought is this case so flimsy that he has to resort to such sympathy tactics. I pointed out that's exactly what the defense had done and he said the defense traditionally called sympathy witnesses particularly as a desperation move. Norman guess is the Douglas Schmidt was just as surprised at the verdict as he was. It's difficult to guess what's in to another man's head he said. But I don't think he expected it.

Norman believes that in pleading for voluntary manslaughter Schmidt may have been setting up for a compromise on second degree murder. His last duty he said was to write a letter to Judge Walter Cole Kanya requesting that Dan White receive the maximum sentence of seven years and eight months for Thomas Norman and Joe Frazier as the trial of Dan White has become a hard lesson in human nature. They grossly underestimated the sympathy testimony and overestimated the objectivity of the jury. For Douglas Schmidt who took a desperate gamble with a diminished capacity defense. It was a major victory for a defendant who had nothing to lose. How long do you think is next for Dan why did Billy serve time now in a mental institution since his defense was diminished capacity or will he be sent on to a state prison or what. Douglas Schmidt said today that he would not request that Dan White serve out his sentence in a mental institution. However it's only a judge called Conyers discretion he could on his own order a psychiatric examination to determine if Dan White should serve a sentence in a mental hospital or in a federal prison. In the meantime

he's eligible for bail. Schmidt could ask for a bail hearing and Judge Cole Canio could at his discretion set a bail amount depending on the risk of flight which in this case I would imagine would would be minimal. He's also eligible for probation not to go to jail at all right because of the voluntary now but I think it's most unlikely that would happen but the the fact is he's eligible. Do you think he would have to be isolated in prison. For his safety. I don't know that would also be at the discretion of Judge Cole can you and Douglas Schmidt. I would imagine yes that it that he would have to be. At this point it's it's not determined whether or not he should go to a mental hospital from his his behavior at the trials. I'm not sure that the federal prison would be appropriate. I don't know whether they send people convicted of only voluntary manslaughter but normally any prisoner would go to Vacaville for evaluating that nationally and then then the institutions decide whether you isolate the prisoner or it can be safely kept right. He presents a

problem just aside from the crime in that he was a former police officer. And that's always a difficult prisoner for the institutions because they they are and they have a problem right away with inmates. The police officers do have to find out if they stepped up in the security around Dan White last night when the demonstrations were going on at city hall. Not that I know of all the police extra forces were around city hall. There's still a lot of question as to why the target was not the Hall of Justice and not city hall. One person speculated that it was because you would expect the security to be very very beefed up at the Hall of Justice not so much at city hall. Question about last night. There's a good deal of complaining by the gay community the people at the demonstration and by a lot of newspaper reports on their 11 o'clock news last night that the police were just smacking everybody once they started to wait in the crowd

demonstrators violent or not violent newsmen and so on would you feel that there was the once the police would turn loose they got rough. When I was saying earlier to me displayed a great deal of restraint for those two or three hours when they saw their bodies being hit. But once they were let go and some of the comments that I heard they were is frustrated at that point as the crowd outside. And yes I think they vented their anger. And. By bashing in a few heads and not really looking at who they were hitting. Roland I wonder what your opinion is of what this does to Joe Freydis and then. Politically. Saying it's all over for Joe for it's too early to tell. You don't know whether the public is going to want to forget this and not want the never going to forget it. But whether they resent having it brought up again for months and months in a political campaign and so I think I think it's a little early to tell but it certainly is. It's there the potential.

Well earlier in the program we reported that a commemorative I guess that's what you call it was planned tonight on Castro Street to mark the birthday of a slain Supervisor Harvey Milk. We've been told that security has been greatly increased there in that gay celebrants if not welcome the presence of the news media but Randy Shilts is on the scene now and we have him on the phone. Randi what's going on out there. OK I'm going home. Picture. On the street and other medical personnel on hand to take happen.

The uniformed police officers come here but there's people here who have been trained in keeping things. All right Randi thank you very much for that report on the scene out on Castro Street. The program is about to get started. Time goes by. As time goes by San Francisco Supervisor Harvey Milk is coming to be held

increasingly is a central role in the history of the gay movement both here in the Bay Area and around the nation. Today would have been his forty ninth birthday this afternoon just prior to fielding questions from the pair press to honor the slain supervisor. She issued an official proclamation citing special service to the city. She took notice of the desire of many friends and supporters to honor his memory on this day. Present at the official proclamation to Harvey Milk's a very sad today after last night's incidences. It seems to me that the only way today can be a success is if we do gather together. We continue to look for the positive. To try to deemphasize the negative events of last night. And to realize that we're all very angry that I understand the violence of last night.

But I do not. Have to make today a true memorial to Harvey. Thank you and thank you for joining us tonight. On a closer. Thanks.