Sparsely Sage and Timely

Category: History

Marin Sheriff Bob Doyle stays the course despite blunder

Despite not holding the reins on his team, the ever-political Sheriff Bob Doyle takes part in the Western Weekend Parade.

As some of you no doubt read in The Marin Independent Journal, atty. Ladd Bedford on April 12 filed on my behalf a false-imprisonment lawsuit against the County of Marin and sheriff’s deputy Josh Todt.

The lawsuit also lists as defendants “DOEs One through Five” be identified by “their true names [and] capacities when ascertained.”

In an incident which Sheriff Bob Doyle later blamed on my talking over the head of a “beat deputy,” I was chained and handcuffed on March 1 a year ago and taken to the psych ward at Marin General Hospital as supposedly being at risk of suicide.

Atty. Bedford in presenting a claim against county, which was routinely rejected, described what happened to me on that Wednesday morning while I was reading that day’s Chronicle and finishing breakfast:

“Without warning, a deputy from the Marin County Sheriff’s Department appeared at Mitchell’s home and asked to enter the residence. The deputy questioned him at length about his mental state and suicidal tendencies.

“Mitchell cooperated with the deputy and explained that he did not intend to commit suicide anytime in the near future and that he was not a danger to himself or anyone else.”

In fact, as atty. Bedford’s claim notes, I “was busy at home preparing for a court hearing scheduled for the following morning involving a civil matter and was preparing to receive two major achievement awards.”

The Society of Professional Journalists Northern California Chapter was about to present me with a “lifetime achievement” award during a ceremony in San Francisco, and I was in the midst of lining up rides for friends attending from West Marin. Presenting the award would be KQED radio host Michael Krasny (to my left above) and CBS-Channel 5 news anchor Ken Bastida (to my right).

The second award was a Resolution of Commendation from the Marin Board of Supervisors on the occasion of my retirement. During the presentation ceremony, I would also receive US House of Representatives honors thanks to Congresswoman Lynn Woolsey.

I was hosting a reception in a Civic Center garden following the ceremony, and that week, I was working out the details with a caterer. Ironically, among the guests I had invited was Sheriff Bob Doyle, but after I asked him how it happened that I was mistakenly taken into custody, Doyle chose not to attend.

“Furthermore,” atty. Bedford noted, a windstorm Sunday night-Monday morning had ripped shingles off my roof, and I “had scheduled roofers to come and fix [my] roof in two days.”

After receiving my awards, I planned to spend much of the rest of the year taking a “victory lap,” to see cousins elsewhere in the United States and in Canada, I told deputy Todt. And, in fact, I subsequently did.

Well, what about next year, after my “victory lap?” Todt asked. Would I commit suicide then? I laughed and told the deputy it was a ridiculous question, mentioning a character in French literature who was about to commit suicide, but the national elections were that day, and he wanted to know who would win. By the time the results were in, I told the deputy, the guy was no longer interested in suicide.

You can’t predict how anyone will feel about much of anything in a year, five years, or 20 years, I pointed out with good humor. And if I were to someday kill myself, I twice told deputy Todt, “it would almost certainly take the form of smoking myself to death.”

Deputy Todt, who presented himself as having developed expertise in dealing with people in crisis, asked me a few more questions about suicide in general. Because of the generality of the questions, I told him what some important thinkers had written about it. Having taught college World Literature, I was familiar with, for example, what Herman Hesse in Steppenwolf and Albert Camus in The Myth of Sisyphus had to say about suicide.

The opening sentence of Camus’ famous essay, I told Todt, is: “There is but one truly serious philosophical problem, and that is suicide.” However, I stressed that Camus also wrote that even if one decides life isn’t worth living, that doesn’t mean he will, or should, commit suicide. I quoted Camus as pointing out, “The body’s judgment is as good as the mind’s, and the body shrinks from annihilation.”

The fact that I was conversant on a topic Camus considered the “one truly serious philosophical problem” apparently caused deputy Todt to assume I must be ready to commit suicide. I was then handcuffed, chained, and hauled off in the cage of a patrolcar to the psych ward. I didn’t resist; there was no point; but I was mortified.

“Mitchell suffered much of the day in an austere sitting room with drunks and mentally disabled people,” atty. Bedford’s claim noted. “Later that day, Mitchell was eventually examined by personnel at the hospital. Those personnel determined that Mitchell was not suicidal, that he had no emergent psychiatric issues, and that he should be released to go home.

“The personnel at the hospital called a taxi for Mitchell and arranged for payment of the $70 cab fare from the hospital back to Mitchell’s residence in Point Reyes. Mitchell gave the cab driver a $10 tip.”

I later complained to Sheriff Doyle that I apparently was taken into custody for merely giving straightforward answers to an unsophisticated deputy who was posing as sophisticated in such matters. “What got you into trouble,” the sheriff responded, “was answering the door.”

Wow! I had always considered the sheriff’s deputies my friends, and now the sheriff himself was telling me I was putting myself at risk by answering their knock at the door. “Unless they have a warrant,” atty. Bedford has since added. Doyle’s response was as threatening as Todt’s had been humiliating.

Doyle bristled when I pointed out that the timing of the deputy’s arrival that Wednesday morning was suspicious and that perhaps his deputies had been deliberately misled.

As it happened, I had learned at midday Tuesday that I had a court hearing with the new owner of The Point Reyes Light, Robert Plotkin, Thursday morning. After talking with atty. Bedford, I discovered I had only a few hours to collect witnesses’ statements against Plotkin and had begun doing so. Todt’s action effectively sabotaged my ability to adequately present my side of the case.

So why did deputy Todt come to the door that morning? Supervisor Steve Kinsey told me that, according to Sheriff Doyle, Lt. Scott Anderson, commander of the West Marin substation, sent Todt to my home in response to statements from Plotkin. In a deposition, Plotkin later admitted he’d told deputies I was suicidal.

The new owner of The Light Robert Plotkin lives well but currently owes former staff and his former printer thousands of dollars.

Before my lawsuit was filed, I told Supervisor Kinsey my main concern was to have government records cleared of my having been mistakenly taken into custody as supposedly on the verge of suicide.

In this age of Homeland Security checks and a few officers, such as Todt, who sometimes don’t exercise common sense, having a Sheriff’s Department blunder on my record could come back to haunt me.

Kinsey did his best to intercede on my behalf but got nowhere. Doyle and the County Counsel seemed to think I wouldn’t risk the embarrassment of publicly admitting what happened to me. That’s the way rape victims were intimidated from pressing charges until the courts stopped identifying them by name.

Because Sheriff Doyle refused to take an administrative action to clear my name, we now have a lawsuit that will set the record straight and inevitably cost county government thousands of dollars to defend.

April 24, 2007
Point Reyes names in the news

SparselySageAndTimely.com extends a warm “Happy Birthday!” to restaurateur Pat Healy of Point Reyes Station (left), who topped 80 on Wednesday.

Pat operated the Station House Café for 30 years, during which time she turned the former hamburger shop into a restaurant praised in Gourmet and other food-and-drink publications.

Pat in June 2005 sold the café to its manager Sheryl Cahill (right), and as of this writing, Sheryl was planning a party with no-host bar for Pat this Thursday (March 29) from 5 to 8 p.m. in the Station House.

Also celebrating her 80th birthday is Missy Patterson of Point Reyes Station, who will turn 80 on Sunday. For 24 years, Missy has run the front office of The Point Reyes Light, where she is circulation manager.

While the job requires dealing with all manner of people, Missy is never overwhelmed, having raised 11 children of her own, the youngest of whom, Duncan, drowned in Papermill Creek while still in his teens.

More than once Missy regaled the old Lightâ€™s staff with an account of the time her former husband, Realtor Donald “Pat” Patterson, needed to stop by the Inverness home of Professor and Mrs. Seth Benson on business. The professor taught Zoology at UC Berkeley, and he and his wife (both now deceased) were part of the Zero Population Growth movement.

While the men discussed business, Mrs. Benson invited Missy to chat in the kitchen, quickly turning the conversation to ZPG. “And how many children do you have?” she asked Missy.

“Eleven,” Missy answered, and Mrs. Benson began shouting at her, “Out! Out of this house!” True to form, Missy left feeling amused rather than insulted.

She was my wonderful colleague for 21 years, and SparselySageAndTimely.com sends her a sincere Happy 80th Birthday wish too.

Missy’s real name, by the way, is Rosalie, but nobody around here calls here that. Which gets us to the nature of nicknames.

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Not long ago I hired Nick Whitney of Inverness Park, one of the members of Pacific Slope tree trimming services, to cut down two Monterey pines that had died near my parking area.

If the trees had fallen in a windstorm, the worst damage would probably have been to neighbor Toby Giacomini’s barbed-wire fence, but that was enough for me to want them out.

In addition, I wanted a large limb growing over my roof removed from another pine, so Nick sent over a crew consisting of Brian Arnold (seen above), Pepe Franco, and Nacho Franco.

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Brian and Pepe (seen above) have trimmed trees at my cabin previously, so I expected, and got, a good job from the crew. Not having to worry about their work, I found myself instead wondering about their names.

I had to do a bit of research, but it turns out Brian is an Irish name meaning “high” or “noble,” which should please him. After seeing Brian dangling from the top of a pine tree while avoiding large limbs falling from his chainsaw, both Gaelic meanings seemed appropriate.

The common Spanish nickname “Nacho” at right) was easy for me to check on. It’s merely a shortened form of “Ignacio,” sort of like “Robert” shortened to “Bob.”

In some recent years, the most common name of male babies born in the US was José, so it’s not surprising that many guys named José opt to use its nickname “Pepe.” Sort of like fellows named “John” using the nickname “Jack.”

But how in the world did “Pepe” become the nickname for “José?” When I finally found the answer, it surprised even my Spanish-speaking friends.

“José” derived from the old Spanish equivalents to Joseph: “Josepâ,” to “Josepe.” In Italian, the name would be “Giuseppe.” Because the final syllable of Josepe is stressed, it was a short step to “Pepe.” So, Joe, now we all know.

March 28, 2007
Nature’s Two Acres Part VIII: ‘Mice & rats, and such small deer’

With my neighbor’s housecat keeping them company, eight blacktail deer spent Wednesday afternoon grazing and chewing their cud in the fields around my cabin.

Housecats don’t bother blacktails, unlike the coyote that crawled through my fence in January and caused the deer to immediately scatter.

A blacktail doe watches a housecat on a woodpile washing itself.

Before we go any further with this, however, let’s get our terms straight, for the word “deer” is constantly evolving. Our word “deer” comes from the Old English word “deor,” which referred to animals in general, of course, including deer. In Middle English, the language of Chaucer (c.1343-1400), the word was spelled “œder,” and The American Heritage Dictionary notes it could refer to all manner of creatures, including “a fish, an ant, or a fox.”

Even in the plays of Shakespeare (1564-1616), who wrote in Modern English (albeit of the Elizabethan variety), the meaning of the word remains uncertain. In King Lear, Act III, scene iv, the Earl of Gloucester’s much-abused son Tom Bedlam (disguised as Edgar) laments, “Mice and rats, and such small deer,/ Have been Tom’s food for seven long year.”

What does all this mean? “Deer is a commonly cited example of a semantic process called specialization, by which the range of meaning of a word is narrowed or restricted [over time],” the dictionary explains.

Male North American blacktail, white tail, and mule deer are ‘bucks’ while male European red deer are ‘stags.’

Had Shakespeare lived 10 million years earlier, however, Edgar’s lament might have made more sense. As Bruce Morris writes for Bay Nature, “All three major deer species native to North America (blacktail, whitetail, and mule) trace their ancestry back to a primordial, rabbit-size Odocoileus, which had fangs and no antlers and lived around the Arctic Circle some 10 million years ago.”

Based on DNA tests, Morris adds, “researchers theorized that whitetails (Odocoileus virginianus) emerged as a separate species on the East Coast about 3.5 million years ago.

A blacktail buck, characteristically stretching his neck low to the ground, sniffs for a doe in estrus.

“They apparently expanded their range down the East Coast and then westward across the continent until reaching the Pacific Ocean in what is now California some 1.5 million years ago. Moving north up the coast, they evolved into blacktails.

“Columbian blacktail deer (Odocoileus hemionus columbianus) are the subspecies of blacktails native to the Bay Area.” According to the California Department of Fish and Game, there are now approximately 560,000 deer in all California, about 320,000 of which are Columbian blacktails.”

A seemingly perplexed fawn watches as the doe runs away from the buck, who licks his nose in to help pick up her scent.

Morris reports that “blacktails have a typical lifespan in the wild of seven to 10 years, but they can survive in suburban habitat for as long as 17 to 20 years if unmolested.”

The breeding season is in November, notes Mary Ann Thomas writing about West Coast blacktails from Southern Arkansas University. Gestation lasts about 200 days with typically two fawns born. The fawns’ camouflage spots begin to fade after a month.

“Suburban deer have minuscule home ranges, measuring three or four blocks for females,” Morris notes in Bay Nature, “whereas wild deer inhabit territories that extend for several miles.”

While mountain lions, and occasionally bobcats and coyotes, prey on deer, the biggest threat to West Marin’s blacktails are motor vehicles. In fact, being struck by automobiles is the biggest killer of deer nationwide: more than one million a year.

Connecticut alone reported that between 1995 and 2000, the number of deer struck by cars in that state tripled while the number struck by airplanes nationwide has averaged almost one a week for the past 10 years. Or so says Benner’s Gardens, which makes deer-fencing systems.

A young buck on his hind legs nibbles on my honeysuckle while his mother watches.

Here’s a final bit of deer nomenclature for those still puzzled by the Golden Hind. The Encyclopedia Americana notes, “The male deer is usually called buck, but the male red deer of Europe is a stag, or when mature a hart. The female is called a hind or doe.”

February 28, 2007
The Bush Administration at Point Reyes: Part I

Fallow deer in the Point Reyes National Seashore range from white to spotted to black. Naturally gentle, they are among the few deer that can be easily domesticated, and they are widely raised for meat. The fallow herd was periodically culled by the park until Don Neubacher became superintendent in 1994. He stopped the culling and now claims the herd is becoming too large and must be totally eliminated. (Photo by Janine Warner)

West Marin residents need to start paying attention to how much the administration of the Point Reyes National Seashore has come to reflect ideologically rigid policies of the Bush Administration Park Service, not to mention the Bush Administration’s belligerent approach to Homeland Security.

Combativeness, ideological zeal, and indifference to public opinion are the hallmarks of this approach. At the National Seashore, it is taking the form of:

A widely criticized program to slaughter the long-resident white and spotted deer from Asia, which much of the public finds enchanting, on grounds it would be cheaper to eliminate them than to control herd sizes with culling or contraception.

The only public hearing on the pogrom before the National Seashore administration last year approved it was so tightly controlled as to be meaningless. No general discussion, with public debate, was allowed. Supt. Don Neubacher assembled a panel of like-minded folks to present the administration’s point of view. Respected organizations that oppose slaughtering the deer, such as the Humane Society, were noticeably left off his panel.

These fallow deer (originally from the Near East) and axis deer (originally from India and Sri Lanka) have been a part of the Point Reyes ecosystem for 60 years, far longer than the Park Service. (Photo by Janine Warner)

Yet the Neubacher administration talks about the fallow deer as if the growth of its herd is out of control. No it isn’t. The Neubacher administration in 1994 merely stopped the park’s periodic culling.

The park administration in trying to rationalize the pogrom claims that because non-indigenous deer eat acorns and so do indigenous blacktail deer, the wellbeing of the blacktail is being threatened. The claim is typical of the pseudo-environmental malarkey we’ve come to expect from the Bush Interior Department that also claims opening up the Artic National Wildlife Refuge to oil drilling is environmentally necessary.

Blacktail deer are abundant throughout West Marin as this herd, including a doe who’s found one of my persimmons, bears witness.

There’s no shortage of blacktail deer in and around the park. Yes, a lot of them are dying on and off parkland here. And whose fault is that? Almost entirely motorists, many of whom are among two million visitors a year drawn to West Marin by the Point Reyes National Seashore.

National Seashore Supt. Don Neubacher’s announced intention to close down the venerable Drake’s Bay Oyster Company when its lease expires in five years.

There may be ranches, not to mention a Coast Guard station, next door, but Neubacher claims the land around the oyster company’s waters is “potential wilderness” and that it would take an act of Congress to keep the oyster company open. If that’s true, and county officials are skeptical, then it’s Congresswoman Lynn Woolsey’s responsibility to take action in Congress.

Like the exotic deer, the oyster company has been on Point Reyes far longer than the park, which opened in 1965. Oyster growing has become part of the Drakes Estero ecoystem, and oysterman Kevin Lunny notes that because oysters filter water, the water is cleaner in his part of the estuary than where oyster growing has ended.

For many visitors to the National Seashore, buying oysters at the oyster company brings them far more pleasure than visitor centers, sandcastle contests, boarded-up ranch buildings, and the Morgan horse stable, not to denigrate any of them but merely to take note of the obvious.

I’ve never heard Lunny himself say this, but some ranchers on Point Reyes see Supt. Neubacher’s plans to close the oyster company as “payback time.”

They believe that Lunny, who is also a beef rancher, roused the superintendent’s ire two years ago when he helped organize the Point Reyes Seashore Ranchers Association so that ranchers in the park can collectively negotiate their leases with the National Seashore administration. Ranchers I’ve talked with say Neubacher (pictured) reacted bitterly to formation of their association.

One indication of the park administration’s attitude toward the association occurred a year ago when the National Seashore hired a “range ecologist.” No sooner had he arrived than he showed up at an association meeting to introduce himself, say he’d noticed some ranches had fences in need of repair, warned that he would give ranchers one notice to make repairs, and said if they didn’t then hop to it, he would seek to have their leases revoked. Dick Cheney couldn’t have said it better.

(Ironically the Jan. 30 San Francisco Chronicle described in detail the sorry state of Golden Gate National Recreation Area fencing at Crissy Beach. Neubacher administers, along with the National Seashore, part of the GGNRA but not the beach in San Francisco.)

One rancher, who doesn’t agree with the “payback” theory, instead believes the oyster grower’s problems began when Gordon Bennett, chairman of the Marin Unit of the San Francisco Bay Chapter of the national Sierra Club, got Neubacher’s ear by becoming part of the park superintendent’s kitchen cabinet. *

With Congress stalling on reviving the Citizens Advisory Commission to the Golden Gate National Recreation Area and Point Reyes National Seashore, the park superintendent has been able to cherry pick whom he listens to. Sometimes the arrangement reminds me of our government’s unstated alliance with the Taliban during the Soviet occupation of Afghanistan.

An environmental fundamentalist, Bennett is the loudest critic of Drakes Bay Oyster Company, which he considers equivalent to a 165-foot-high old Buddha in potentially Taliban-pure wilderness. The opposition of Bennett, who lives in Paradise Ranch Estates, to a popular oyster farm founded more than a century ago is perfectly in character.

A major stopover for birds migrating on the Pacific Flyway and a haven for harbor seals, seabirds, and long-legged wading birds, Bolinas Lagoon may completely fill with silt if its channel isn’t dredged and tidal circulation restored. The chairman of the Marin Unit of the San Francisco Bay Chapter of the Sierra Club opposes the necessary dredging.

When the nonprofit Marine Mammal Center needed to upgrade its treatment facilities on the Marin Headlands or when people around Bolinas Lagoon hoped to dredge silt from its channel before the lagoon becomes a meadow, Bennett was always there to lend a criticism.

* The term “kitchen cabinet” in its political sense originated in the 1820s during the presidency of Andrew Jackson. Jackson abandoned official cabinet meetings and instead took his advice from an informal, kitchen-table cabinet more to his liking. A number of these advisors, such as influential newspaper editors, were chosen because they had a pulpit for defending his policies.

Next week: Bringing the voice of democracy back to the Point Reyes National Seashore delayed by congressional Democrats’ distrust of Bush Administration.

January 31, 2007
Nature’s Two Acres Part VII: Rats v. dishwashers

Exotic rat at Point Reyes

This week I shot a rat. With my camera, that is. To be precise, I photographed a roof rat foraging under a flowerpot for stray birdseed. It was a lucky shot, for an instant after I snapped the picture, the rat was gone.

For 30 years, I have been aware of roof rats on this hill, for they have sometimes made themselves known in a particularly disruptive fashion.

It typically happens this way; every few years, a resident of Campolindo Drive turns on the dishwasher only to have soapy water spread across the kitchen floor. (If memory serves, it happened to my late neighbors Ben and Charlotte Glading twice, to my neighbors Dan and Mary Huntsman once, and to me twice.)

Inverness applicance repairman Dave Brast this week explained what’s been going on: “There’s one hose that drains a dishwasher, and usually it goes through a hole in the cabinet wall that separates the dishwasher nook from the space under the kitchen sink. If the sink drain goes through the wall under and behind the sink and if that hole is overly large for the drainpipe (thereby leaving a gap), a rodent can crawl from inside the wall through the gap into the under-sink space and then through the hole in the cabinet wall over to the dishwasher nook…”

(For roof rats to “enter homes and buildings,” The New York Times-owned website About.com notes, “they only need a hole the size of a quarter.”)

Brast further explained, “To do damage by gnawing through the dishwasher drain hose, the rodent can gnaw the portion of the hose under the sink or under or behind the dishwasher.

“I think the hose in the nook is the favorite target because there the rodent is completely protected from being disturbed by cats, dogs and humans….

“In the last few weeks I’ve had to repair two rat-gnawed dishwasher-drain hoses in Bolinas, one at the home of Aggie Murch and the other at the home of Charles and Veronique Fox. The two houses are on opposite sides of the road just a few hundred yards apart. The first gnawing was in the Murch house and days later in the Fox house.

“This made us wonder if it wasn’t the same rat doing the gnawing. After it gnawed through the first hose, it thought, “Well, no more to gnaw here at Murch’s. Guess I’ll mosey on over to Fox’s and see what there is to gnaw there…. Another dishwasher-hose gnawing I remember happened to Herb and Gina Kutchins’ [Inverness Park] dishwasher.”

Why do roof rats do this? “My understanding is that rodents gnaw because they have to,” Brast told me. “If they didn’t, the front teeth, which never stop growing, would get so long the animal wouldn’t be able to open its mouth wide enough to eat.” In short, it’s a dental procedure.

And there are more serious reasons for not wanting roof rats in our kitchens than periodically sudsy floors.

As reflected in their grating scientific name Rattus rattus, roof rats are notorious creatures. I’m reminded of Nabokov naming Lolita’s stepfather Humbert Humbert emphasize that rat’s ugly nature.

“The roof rat is an introduced species of rat [that is] native to southern Asia,” the University of Florida Institute of Food and Agricultural Science notes. (Florida has a particular problem with roof rats in citrus groves.) “It was brought to America on the first ships to reach the New World.”

“The rat is the same species that carried the bubonic plague around the world [killing half the people in Europe during the late 1340s] and is also the host for murine typhus” in the South.

Cats kill roof rat “pups” but seldom the adults. Charlie cat seen here fence sitting belongs to neighbors Jay Haas and Didi Thompson, whose dishwasher has thus far escaped rat damage. Whether Charlie should get the credit, however, is unclear.

Because roof rats (which like to gnaw their way into attics) are arboreal, traveling along branches, utility lines, and fence tops, they seldom fall prey to cats except when the pups are young and still dispersing, the University of Florida notes.

Traps are more effective in controlling roof rats.

Hawks, such as this redtail on my hill, and owls (especially barn owls) are even better, the University of Florida reports.

A female roof rat can have as many as five litters a year of up to eight pups each. And each generation is ready to begin reproducing in three to four months.

For the past two centuries, rats have been a fact of life on every continent but Antarctica.

The so-called Norway rats or “sewer rats” (Rattus norvegicus) are actually native to northern China. They reached Europe and the Americas from Asia much later than roof rats. The University of Michigan Museum of Zoology reports they were inadvertently carried on ships to Europe in the early 1700s and the New World in the 1770s.

In Asia, Rattus norvegicus was native to forests and brushy areas, the museum notes. Today, however, Norway rats find preferred habitat to be alongside the rapid expansion of the human population. Nearly every port city in the world has a substantial population of these rodents.

I happened to have been reporting for the old San Francisco Examiner back in 1982-83 when the City of San Francisco reconditioned its cable car tracks and, while it was at it, replaced antiquated sewer lines underneath.

A supervising engineer on the sewer project told me at the time that he and another employee had recently gone into a sewer tunnel under Market Street at the edge of the Financial District. The tunnel opened into a large chamber, he said, and as the two of them shone their flashlights around the tiered vault, they saw reflections from eyes of hundreds of rats. The two men beat a hasty retreat. A typical city, the engineer noted, has one rat for every human.

In case you have your own encounter with a representative of the genus rattus and wonder just what species you’re dealing with, the easiest way to distinguish between Norway rats and roof rats is by the length of their tails.

Norway rat tails are shorter than their bodies while the tail of a roof rat is noticeably longer than its body. Norway rats have bald ears. The ears of roof rats are furry. Norway rats are only slightly longer than roof rats; in fact the rattus rattus above would probably measure more than a foot from the tip of its nose to the tip of its tail. In general, however, Norway rats are far heftier.

January 17, 2007
My background

Biographical information on newspaperman Dave Mitchell
Editor & publisher emeritus, The Point Reyes Light

Born in San Francisco, Nov. 23, 1943

Point Reyes Light, editor & publisher (1975-1981 & 1984-2005)

San Francisco Examiner, general assignment reporter, war correspondent, transportation writer (1981-1983)

The Sebastopol Times, editor (1973-1975)

The (Sonora) Daily Union Democrat, county government reporter (1971-1973)

The Council Bluffs Nonpareil, city hall reporter (1970)

Upper Iowa College, instructor of World Literature, Freshman English, English Literature, and Journalism. Faculty advisor to the student newspaper, The Collegian, and the black-student union, The Brotherhood (1968-1970)

Leesburg (Florida) High School, teacher of Speech and Literature and faculty advisor to the student newspaper (spring semester 1968)

Marvel Academy in Rye, New York, teacher of English and history (fall semester 1967)

Education:

Stanford University, master’s degree in Communications, 1967
Stanford University, bachelor’s degree in English with minor in History & Political Science, 1965
Principia Upper School in St. Louis, Missouri (1960-1961)
Berkeley High School in California (1958-1959)

An English major at Stanford, I graduated a quarter later than the rest of my class; in a moment of bohemian romanticism, I had left Stanford for three months in 1964 to attend the California College of Arts and Crafts. After graduating from Senator Leland Stanford’s “Farm,” I returned to Stanford in 1966-67 and received a master’s degree in Communications with a concentration in print media. My return was just as impulsive as my earlier fling at becoming an artist; I didn’t apply for graduate school (or even choose a field of study) until the first day of fall registration. To my parents’ surprise, as much as my own, I ultimately left Stanford as a budding journalist.

I taught high school for a year divided between Rye, a suburb of New York City, and Leesburg in Lake County, Florida. Lake County at that time was still mostly segregated, and I briefly worked to register black voters in an unsuccessful attempt to unseat a brutal, racist sheriff, Willis V. McCall.

Two years teaching at Upper Iowa College followed. Along with teaching in the English Department, I was the faculty advisor to the black-student union and the student newspaper.

Next came three years reporting for daily newspapers in Council Bluffs, Iowa, and Sonora, California, followed by editing a weekly in Sebastopol, California. In 1975, my former wife Cathy and I bought the weekly Point Reyes Light on the rural coast 40 miles north of San Francisco.

The Light won the Pulitzer Prize for Meritorious Public Service in 1979. It was only the fourth year since the Pulitzers began in 1917 that a prize in any division (e.g., editorial writing, foreign correspondence, breaking-news photography) went to a weekly. In The Light’s case, the prize was for an exposé and editorial crusade, both of which I mostly wrote, of the increasingly violent Synanon cult. Working with me on the investigation were Cathy and a UC Berkeley sociologist, Richard Ofshe. With their help, I subsequently wrote a book about our investigation, The Light on Synanon, which was made into a two-hour movie for CBS called Attack on Fear. Actor Paul Michael Glazer (AKA Starsky) played me.

I reported for the old San Francisco Examiner from 1981 to 1983 following Cathy’s and my divorce, which forced us to sell The Light. At The Examiner, I covered, among many other things, the post-war refugee crisis in Southeast Asia and the civil wars in El Salvador and Guatemala.

I reacquired The Point Reyes Light through a default action in late 1983. Although the paper remained small (about 4,000 circulation with a staff of eight), I sent reporters and photographers all over the world to research historic waves of immigration to Point Reyes. Over 20 years, reporters tracked immigrant families to relatives in southern Mexico (three times), Switzerland’s Italian-speaking Canton of Ticino, Croatia during its civil war, the Irish Republic along with pre-cease-fire Ulster, and Portugal’s mid-Atlantic Azores. The series revealed why five waves of immigration (beginning in 1850 and continuing to the present) have left the Old Country for Point Reyes and how they have fared since reaching West Marin’s shores. The lives of immigrants and their descendants were compared with the lives of relatives whose part of the family stayed in the Old Country.

In 2000, I myself returned to Central America to write a report on Guatemalan politics for the online Miami Herald, as well as The Light. This led directly to my brief marriage to a Guatemalan. Indirectly it led to The Light’s winning state and national awards for a series on an undocumented Guatemalan immigrant who in 2003 was found beaten nearly to death in Bolinas. Light reporters and photographers (including my wife Ana Carolina and stepdaughter Anika) working both in West Marin and Guatemala revealed how the man’s personal misfortune was a catastrophe for his family. As the series showed, he had been supporting nine children and an extremely ill wife living in rural poverty in a remote region of Guatemala. The series helped raise funds for the family, and eventually $30,000 was collected to finance a heart operation for the wife and schooling for the children.

In November 2005, I retired. A former Monterey County deputy district attorney, Robert Israel Plotkin, bought all the stock of The Point Reyes Light corporation. Plotkin, who had recently moved from Taos to Bolinas, was raised in San Diego but attended college and law school in New York.

Awards

The Point Reyes Light won 108 national, regional, and state journalism awards, as well as the Pulitzer Prize, during my 27 years as editor and publisher. After my retirement, I received a Career Achievement award from the Society of Professional Journalists Northern California Chapter, and the Marin County Board of Supervisors held its own ceremony to present me with a resolution honoring my work at The Light.

The front of the Pulitzer gold medal contains an image of Benjamin Franklin, who was a colonial printer and publisher along with being a statesman and inventor. It is inscribed: Honoris Causa. Awarded by Columbia University to Point Reyes Light. The back of the medal, which shows a printer at a colonial, hand-operated press, says: For Distinguished and Meritorious Public Service Rendered by a United States Newspaper During the Year 1979. Joseph Pulitzer Medal.

When Pulitzer in 1917 created the Pulitzer Prizes, he opted to give a cash prize to every winning writer or photographer. Only one prize, For Distinguished and Meritorious Public Service, was earmarked for a newspaper, not individuals. Pulitzer assumed a cash prize wouldn’t mean much to a newspaper, so he decided that Public Service winners should instead receive a gold medal. Under the rules he laid down, the medal was to contain exactly $500 worth of gold at the time it was minted, so over the years, the amount of gold in the medal has been shrinking. This 14-carat-gold medal is the size of a Mason Jar lid.

December 13, 2006
The full story of Robert Plotkin’s litigation

The new owner of The Point Reyes Light has fabricated so much in court papers and public statements that I feel compelled to respond. Related topics included here: Robert Israel Plotkin found to be frequently filing lawsuits. Robert Plotkin and mother defendants in US bankruptcy court in connection with a $77 million Ponzi scheme. Plotkin’s attorney Robert H. Powsner, 77, blames his own “forgetfulness” as he attempts to explain away a web of lies in his court filings.

Here are the facts regarding the litigation filed by The Point Reyes Light’s new owner Robert Israel Plotkin against me, the former owner, against Joel Hack, owner of The Bodega Bay Navigator website, and against other people. Some of what is here was discovered by people not connected to the case.

1. The most-significant misconception about problems at The Point Reyes Light is that they center on disputes between new publisher Robert Plotkin and me. They don’t. In the first 12 months after he became publisher, 13 staff and contributors were fired, quit, or in various ways shown the door.

Some staff such as Gayanne Enquist of Inverness, Sandy Duveen of Woodacre, Jim Kravets of Fairfax, and Peter Jamison, formerly of Woodacre, did not have jobs lined up when they left. I, at least, am retired.

2. Prior to Robert Plotkin’s and my falling out last February, I had been working diligently to help the paper during its transition to new ownership as a consultant to the newsroom, a columnist, and a photographer. I have a five-year employment contact with The Light, which cannot be unilaterally terminated, but it pays only $175 per week to be available as a consultant. Nonetheless, I volunteered additional help as needed. Following the New Year’s Eve storm, I spent three days slogging through mud and wading through water to photograph the damage. However, as numerous people who have dealt with the new owner have discovered, he is frequently insulting and abrasive, and when he insulted me, we got into a shouting match in front of The Light.

Plotkin initially told bystanders and a sheriff’s deputy he was a victim of attempted murder, that I had tried to strangle him. However, hairdresser Barbara Keady, a witness who spoke with Plotkin immediately afterward, and sheriff’s deputy Ted Keehn both noted there were no marks on him. Plotkin had no visible injuries, deputy Keehn wrote in his incident report. Plotkin then added to his story that I had tried to run him down with my car after he and I started yelling at each other.

But when deputy Keehn interviewed witnesses, that story didn’t hold up either. Realtor Robert Cardwell told the sheriff’s deputy that he saw Plotkin and me arguing in front of Greenbridge Gas & Auto. When Plotkin got out of my car, I made an abrupt U-turn on Mesa Road and stopped in front of The Light with a wheel on the sidewalk, which is flush with the pavement (i.e. there is no curb). Mitchell got out of the red Acura and ran toward Plotkin, Deputy Keehn quotes the Realtor as saying. The deputy quoted hairdresser Barbara Keady as saying she saw Mitchell park his vehicle in front of The Point Reyes Light on the sidewalk. Mitchell got out of his vehicle and had a heated verbal argument with Plotkin. Sandy Duveen, who then sold advertising for The Light, told the deputy that after the Acura stopped abruptly in front of The Light, she saw Mitchell walk towards Plotkin, the officer reported.

So there was no attempt to strangle Plotkin or hit him with my car. As for my parking with one wheel on the sidewalk, anyone familiar Point Reyes Station’s old Creamery Building, where The Light is located, has often seen cars with at least one wheel on the sidewalk. Here, for example, is Plotkin’s own car parked mostly on the sidewalk.

3. Represented by Point Reyes Station attorney Robert Powsner, Plotkin then asked for a restraining order and later an injunction that prohibits me from being around him, his family, and his newspaper. Like other staff and contributors who have left, I had by then concluded Plotkin was immature and abrasive, as well as sometimes dishonest, so I had no problem agreeing to stay away from him.

When asking Marin Superior Court to issue a retraining order against me (because we had shouted at each other), Plotkin claimed he needed special protection because of my supposedly immense size. With his irrepressible flair for the dramatic, Plotkin told the court I am 6-foot, 6-inches tall and weigh 225 pounds. Now Plotkin, of course, was writing from the perspective of a short and pudgy (The Marin Independent Journal called him ‘pear-shaped’) 36 year old. Nonetheless, this 63-year-old retired editor is definitely not larger than pro football’s Terrell Owens, the big wide receiver. In reality, I am 45 pounds lighter and three inches shorter than what Plotlin cavalierly wrote in his sworn statement.

In the last five years, the former lawyer has filed lawsuits against six tenants, one against The Bodega Bay Navigator website and its owner Joel Hack, and two against me. He is also a defendant in US bankruptcy court. Although for a while he was a deputy district attorney in Monterey County, Plotkin is no longer licensed to practice law in California.

4. Long before Plotkin and I had our squabble, he had a falling out with The Light’s long-time cartoonist, Kathryn LeMieux of Tomales, who quit contributing. The Bodega Bay Navigator in Sonoma County had just converted from a weekly newspaper to a website, and owner Joel Hack invited LeMieux to post her cartoons on The Navigator site. After I agreed to Plotkin’s injunction, which forbids my even sending him email, Hack invited me to also start posting on his website, which I did. In an Aug. 14 lawsuit filed by Plotkin against Hack and me, he claims I induced LeMieux to become the cartoonist for The Navigator. (My supposedly recruiting LeMieux, Plotkin suggested, amounted to my unfairly helping a competitor.) But like other things Plotkin has said in his lawsuits, in The Light and to other reporters, this was a total fabrication. LeMieux had agreed to draw for the website before I was involved with it.

5. Attorney Robert Powsner on Plotkin’s behalf then got Judge Jack Sutro to issue a bizarre injunction against my posting on the Bodega Bay website. Plotkin and Powsner had told Judge Sutro that by letting me post writing and photos on The Navigator’s site, Hack was damaging or destroying The Light. The judge agreed, and in chambers he told lawyers for both sides that protecting Plotkin’s $500,000 investment in The Light outweighed constitutional prohibitions against censoring free expression.

In making his ruling, Judge Sutro came up with a seemingly illogical interpretation of the sales agreement signed by Plotkin and me when he bought The Light’s stock in November 2005. When I sold the stock to Plotkin, I agreed not to write for another Marin County newspaper. In deciding I was violating that agreement by posting on The Navigator website, Judge Sutro failed to acknowledge there is a difference between a website and a newspaper. Ironically, a Sixth Appellate District court ruling as recently as May in a case involving Apple Computers noted, “The term ‘newspaper’ presents little difficulty; it has always meant, and continues to mean, a regularly appearing publication printed on large format, inexpensive paper.

In addition to making no distinction between a website and a newspaper, Judge Sutro even more bizarrely failed to distinguish between a business being based in Marin County and a business being based in Sonoma County, where The Bodega Bay Navigator has always been located. The judge apparently accepted Plotkin’s boggling claim that the place of publication depends on what is written about in newspapers and websites, as well as in which communities they can be read.

Perhaps contributing to Judge Sutro’s confusion, Powsner and Plotkin untruthfully told Judge Sutro last August that The Navigator website “has no publishing or production facilities or premises in Sonoma County other than defendant Hack’s computer.” Exposing this fabrication, The Marin Independent Journal subsequently published a photograph of Hack working in The Navigator’s cluttered “shack,” a building located behind Hack’s Bodega Bay home.

Because Plotkin — in securing an injunction against The Bodega Bay Navigator and me — claimed that competition from The Navigator’s site is damaging or destroying The Light, Navigator owner Joel Hack and I as co-defendants are now assembling evidence such as this to demonstrate it is Plotkin himself who is “damaging or destroying” The Light. The injunction is now being appealed, and more litigation is expected. Under Plotkin’s ownership, many readers have complained about Light reporting that is inaccurate, sensationalistic, or inappropriate for a community newspaper. Subscriptions have been dropping, as Plotkin admitted in his Nov. 9 issue. This sign was spotted on the Stinson Beach Village Association bulletin board opposite the front door to the town post office. As co-defendants having to ward off Plotkin, Hack and I would welcome submissions of any legally significant evidence showing that whatever wounds The Light has suffered have been self-inflicted rather than caused by competition from The Navigator website: http://www.bodegabaynavigator.info/interiorpages/WMarinNews/WMarinNews.htm.

6. I am getting excellent legal representation from attorney Ladd Bedford and Arman Javid of the San Francisco law firm McQuaid, Bedford, and VanZandt, and we will appeal Judge Sutro’s injunction, now that he has finally signed it. In addition, retired attorney Judy Teichman of Inverness Park is working as a volunteer on my behalf.

7. In the meantime, some fascinating West Marin stories are being left uncovered. How in the world, for example, did “co-defendant Robert Israel Plotkin end up in federal bankruptcy court this fall in connection with a $77 million Ponzi scheme? The case was investigated by the FBI and prosecuted by the US Attorney’s Office.

The ringleaders, Moshe Leichner and Zvi Leichner, are now serving time in prison, a US bankruptcy trustee is trying, so far without success, to get at money the Leichners squirreled away in one Swiss and two Israeli bank accounts, and the Justice Department has warned the ringleaders they may be deported.

A US bankruptcy trustee has reported that last year he filed over 150 adversary proceedings. These proceedings seek recovery of funds in excess of $20 million in pre-petition transfers made by [Moshe and Zvi Leichner] to insiders and other parties.

A federal hearing was held in October, with attorney Powsner representing codefendant Robert Israel Plotkin, according to court papers. Plotkin’s mother Zaporah Bank of Los Angeles, another defendant, is representing herself.

As explained by CPA Grant Newton, an expert witness hired by the bankruptcy court, the Leichners from 1998 to 2003 operated a Ponzi scheme: namely, a phony investment arrangement whereby earlier investors are paid fictitious profits from the funds of later investors.

The Leichners’ Ponzi scheme operated under the name Midland Euro, and the US Justice Department notes, “The Leichners told their investors that Midland Euro would invest their funds in foreign currencies which Midland Euro would then trade on the international currency market for profit. Although the terms of the investments tended to vary slightly among victims, generally, the Leichners claimed Midland Euro would generate guaranteed monthly profits of between 2% and 4%.”

So the question we are left with is: how much did Robert Plotkin know and when did he know it? It may merely be that in contriving to make an unbelievably high guaranteed profit in the high-risk, foreign-currency-exchange market, Plotkin got involved with shady characters. However, he can hardly claim to be financially since he is enough of an investor to own or have recently owned, besides The Light, an $840,000 seaside home in Bolinas, another house in Taos, New Mexico, real estate in New York City, and rental homes in San Diego County. I have no idea how much of this he presently owns or whether he will even stick around West Marin too much longer. Although he has by now owned a home in Bolinas for two years, the BMW he drives to work still carries New Mexico license plates.

As for the real estate in San Diego, Robert Plotkin went into that county’s superior court six times in five years, seeking to have tenants evicted. If you add to those six lawsuits the two Plotkin filed against me this year and the one he filed against Joel Hack, owner of The Bodega Bay Navigator website, you get a sense of just how litigious this former lawyer is.

8. Another curious story not receiving coverage is the role of Point Reyes Station lawyer Robert H. Powsner, who is representing Plotkin against Bodega Bay Navigator owner Joel Hack, the federal bankruptcy trustee, and me.

As it happens, Powsner’s law firm is one of three I had been using, depending on the nature of the issues. My current attorney, Ladd Bedford, who has been a friend since our days together at Stanford, gave my former wife Cathy and me free day-to-day advice during The Light’s Synanon investigation. The Heller Ehrman White & McAuliffe law firm, likewise at no charge, successfully fought off six lawsuits totaling $1.032 billion, which lawyers for the Synanon cult filed against the two of us. One case went all the way to the California Supreme Court, where Heller Ehrman won a major legal precedent that greatly increased California reporters’ right to keep confidential sources confidential in civil cases.

In addition, I had hired attorney Powsner to represent me in a variety of matters, including one out-of-court dispute involving my firing of an intern when he failed to cover a major storm, as assigned. After firing him, I had to stop the intern from running off with the office keys. What I didn’t know until a witness’ sworn statement this year was that the intern had been ripped on cocaine at the time.

Attorney Powsner’s photo
and his description
of his practice can be found at:
lawyers.nolo.com/attorney.cfm?attorneyID=422&LocationID=19&specialtyID

When I hired Bedford and not Powsner to draft the sales agreement for The Light, Powsner went ballistic – perhaps because he owed The Light about $4,000 at the time and would have liked to work off the debt. In any case, when I approached him for help in dealing with Plotkin, Pownser announced he was switching clients and intended to represent Plotkin against me.

Under the California State Bar’s Code of Ethics, Powsner should have refused to fight a former client in court since he has confidential information about that client. The reason for the rule became immediately obvious; Powsner (before finding out that cocaine was the likely cause of the intern’s behavior) repeatedly tried to dig up more information about that dispute to use against me on Plotkin’s behalf.

My attorneys have asked a court commissioner to disqualify attorney Powsner because he had previously represented me. In particular, he had attempted to use information from the intern dispute, against me on behalf of a new client. Powsner, who is 77, responded with a surprising rationalization for his investigating on behalf of Plotkin an out-of-court dispute that he negotiated as my lawyer: it was simply a matter of his “forgetfulness.” That would be an amazing admission for any lawyer to make – and especially one who is still practicing in his seventy-eighth year and would like to continue.

Powsner told the court commissioner that until he read my present lawyers’ motion to disqualify him, he “hadn’t remembered anything about the [intern] matter (which was in 1998) nor that it existed nor any information about it.”

Powsner apparently also forgot that in the months before the motion to disqualify him was filed, he had talked over the matter with my lawyer and one of my lawyer’s partners, Arman Javid, as well as The Light’s former business manager Don Schinske, The Light’s former typesetter Cat Cowles, The Light’s present front-office manager Missy Patterson, and (as he himself would later acknowledge) his own secretary Susan Cofano and his new client Robert Plotkin.

As my attorneys then pointed out to court commissioner Roy Chernus, “Robert Powsner is caught in a web of lies. Mr. Powsner’s new declaration not only contradicts his own assertions and the declarations of three witnesses, but it contradicts his own assertions several times within the same document. All the previous untruths prevent Mr. Powsner from keeping his story straight.”

Attorney Powsner now has his own attorney, Peter Flaxman of Mill Valley, to help untangle him from his web of lies. In the meantime, a complaint has been sent to the State Bar regarding forgetful Bob’s unethical conduct.

Update: Ultimately, I countersued Plotkin, and in January 2008, he and I announced we had settled the litigation between us. I was pleased with the financial and non-financial aspects of the settlement, but we agreed to keep the details confidential.

November 28, 2006