JUDGE GRANTS INJUNCTION TO PROTECT PHOTOGRAPHER AFTER THREATS BY PATTERN ENERGY’S PROJECT MANAGER AT OCOTILLO WIND
Update March 16, 2013: A second restraining order has been granted to Jim Pelley, the other ECM photographer threatened by Pattern Energy’s manager, Russell Graham. By Miriam Raftery March 7, 2013 (El Centro)—Superior Court Judge Richard Bohlander today granted an injunction for civil harassment relief to protect freelance photographer Parke Ewing following a violent threat made by Russell Graham, construction manager at Pattern Energy’s Ocotillo Express Wind Facility. Ewing’s photos and videos of the project have appeared in East County Magazine as well as on his own Facebook Page and a website documenting the project’s impacts on the desert and the community. Graham admitted to following Ewing and reaching into his truck to try and halt him from taking photographs. Ewing’s camera recorded Graham stating he was going to “kick a f*cking hole in your throat.” Ironically, Graham described his job duties as including “safety of the public” among others. The Judge refused to allow two Sheriff’s reports confirming threats made to Ewing as well as a second photographer, Jim Pelley. According to the judge, admitting the reports would be allowing hearsay. Had he admitted the documents, the records would have illustrated that Graham first tried to deny making a threat, than admitted he had done so after the Sheriff advised him what was on the tape. Pelley’s report would have documented that a Sheriff’s officer reported he spoke with an independent witness, Kenny Earl, who confirmed that Graham earlier asked the witness to call Pelley and advise that Graham intended to come to his home and break both his elbows if he did not remove a video taken two days earlier during a tour at the wind project. The video Graham found objectionable included a question by a tour participant who asked how much power a turbine would produce on a windy day. Pelley and Ewing also pressed Graham to answer the question. In response, Graham said a turbine could power 100 homes on a windy day. If true, that would mean the project would produce just one-tenth the amount of power that Pattern told the federal government it would provide. (For details and our prior coverage of Graham’s arrest and the videos, click here.) Graham told the judge he “did the math wrong.” He denied asking to have the video taken down, a statement that contradicts contents of a police report. In court, he claimed he merely wanted his name removed from the video because he objected to it being on a photographer’s Facebook page next to a reference to destruction of the desert. He said he was trying to make a living for his family. “That’s my livelihood and when people pull up my name to see what projects I’’ve done, that’s what they will see,” he said. The project, on 12,400 acres of public Bureau of Land Management property, has bulldozed vast tracts of desert to erect 112 turbines and build 42 miles of roads. Ewing maintained that he had a right to post the video. Both Ewing and Graham told the judge that their relationship at the work site had been respectful prior to the altercation. Graham admits to following Ewin onto the Evan Hughes Parkway, where Ewing had parked and was taking photographs on February 5. But their stories differed sharply over what transpired after that. According to Ewing, Graham got out and reached into the window of Ewing’s Jeep, then tried to pry his fingers off the camera and take it. Graham admits touching Ewing but denies trying to take the camera; he says he pushed the camera down because “I didn’t want a camera in my face.” Then he made the threat. “I felt very threatened,” Ewing testified, adding that Graham was “out of control…I felt very susceptible; he could’ve hit me in the face; he could’ve had a weapon.” Ewing accelerated and drove to Miller’s Garage, where he called 911. He indicated that his wife is “very scared” and that a future threat remains since Pattern continues o employ Graham at the project. Graham told the Judge he didn’t mean to actually harm Ewing when he made the threat. He explained his wording choice this way: “It’s like saying I’m going to kick your ass over your shoulder so you can talk out of your ass,” he testified. Bill Pate, attorney for Ewing, pointed out that Graham had told police he did mean the threat “figuratively.” Pate repeatedly attempted to impeach Graham’s credibility. He asked Graham if he told Kenny Earl to inform Pelley that if the tour video was not taken down by 5 p.m. on February 5, “you would go to Pelley’s house ad harm him and break both of his elbows.” “No sir,”Graham replied. Pate then pointed out that a Sheriff’s report indicated an officer had spoken with Earl, who confirmed the threat. “So you’re saying this police report is inaccurate?” Pate asked, as Graham evaded answering. Pate also hammered Graham for declaring under penalty of perjury in Item 6 of his declaration that “Parke Ewing has interfered with my work and others” and claiming that Ewing “has engaged in verbal abuse, name-calling and shouting at me in my workplace.” The attorney noted that this statement conflicted with what Graham said in court, noting that the incident occurred on a state highway, not on the project site, which is on federal land –and that Graham had admitted that prior to the altercation, Ewing’s relationship with him had been cordial and professional, never abusive. “Where you telling the truth then, or are you telling the truth now?” Pate asked. Graham replied that “I’m worked at all times.” As for the violent threat made against Ewiing caught on tape, Pate stated to Graham, “You just admitted to making that statement. But you denied it to the police You did not admit it until you knew there was a recording.” The judge still refused to allow the police(Sheriff) reports to be admitted even for purposes of impeaching conflicting statements made
SAN DIEGO RIVER PARK FOUNDATION INVITES YOU TO “SAVE THE SOURCE” MARCH 9 AND 10
Participants from across the county to join to explore and protect the Upper San Diego River On March 9 and 10, San Diego River Park Foundation is heading to the headwaters to Save the Source! This weekend, they will be coordinating six events to engage the community in exploring and caring for the upper San Diego River watershed. The lineup of events this year includes two nature hikes and a water quality hike, an open house and tour of the newly con served Fisherman’s Camp at Boulder Creek Preserve, a trail maintenance project at the Eagle Peak Preserve, and an open house at the Santa Ysabel Backcountry Visitors’ Center. The San Diego River flows from its headwaters near Julian for 52 miles to its mouth at Ocean Beach. Much of the upper 20 miles of the San Diego River are pristine wilderness areas, but they are still in need of people to care for them. This year, the River Park Foundation is teaming up with the San Diego Mountain Biking Association, the San Diego Canyoneers, and the Santa Ysabel General Store partners to bring you these opportunities to go stretch your legs in our beautiful backcountry. “Our Save the Source program is dedicated to keeping the San Diego River and surrounding habitat and open spaces clean and healthy for people and wildlife,” says Rob Hutsel, Executive Director of the San Diego River Park Foundation. “This event is designed to give the community the opportunity to join with knowledgeable guides to explore this incredible scenic treasure.” With support from the community, the San Diego River Park Foundation has directly conserved more than 1,000 acres of pristine wild lands to protect critical wildlife and trail connections. Most recently, they have celebrated the acquisition of the iconic West Face of El Cajon Mountain and wild trout habitat in Boulder Creek. There is still room to get involved in some of these events. Visit www.sandiegoriver.org/calendar.php for event information and to RSVP. The San Diego River Park Foundation’s mission is to engage people to work toward a better future for the historic San Diego River and the creation of a 52 mile river parkway from the mountains to the ocean. The River Park Foundation is a non-profit community-based organization that was founded in 2001. Since its founding, it has grown to more than 8,000 supporters and annually organizes volunteers who contribute more than 20,000 hours of service to San Diego. Visit www.sandiegoriver.org.
PHOTOS OF THE WEEK: HIKING AT MISSION TRAILS REGIONAL PARK
By Greg Dunne March 6, 2013 – Last week I did back to back hikes in Missions Trails Regional Park. I was treated with three Mule Deer on the trail—a great sight! I have only seen deer at Mission Trails once before and that was after the Cedar fires of 2003. It was on my way back from North Mt. Fortuna that I spotted the trio of deer. They were not as skittish as I thought they might be and I was able to watch them and take photos for at least three or four minutes. On Thursday after work, I started my hike from the Clairemont Mesa Blvd entrance and hike up to the top of North Mt. Fortuna. It is a five-mile round trip and can be done in two to two and a half hours in good hiking shape. Make sure you always bring water. On Friday after work, I hiked up South Mt. Fortuna starting from the Visitors Center. This is a strenuous 6-mile round trip hike and recommend you give yourself 3 hours. The South Fortuna steps are long and steep. Very strenuous and bring water. On the way back from South Fortuna, I came across this Rattlesnake. They are out now so keep your eyes open. Great fun, great hikes.
FLOOD ADVISORY ISSUED: EAST COUNTY AND COASTAL COMMUNITIES INCLUDED
March 8, 2013 (San Diego) – The National Weather Service has issued a flood advisory for minor flooding in urban areas of San Diego, as well as several East County communities including El Cajon, Santee, Spring Valley and Valley Center. As ECM previously reported, snow is forecast for mountain areas down to 3500 feet, with thundershowers at lower elevations. View full flood advisory below. THE NATIONAL WEATHER SERVICE IN SAN DIEGO HAS ISSUED AN * URBAN AND SMALL STREAM FLOOD ADVISORY FOR MINOR FLOODING OF URBAN AREAS IN… WESTERN SAN DIEGO COUNTY IN SOUTHWEST CALIFORNIA… * UNTIL 830 AM PST * AT 535 AM PST…DOPPLER RADAR CONTINUED TO INDICATE MODERATE TO LOCALLY HEAVY RAIN SHOWERS OVER THE AREA. MINOR FLOODING OF LOW LYING AREAS HAS BEEN REPORTED. * LOCATIONS IMPACTED INCLUDE…CAMP PENDLETON…CARLSBAD…CHULA VISTA…EL CAJON…ENCINITAS…FALLBROOK……OCEANSIDE…SAN DIEGO…SAN MARCOS…SANTEE…SOLANA BEACH…SPRING VALLEY AND VALLEY CENTER. PRECAUTIONARY/PREPAREDNESS ACTIONS… EXCESSIVE RUNOFF FROM HEAVY RAINFALL WILL CAUSE ELEVATED LEVELS ON SMALL CREEKS AND STREAMS…AND PONDING OF WATER IN URBAN AREAS… HIGHWAYS…STREETS AND UNDERPASSES AS WELL AS OTHER POOR DRAINAGE AREAS AND LOW LYING SPOTS. A FLOOD ADVISORY MEANS RIVER OR STREAM FLOWS ARE ELEVATED OR PONDING OF WATER IN URBAN OR OTHER AREAS IS OCCURRING OR IS IMMINENT. IN HILLY TERRAIN THERE ARE HUNDREDS OF LOW WATER CROSSINGS WHICH ARE POTENTIALLY DANGEROUS IN HEAVY RAIN. DO NOT ATTEMPT TO TRAVEL ACROSS FLOODED ROADS. FIND ALTERNATE ROUTES. IT TAKES ONLY A FEW INCHES OF SWIFTLY FLOWING WATER TO CARRY VEHICLES AWAY.
BUMBLEBEE RECALLS TUNA DUE TO LOOSE SEALS, RISK OF BOTULISM
March 8, 2013 (San Diego)- Bumble Bee Foods, LLC, has issued a voluntary recall on specific codes of 5-ounce Chunk White Albacore and Chunk Light Tuna products. The recall has been issued because the products do not meet the company’s standards for seal tightness. Loose seals or seams could result in product contamination by spoilage organisms or pathogens and lead to illness if consumed. There have been no reports to date of any illness associated with these products. For full list of recalled products and details, see http://www.fda.gov/Safety/Recalls/ucm342592.htm
FOREST SERVICE SEEKS PUBLIC COMMENTS ON CHANGES PROPOSED TO CLEVELAND NATIONAL FOREST AND OTHER SOUTHERN CA FOREST MANAGEMENT PLANS
Public meetings set, including March 26 in Alpine and March 27 in Ramona March 8, 2013 (San Diego) – Forest Service officials are seeking public comments on the Draft Supplemental Environmental Impact Statement for a Proposed Amendment to the Land Management Plans for the four Southern California national forests (the Angeles, Cleveland, Los Padres, and San Bernardino). The environmental impact statement analyzes the proposal to modify the existing land use zones allocations in selected inventoried roadless areas to include more back country non-motorized and recommended wilderness areas. It also analyzes the proposal to modify the land management plan monitoring framework. The statement evaluates alternatives for both topics, including an alternative that would recommend most of the study area as wilderness. The environmental impact statement can be found on the project webpage at: http://www.fs.fed.us/nepa/nepa_project_exp.php?project=35130 This Proposed Amendment to the Land Management Plan is part of the Settlement Agreement approved January 3, 2011, in the case of California Resources Agency, et al vs. United States Department of Agriculture, and Center for Biological Diversity, et al vs. United States Department of Agriculture. Public Meetings The four national forests will be hosting multiple open houses during the 90-day comment period that began February 15. The content and format of each meeting will be identical; however each forest will be presenting information specific to the local area. Meetings will begin with an open house where Forest Service staff will be available to answer questions about the Draft SEIS. A brief presentation will begin 30 minutes after the meeting opens, followed by an opportunity to ask questions. Maps of the alternatives will be available for viewing. Forest Service staff officers will be available to answer questions, and maps of the proposed changes will be available for viewing. The meeting times and locations are: • March 26, 2013, 4:00 PM to 7:00 PM, Angeles National Forest Headquarters, 701 North Santa Anita Avenue, Arcadia, CA 91006 • March 26, 2013, 4:00 PM to 7:00 PM, Alpine Community Center, 1830 Alpine Blvd, Alpine, CA 91901 (Hosted by the Cleveland National Forest) • March 27, 2013, 4:00 PM to 7:00 PM, Palomar Ranger District Office, 1634 Black Canyon Road, Ramona, CA 92065 • March 28, 2013, 4:00 PM to 7:00 PM, Santa Clara Mojave Rivers Ranger District Office, 33708 Crown Valley Road, Acton, CA 93510 • March 28, 2013, 5:00 PM to 7:30 PM, San Bernardino National Forest Headquarters, 602 S. Tippecanoe Ave., San Bernardino, CA 92408 • April 9, 2013, 4:00 PM to 7:00 PM, Mt. Pinos Ranger District office, 34580 Lockwood Valley Road, Frazier Park, CA 93225 • April 10, 2013, 4:00 PM to 7:00 PM, Southern California Edison, 103 David Love Place, Goleta, CA 93117 (Hosted by Los Padres National Forest) How to Comment The public is encouraged to participate in the process. Comments should be received within 90 days of the publication of the Notice of Availability in the Federal Register. The Notice was published on Friday, February 15, 2013, and the comment period closes on Thursday, May 16, 2013. Comments may be sent via e-mail to socal_nf_lmp_amendment@fs.fed.us, or filed through the project web page at http://www.fs.fed.us/nepa/nepa_project_exp.php?project=35130. Send written comments to: Cleveland National Forest 10845 Rancho Bernardo Road Suite 200 San Diego, CA 92127-2107 ATTN: LMP Amendment
SPRING FORWARD THIS SUNDAY: DAYLIGHT SAVINGS TIME REMINDER
March 8, 2012 (San Diego’s East County)–March 10 is the time of year when we turn our clocks ahead one hour at 2:00 a.m., or turn your clocks ahead before going to bed the night before. In addition, remember to change the batteries in your smoke and carbon monoxide alarms in your home and/or business. Visit www.heartlandfire.org for more safety tips.
ON THE SILVER SCREEN: PRESCRIPTION FOR PERSECUTION (BARBARA)
March 8, 2013 (San Diego) – Freedom of speech, protection from unreasonable searches and seizures, due process, and freedom of travel are just a smattering of the many rights the United States affords to its people. One needn’t be overly familiar with 20th century world history to see how movies like Barbara serve as a reminder of how easy it is for Americans (admittedly myself included) to take for granted these freedoms. From 1961 to about 1990, the Berlin Wall separated the free, democratic West Germany from the communist, police state East Germany. East Germans faced police harassment, were spied and informed on to the government, and were for the most part forbidden from leaving the country. Barbara (Nina Hoss) is a pediatric surgeon who is forcibly transferred from a prestigious hospital in East Berlin to a small rural hospital as punishment for applying to emigrate to West Germany. (I should note that I had to look this up on Wikipedia because the dialogue makes little to no mention of this fact; if it did, it was so much in passing I missed it.) She works under Dr. Reiser (Ronald Zehrfeld), who is required by the Stasi (the East German state security service not unlike the Soviet Union’s KGB) to inform on her to them. Barbara plans to escape to West Germany to be with her lover, Jörg (Mark Waschke), but a young ill pregnant woman forced to work in a chain gain, a young man with a brain injury, and Barbara’s growing feelings for Dr. Reiser and diminishing love for Jörg cause her to reconsider her future. Nina Hoss delivers a complex, mesmerizing performance. She plays two different characters, both of them as strong and high-caliber as they are polar opposites. As she arrives for her first day at the hospital, she’s cold towards her new co-workers. Numerous synonyms for cold – as it pertains to emotion – popped in my head: icy, frigid, and frosty were a few. It isn’t hard to fault her for feeling this way; the characters mention in passing (in fact, everything, is mentioned in passing) that she was transferred from a hospital called Charité. But what will likely be lost on a lot of American audiences is that Charité was – and still is – is one of the most prestigious medical schools in Europe. That her supervisor is tasked by the Stasi to keep tabs on her doesn’t help. Neither does having her place trashed by the Stasi as harassment. Nor does being subjected to a demeaning and degrading cavity search. But through it all, Nina Hoss imbues her character with bravery and dignity. But around her young patients, she’s an entirely different person. She cares deeply about her patients. In a stark contrast to her unfeeling nature around the Stasi and the hospital staff, her emotions bloom. In one scene, she reads Huckleberry Finn to Stella. She breaks down in tears, unable to continue reading. It may sound trivial the way I write it, but believe me, it’s huge when viewed side by side against her other personality. Barbara’s change from selfish to selfless is charted slowly, but as it unfolds it grows larger in scope and significance. The script by director Christian Petzold and Harun Farocki stresses simplicity and essence. The dialogue is minimal. When spoken, it’s succinct. Rather than using words, Petzold expresses Barbara’s themes of anguish, bitterness, and longing through multiple non-dialogue scenes that go on for a few minutes at a time and have a methodical, pensive unfolding. The screenplay goes at its own pace, never rushing itself, but never taking too much time. While the actual running time is one hour and 45 minutes, the contemplative performances and visual expressions make the perceived running time seem over two hours. 120 minutes or 105 minutes, what’s on the screen is marvelous. Cinematographer Hans Fromm’s color palette looks simple, but when considered within the context of the repressive East German government and Barbara’s frigid demeanor, meaning emerges. Fromm uses warm colors such as orange, red, and light brown in almost every scene with a few notable exceptions. These colors bring warmth and comfort that belie both Barbara’s bitterness and coldness, and the repressive East German’s hold on her life. Ironically, it’s mostly the scenes between Barbara and her lover, and their hopes for her to defect that are shot with cool colors. Jörg represents her freedom, her happiness, and her liberation from the police state. But these scenes are shot with cool colors, which reflect her increasing suspicion that maybe the grass isn’t greener on the other side of the Iron Curtain. It still blows my mind that for almost thirty years, Germany was separated by an almost impenetrable wall designed by the socialist East Germany to keep its population from defecting. I wish I could say, “Man, how times have changed.” Unfortunately, that’s not true. In some ways it’s even gotten worse. The Cold War between the United States and the Eastern Bloc may have ended over twenty years ago, but in its place is a new one between the Western powers and the Middle East, not to mention the tensions between the West and North Korea. And in some of the world’s most repressive governments – Iran and North Korea to name a few – that are even worse than East Germany, the tragedy is that there are Barbaras in those nations that are caught in the crosshairs, have no say, and are forced to suffer for it. B+ Barbara is now playing at the Landmark Hillcrest. An Adopt Films release. Director: Christian Petzold. Screenplay: Christian Petzold and Harun Farocki. Original Music: Stefan Will. Cinematography: Hans Fromm. Cast: Nina Hoss, Ronald Zehfeld, and Rainer Bock. Running time: 105 minutes. Rated PG-13. Brian Lafferty welcomes letters at brian@eastcountymagazine.org. You can also follow him on Twitter: @BrianLaff.
ZOOM! JIMMIE JOHNSON HEADS TO NATIONWIDE RACE AFTER WINNING DAYTONA 500
March 3, 2013 (San Diego’s East County) – What do you do after winning your second Daytona 500 race? The Harlem Shake, of course! View video of East County native and five-time NASCAR champion Jimmie Johnson and his teammates shaking things up as they celebrate their latest victory: http://www.jimmiejohnson.com/cantina Next up, Johnson will race in Saturday’s Nationwide Race at the Phonenix International Raceway. Also this week, Johnson announced that Lowe’s has renewed its sponsorship. “We’ve been together for this crazy ride, and I’m so happy we’re continuing it together,” Johnson said, USA Today reported. Johnson grew up in Santee and El Cajon. The hometown hero has previously been honored by the White House but never forgot his roots; in recent years he has donated over half a million dollars to benefit local schools.
CONGRESSWOMAN SUSAN DAVIS COSPONSORS BILL TO HELP LOCAL BREWING BUSINESSES
Bill would provide federal tax adjustment to local breweries March 7, 2013 (San Diego)– To help the local craft brewing industry, Congresswoman Susan Davis (CA-53) joined a bipartisan group of members in cosponsoring H.R. 494, the Small Brewer Reinvestment and Expanding Workforce Act. “San Diego is increasingly becoming known as a hub of the craft brewing industry, which has contributed to the growth of small businesses and jobs in the region,” said Davis, a member of the House Small Business Caucus. “Small, independent brewers are a fast rising segment of our economy and Congress should help them compete against large, multi-national brewers.” H.R. 494 would adjust the federal excise tax paid by small brewers for the first time in 37 years, giving companies in this industry additional capital to grow their businesses and hire more workers. Learn more about the Small BREW Act.